(Per : Justice Irshad Hussain, President):

Complainant Sh. Jodh Singh Bartwal, on attaining age of superannuation, was retired from the services on 31.05.1992 from the office of District Magistrate, Chamoli. He had been paid 90% of the amount of provident fund subscription, as is the practice and remaining 10% of the amount was to be paid after conciliation of the deposits, withdrawals etc. from the provident fund account of the complainant. Despite a long wait, the remaining amount of the fund was not paid, whereby the consumer complaint No. 143/1993 was filed by the complainant alleging deficiency in service.

2. Complaint was contested mainly on the ground that sum of Rs. 1,164/- had been paid in excess to the complainant and that the complainant was not entitled to any further amount from his fund. According to the appellant, the complainant was duty bound to deposit the excess amount paid to him due to miscalculation at the time of payment of 90% of the amount of the provident fund.

3. The District Forum, Chamoli (Gopeshwar) by order dated 13.09.1994, allowed the consumer complaint and directed the opposite parties to pay the remaining amount of the provident fund of the