BEPO RE TH STATE ON SUMR DPUTS REDRE SSAL

COMMI 9SION,

ORl SSA: CUTTACK

o. D. APP KAL NO.

2003. In the matter of :

An Appeal Under Sec. 15 of the

Consumer Protection Act 1986

AN D

In the matter of :

Regional Providend Fund Commis sione r,

Orissa,

Bhavishya Nidhi Bhawan,

Bhubaneswar,

DiLst. Khu rda,

2. Asst. Povidend Funa omnis sioner,

edt

17/3

Sub-Regional 0ffice,

0.S.R.T.C.P remi.ses,

Netaji Sabhas Road,

Berhampur, Dist. Ganjan.

Appellants.

-

verSUs -

Sri Kulamani Dali

Ex-Fitter, Gr.I. 0.S.R.T.c

vill- Kulathigan,

P.0.Das apur, ist. Gunj

2. Works tngineer, 0.S.R.T.C

Netaji ubhas Ro as,

berhampur, st. Gan,jau,

3. Cnus wul-uu- Managiug ireo tor,

0.8.R.T.G,

Purivahun shaan, Sachi valaya Narg,

Blubanes war. 75 1009, st.Ku ra.

SI. No.

Date of

Office note as to action (if any).

taken on Order

ORDER WITH SIGNATURE

of Order

Order

2215.2.21

C.D.APPEAL NO 41 OF 2003

Heard learned counsel for the appellants. None

appears for the respondents.

2. Here 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 to with

reference to their respective status before the District

Forum.

3. Learned counsel for the appellants has filed an

affidavit. After going through the same, it appears that

they have already paid the P.F. dues finally settled to the

complainant.

|4.

It

is

revealed

from

the complaint

that the

complainant being an employee of OP No.4 retired from

service but he claims EPF dues contributed by him. Since

oGP-MP-CTCP (FS&CW) 2ERP.dUesFPOO paid, he filed the complaint.

Date of

Order

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

taken on Order

SI. No.

ORDER WITH SIGNATURE

of Order

OPs-RPF Commissioner filed ^{written version stating}

that the dues ^{whatever have} been ^{contributed by the}

employer ^has already ^{been paid to the complainant. But}

OP No.4 has failed to discharge any service to the

complainant.

6. After hearing ^both parties, |learned ^{District Forum}

have passed the following impugned order:

"xxx xxx xXX

In the result, we direct the OPs who are jointly

and severally liable to pay an amount of Rs.56,098/

minus the part payment made by ^{the OP dt.17.8.2002}

to the complainant towards ^{his E.P.F. dues along with}

Rs.5000/- as compensation towards mental agony

and Rs.500/- as grant of litigation cost with up-to-date

interest filed by the complpinant within one month of

receipt of ^{this order.} At ^the

same time ^the

complainant ^{is also} directed ^{to file up-to-date interest}

calculation sheet ^{till the} date of ^{payment in addition}

to his ^{earlier claim} before ^{the OPs ofter consultation}

with the employer within a week of receipts of this

41 2

SI. No.

Date of

Office note as to action (if any),

taken on Order

of Order

Order

ORDER WITH SIGNATURE

order without fail, failing which the said amount will

carry 15% interest as peral interest for the whole

amount from the date of prder till the date of final

payment is made."

7. Learned counsel for the appellants submitted that

since the learned District Forum having not gone through

the record properly and passed the impugned order, it

should be set aside. According to him all the payments

have been cleared. But none appears for the complainant

to challenge the samne.

8. In view of the affidavit as stated in above para, the

deficiency of service has been rembved by payment of all

dues to complainant. As such, rest|of the impugned order

regarding payment of compensatiqn and cost is set aside.

Therefore, appeal is allowed. The eptire impugned order is

set aside. No cost.

OGP-MP-CTCP (FS&CW) 2-1,00,000-29-6-2020

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

taken on Order

Date of

SI. No.

of Order

ORDER WITH SIGNATURE

Order

DFR be sent back forthwith.

The copy of this order be supplied to the respective

parties or the copy of this orde be downloaded from

Confonet or Website of this Commission to treat same as

copy suppli

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