BEFORE THE STATE cONSUMER DISPUTE REDRESSAL

COMMISsION, ORISSA : ^CUTTACK

C.D. APPEAL NO.

OF 2004

IN THE MATTER OF:

An appeal under Section 15 of the

Consumer Protection Act, 1986.

AND

IN THE MATTER OF:

Managing director,

Orissa Agro Industries Corporation Ltd.,

95-Satyanagar, Bhubaneswar,

Dist- Khurda.

1. 2.

District Manager, Ganjam,

Orissa Agro Industries Corporation Ltd.,

Berhampur, Dist- Ganjam.

Project Manager (Feed),

Cattle & Polutry Feed Processing Plant,

Orissa Agro Industries Corporation Ltd.,

Industrial Estate, Berhampur, Ganjam.

(who were Opposite Parties No.2 to 4 in the

District Forum below)

3. s6?i

.. APPELLANTS

-VERSUS-

Sri K. Kanaka Rao,

S/o. Late K. Appa Rao,

AUP.O- Chhatrapur,

P.S-Chhatrapur,

Dist-Ganjam (Orissa).

(who was complainant in the District forum below)

1. Regional Provident Fund Commissioner

Orissa, Bhubaneswar,

Dist- Khurda.

(who was Opposite Party No.I in the District

Forum below)

... RESPONDENTS

MEMORANDUMOF APPEAL

1. That the Respondent No.l as complainant (hercinafter referred to as

complainant) filed C.D. case No.128 of 2003 in the District Consumer Dispute

SI. No.

Date of

Order

ORDER WITH SIGNATURE

Office note as to action (if any),

of Order

taken on Order

C.D.A.No.500/2004

3-i2-21

Heard learned coinsels for both sides.

2. This is an appeal filed u/s 15 of the

erstwhile

Consumer Protection

Act,

1986 (hereinafter called the Act). Parties to this

appeal ^shall be ^referred tol ^{with reference to}

their respective status before the District

Forum.

3. The case of the domplainant in nut

shell is that the complainant was an employee

of O.P Nos.2,3 & 4. It is alleged interalia that

the complainant durirg his |service carrier has

contributed ^E.P.F dues.However ^{he took}

voluntary ^{retirement on 31.07.2001.}

It is

alleged ^{interalia. that till February,1999 he has}

got ^{the E.P.F} dues ^{but. from February,1999 till}

OGP-MP-CTCP (FS8CW) 2-1.00.000-29-6-2020

Office ^{note as to action (if any)}

taken on Order

SI. No.

Date of

of Order

Order

ORDER wITH SIGNATURE

retirement period ^{he has hot got the E.P.F dues}

in spite of ^his approaches. ^{So the complaint}

was filed.

4. The ^{O.P No.2} to ^{filed written version}

separately stating ^{that the complaint is not}

maintainable as it ^{is a} mmatter ^{under the E.P.F}

Act. ^{Moreover he} subrmitted ^{that the matter}

has been placed ^before the ^{Hon'ble High Court}

of Orissa ^where necessary ^{orders have been}

passed.

Therefore thefe ^{is no deficiency of}

service on their part.

The O.P No.1 ^{filed written version}

stating ^{that due to non-deposit of E.P.F}

contribution by the employer, ^{they have not}

settled the dues of the cbmplainant.

Office note as to action (if any).

taken on Order

SI. No.

Date of

ORDER WITH SIGNATURE

of Order

Order

6. After hearing both the parties, the

learned Dist. Forum pased the following

order;

Xxx

XXX

xxx

In the result, we allow¢d the claim in part

on contest and O.P N.2 to4 are directed to

deposit the' arrear dues of the complainant

with 12% interest per annum from the date of

filing of this case i.e. 22.8.2bo3 with O.P No.1

tiil deposit of the said armount within one

month ^of receipt of this| ^{order and after}

deposit of arrear dues with interest O.P No.1

shall take necessary steps |for settlement of

EPF account of the complainant within one

month from the date of said deposit. The 0.P

No.2 to 4 also directed to pay cost of Rs.1000/-

to the complainant.

Xxx

XXX

XXX

OGP-MP-CTCP (Fs&CW) 2-1.00.000-29-6-2020

Office note as to action (if any),

taken on Order

SI. No.

Date of

Order

ORDER wITH SIGNATURE

of Order

7. Learned coun_el for the appellant

submitted that learned

Dist.

Forum

has

committed error in law by not going through

the affidavit of the ernployer filed by him

where it is stated that they have filed W.P.(C)

No.8521 of 2003 and after disposal of the

same they have deposited the contribution on

28.05.2004 complying the order of the Hon'ble

Hig

Click Here to Read the rest of this document