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2025 Supreme(Online)(SCDRC) 9784

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
EMPLOYEES PROVIDENT FUND ORGANISATION – Appellant
Versus
MR. RAMESH MADHUKAR SHETYE – Respondent
SC/30/RA/6/2024



BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member In the matter of Review Application 06 of 2024 in First Appeal

21 of 2021.

Employee’s Provident Fund Organisation, Assistant P.F Commissioner, Regional Office, Panaji-Goa. …Petitioner V.

Mr. Ramesh Madhukar Shetye, House No.1345, Siddheshwar Nagar, Tisk Usgao-Goa -403406. ….Respondent In the matter of Revision Application 07 of 2024 in First Appeal 23 of 2021.

Employee’s Provident Fund Organisation, Assistant P.F Commissioner, Regional Office, Panaji-Goa. …Petitioner V.

Shri. Anant A. Kerkar, House No.711, Pethechawada, Korgao, Pernem-Goa -403512. ….Respondent In the matter of Revision Application 08 of 2024 in First Appeal 24 of 2021.

Employee’s Provident Fund Organisation, Assistant P.F Commissioner, Regional Office, Panaji-Goa. …Petitioner V.

Mr. Uttam Rahu Shetye, House No.769, Pethechawada, Korgao, Pernem-Goa -403512. ….Respondent In the matter of Revision Application 09 of 2024 in First Appeal 25 of 2021.

Employee’s Provident Fund Organisation, Assistant P.F Commissioner, Regional Office, Panaji-Goa. …Petitioner V.

Arvind Laxman Tarle, House No.211, Ajoba Nagar, Honda, Sattari- Goa-403505. ….Respondent In the matter of Revision Application 10 of 2024 in First Appeal 26 of 2021.

Employee’s Provident Fund Organisation, Assistant P.F Commissioner, Regional Office, Panaji-Goa. …Petitioner V.

Mr. Francisco Avelino Fernandes, House No.10, Dondebhatt, Neura, Tiswadi,- Goa-403104. ….Respondent In the matter of Revision Application 11 of 2024 in First Appeal 27 of 2021.

Employee’s Provident Fund Organisation, Assistant P.F Commissioner, Regional Office, Panaji-Goa. …Petitioner V.

Mr. Devidas Yesu Velingkar, House No.232 Veling-Gothan, PO Mardol, Goa 403404. ….Respondent Adv. Ms. Megha Salkar present for Petitioner.

Respondent present in person.

DATE: 28/10/2024 JUDGMENT [per Adv. Ms. Rachna Anna Maria Gonsalves, Member]

1. This Order shall finally dispose off Review Application filed by Applicant u/s 50 of CPA 2019 against the Judgment and Order dated 06/02/2024 passed by this Commission in FA/21/2021. For sake of brevity the Petitioner herein was Respondent in the main Appeal and the Respondent herein was the Appellant.

2. The brief facts:

A. The contention of the Petitioner is:

i. That by Judgment and Order dated 06/02/2024 this Commission has partly allowed the Appeal.

ii. That on receipt of the certified copy of the Impugned Judgment and Order, the Applicants on examining the legal implications noted that there were certain inaccuracies which are apparent on the face of the record and the same needs to be corrected in terms of:

The Impugned Judgment and Order at serial Nos. 3, 4 & 5 in the prayer cannot be considered as these prayers speak about the main reliefs asked in the first appeal against the Petitioner herein.

Further in the Order, specifically at serial nos. ‘a’ and ‘b’ of the impugned Judgment and Order, it states the appeal is partly allowed and the Petitioner is directed to pay an amount of Rs.20,000/- to the Appellant for hardships and sufferings caused.

Further in the Impugned Judgment and Order an error is made by not specifying which of the prayer from serial no.-1 to 7 is granted whereby the Petitioner is liable to pay compensation to the Respondent.

It is further stated by the Petitioners that due to the errors in the Order of the Impugned Judgment, no decision on compliance can be taken as the same is erroneous and hence requires a correction. The Petitioner prayed, that the Review Petitioner be allowed and Judgment and Order dated 06/02/2024 be corrected.

B. The contention of the Respondent is:

i. That the Complaint was filed by the Respondent before District Commission, North-Goa at Porvorim, which dismissed by the District Commission, North.

ii. Further that the Respondent stated that the six members are not Government servants.

iii. As stated by the Re

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