IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble Thiru. Justice R.SUBBIAH : PRESIDENT F.A.No.50 of 2022 and F.A. No.332 of 2022 (Against the Order, dated 11.04.2019, passed in C.C.No.13 of 2014, by the DCDRC, Namakkal)

Friday, the 21^st day of February, 2025 F.A.No.50 of 2022 The President, No.6827, Kondamanickenpatty Primary Agricultural Co-operative Credit Society Limited, Kondamanaickenpatty Post, Namakkal District. … Appellant/1st Opposite Party.

vs.

1. V.Vijayan, Son of Vangili Gounder, No.5/51, Maniyaran Street, Muthukapatty Post, Namakkal District. … 1st Respondent /Complainant.

2. The Tamil Nadu Consumer Society rep. by its Secretary, K.Subbarayian. ... 2nd Respondent/Representative of the complainant. 3. Tha. Saravanan, The Deputy Registrar of Co-operative Societies, Trichy Road, Namakkal-637 001, Namakkal District. ... 3rd Respondent/2nd opposite party For Appellant : M/s. K.Selvaraj For Respondents 1&2 : M/s. T.Muruganantham

3rd Respondent : Served. Called absent.

F.A. No.332 of 2022

1. V.Vijayan, Son of Vangili Gounder, No.5/51, Maniyaran Street, Muthukapatty Post, Namakkal District. … Appellant/Complainant.

2. The Tamil Nadu Consumer Society rep. by its Secretary, K.Subbarayian In his capacity as Power Agent.

...Registered Authorized Representative -Vs-

1. The President, No.6827, Kondamanayakanpatti Primary Agricultural Co-operative Credit Society Limited, Kondamanayakanpattu Post, Namakkal District.

2. T.Saravanan, Assistant Registrar of Co-operative Societies, Trichy Road, Namakkal-637001. ... Respondents/opposite parties 1&2 For Appellants : M/s. T.Muruganantham For 1st Respondent : M/s. K.Selvaraj

2nd Respondent : Served. Called absent.

Both the First Appeals came up for final hearing on

07.02.2025 and, on perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

COMMON ORDER

R.Subbiah, J. – President.

F.A.No.50 of 2022 has been filed by the first opposite party as against the order dated 11.04.2019, passed in C.C.No.13 of 2014, by the District Consumer Disputes Redressal Commission, Namakkal, by allowing the Complaint thereby directing the opposite parties to pay Rs.3,10,061/- towards Gratuity, Rs.69,263/- towards General Provident Fund, totaling a sum of Rs.3,79,324/- to the first complainant along with interest at the rate of 10% from the date of complaint till realization, to pay Rs.10,000/- as compensation for the mental agony to the first complainant and Rs.3,000/- for costs, within two months.

F.A.No.332 of 2022 has been filed by the Complainants as against the disallowed portion of the said order. Since the issues involved in both the appeals are interconnected with each other, these two appeals are disposed of by way of a common order.

For the sake of convenience the parties will be referred as per their respective rankings before the District Consumer Disputes Redressal Commission, Namakkal. 3. The case of the complainant before the District Commission is that, the complainant was working as Secretary of the first opposite party Co-operative Credit Society and he retired from service on 31.01.2012. As per the instructions given in the Circular No.20/2012 (R.C.No.57598 /2012/P.A.S, dated 06.07.2012, and as per the Final Audit Report, the complainant is entitled to receive Rs.4,77,134/- towards terminal benefit. Since a sum of Rs.1,67,073/- has already been paid to the complainant, the opposite parties have to pay Rs.3,10,061/- to the complainant. Further, the complainant is entitled receive a sum of Rs.69,263/- towards General Provident Fund and Rs.1,32,432/- towards Earned Leave Salary. Thus, totaling a sum of Rs.5,11,756/- has to be paid by the opposite parties to the complainant. In fact the opposite parties had paid all the retirement benefits to one of the employee viz., Palanichamy, along with interest at the rate of 10.5%. In order to wreck vengeance against the complainant the opposite parties intentio