13 JAN 2003

BAO R

Tis SlaLs ONSUMSR Di SPUTs REURUSSAL

OMMISSION,

ORI SSA

WTTAU

C.D.Appeal No.

1 2003

In the matter of:

An Appeal Under Sec. 15 of the

Consumer Protection ACt, 1986.

AN D

n

the uatter of:

Hegional1 Providend Funa Comaission,

n

t h e d r e s

pr

ed

17/2

dmkim

Cuhe

0 rissa, Bhavishya Nihi Bhawan,

Bhubaneswar, Dist. Kharda

Rep res ented through it»s

ASst. P rovidend Fund Comuis sioner(Legal)

in the Office of Regional Pro vidend

Fund Com miss ioner, Orissa,3hubanes war

Di strict: Kaurda,

Ap pellant.

VerSus

1. Sri Dandapani Das

Ex-onduc tor, 0.S.R.T.U.,

Upper Circle Ro ad,

At. Bhanj anagar, Dist.Ganjaa.

2. District lransport Manager(Aduin,)

0.S.R.T. Corporation at Phulbani,

Di strict. Phulbuni.

3. Chai rual- culm- Nanaging irector,

0.8.R.T.0., P aribahan Bhawan,

Sachivlaya ars, Bud aneswar- 9.

Dist. Khurd

hespo1lndents

Office note as to action (if any).

taken on Order

SI. No.

Date of

ORDER WITH SIGNATURE

of Order

Order

2115 12-21

C.D.APPEAL NO, 42 OF 2003

Heard learned counsel for| the appellant.

None

appears for the respondents.

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

2. 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.

Learned counsel for the appellant 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.

It

is

revealed from

the complaint

that

the

4. complainant being an employee of OP No.3 retired from

service but he claims EPF dues contributed by him. Since

oGP-MP-CTCP (FS&CW) 2ERË.duesrOtOpaid, he filed the complaint.

Office note as to acton (fif any).

taken on Order

ORDER WTTH SIGNATURE

OPs filed written ^version stating ^{that the dues}

whatever have been contributed by the employer has

already been paid to the complainant. But OP No.3 has

failed to discharge any service to the complainant.

After hearing both parties learned District Forum

have passed the foliowing impugned order:

In the resut, we ditect the OPs who are jointly

and severolly lioble to pay an amount of Rs.37,254/

to the compiainant towards his E.P.F. dues along with

Rs.5000/- as compensatibn towards mental agony

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

interest

claimed by the complainant within one

month of receipt of this order. At the same time the

compiainant is also directed to file up-to-date interest

coiculation sheet since 0/2000 till the date of

poyment in oddition to his earlier cloim before the

OPs ofter consultation with the employer within a

week of receipt of this order without fail, failing which

2 said amaunt will cara 15% interest as a uhale

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

taken on Order

SI. No.

Date of

ORDER WITH SIGNATURE

of Order

Order

from ^{the date of order till the date of final payment is}

made."

7. Learned ^{counsel for the} appellant ^{submitted that}

7. 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 same.}

In view of ^{the affidavit as stated in above para, the}

8. deficiency ^{of service has been removed by payment of all}

dues ^{to the complainant. As such, rest of the impugned}

order ^{regarding payment of compehsation and cost is set}

aside. ^{Therefore, appeal is allowed The entire impugned}

order ^{is set aside. No cost.}

DFR be sent back forthwith.

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

SI. No.

Date of

Office note as to action (if any),

taken on Order

of Order

Order

ORDER WITH SIGNATURE

The copy of this order be supplied to the respective

parties ^or the copy of this order be downloaded from

Confonet or Website of this Commission to treat same as

copy supplied from this Commission.

ii

(Or

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