BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 27 of 2015
Sri Kiriti Mohan Bhattarcharjee
R/O- Flat No. 90-3-D, 3rd Floor,
Sushama Enclave, College Road, Silchar-788004.……………………. Complainant.
-V/S-
1. The Addl. Provident Fund Commissioner,
Board of Trustees, the Assam Tea Plantation
Provident Fund & Pension Fund & DLI Scheme,
“NIDHI BHAWAN” Basistha, Lalmati, N.H-37, Guwahati-29 O.P No.1.
2. The Asstt. Provident Fund Commssioner,
The Assam Tea Plantation
Provident Fund & Pension Fund & DLI Scheme,
Trunk Road, Silchar-1 (Assam) O.P No.2.
3. The Fund Control Officer,
The Assam Tea Plantation
Provident Fund & Pension Fund & DLI Scheme,
P.O & Dist. Karimganj (Assam) O.P No.3.
4. The Manager,
Kalaincherra Tea Estate,
P.O. Kalain-788812 (Assam) O.P No.4.
Present: - Sri BishnuDebnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. ChandanaPurkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Mr. D. K.Ghosh & M. Bhattacharjee, Advocate for the complainant.
Mr. Souman Choudhury, Advocate for the O.P.No.1 to 3.
Mr. R.M. Das, Advocate for the O.P No.4.
Date of evidence…………………………………. 19-07-2016, 16-01-2017
Date of written argument………………………. 08-08-2017, 05-01-2018
Date of oral argument…………………………. 21-03-2018
Date of judgment………………………………. 08-05-2018
JUDGMENT AND ORDER
(Sri Bishnu Debnath)
Sri Kiriti Mohan Bhattarcharjee, an employee of Kalaincherra Tea Estate (Retired) brought the complaint under the Provision of Consumer Protection Act 1986 for award of compensation for disservice of releasing his PF Fund amount belatedly and interest @ 12% per annum on the said released PF amount.
He brought the following facts to get the relief:-He retired from his employment on 15-10-2008. During the service under Kalainchera Tea Estate his contribution to the Provident Fund were regularly deducted by his employer but after his retirement he received Rs.2,49,987/- on 31-07-2010 as part of his accumulated provident fund money with employer’s share and balance amount of provident fund money of Rs.3,04,175/- received on 12-09-2014. As the O.Ps released the provident fund money with inordinate delay, so, he is demanding interest @ 18% per annum and compensation for disservice etc.
The O.P No.1,2 and 3 being the authority in hierarchy who are maintaining the PF Account of the complainant submitted their joint W/S. In the W/S they have stated inter-alia that as per record total P.F amount accumulation for the complainant’s A/C No. 691 was Rs.5,54,162/- as on 15-10-2008 i.e. on the date of superannuation of the Complaint but said accumulated amount paid in two installment i.e. Rs.2,49,987 as provisional amount and after that the balance amount of Rs.3,04,175/- received on 30-08-2014 because Kalaincherra Tea Estate deposited the amount with employer’s contribution lately, for which they could not settle the P.F claim in time.
The Kalaincherra Tea Estate in its W/S denied the allegation but admitted the fact that last installment of P.F amount of Rs.3,04,175/- of the complainant deposited to the Bank Account of O.P Nos.1,2 and 3 on 25-12-2014 and provisional Settlement amount of Rs 2,49,987 was paid on 31-07-2010.
During hearing the complainant deposed as P.W-1 and exhibited relevant documents including letter No.PF/2014/C-054/4116-18 dated 15-09-2017 of the Additional Provident Fund Commission, vide Ext-1 in respect of second and final installment of P.F amount.
The O.P No. 1 to 3 has not submitted any deposition but Kalaincherra Tea Estate examined Sri Pawander Singh as D.W-1. After closing evidence both the counsels of the complainant and the Ld. Advocate of the Kalaincherra Tea Estate submitted written argument.
I have heard oral argument of the Ld. Advocate of the parties.
In this case it is admitted fact that the complainant’s contribution to P.F A/C No.691 (Garden Code No.C/054) were regularly deducted from his salary by Kalaincherra Tea Estate but the employer i.e., Kalaincherra Tea Estate did not deposit the said contribution with employer’s part as per provision of Contributory Provident Fund Rules prior to the date of superannuation of the complainant on 15-10-2008. However, it is a admitted fact that complainant received a portion of P.F amount of Rs.2,49,987/- on 31-07-2010 i.e. after about 2 (two) years of his retirement out of accumulated amount of Rs.5,54,162/- and balance amount of Rs.3.04,175/- received after (Five) years from the date of retirement i.e. on 30-08-2014. Why inordinate delay was caused to release the P.F amount to the complainant?
The O.P No.1 to 3 in their W/S stated clearly that the Kalaincherra Tea Estate was defaulter to deposit the P.F contributionin time for which delay was caused and accumulated P.F amount of Rs.5,54,162was released in 2 (Two) installment as above without addition of any more interest.
The Kaliancherra Tea Estate has neither in its W/S nor in deposition challenged the allegation nor clarifies the cause for delay in deposit of the contribution to the Bank Account of the O.P No.1 to 3. That is why, in this case in my consider view inordinate delay of releasing the P.F amount to the complainant is caused due to negligence of the Kalaincherra Tea Estate.
But in the written argument the Ld. Advocate of the Kalaincherra Tea Estate stated that the complainant is not entitled any interest from Kalaincherra Tea Estate because no such relief has been claimed against it.
I have gone through the material on record. It is a fact that the complainant made allegation against O.P. No.1 to 3 for inordinate delay of releasing the P.F amount but in prayer part did not specifically stated that the interest to be paid by the O.P No.1 to 3 only and O.P No.4 i.e. Kalaincherra Tea Estate is not liable to pay compensation.
When prayer is made against all the O.Ps it is clear from the complaint that the relief is sought against all the O.Ps and all the O.Ps may jointly or severally liable to pay compensation. Anyhow, it is the judicial opinion of the District Forum to find out who is among the O.Ps really in negligent for causing disservice. In this case from evidence on record I do not find any negligence on the part of the O.P No.1 to 3 but in reality O.P No.4 i.e. Kalaincherra Tea Estate is in negligence for deposit the P.F amount to the proper head of account to make payment to the complainant. Why the O.P No.4 made inordinate delay to deposit the contribution to the proper head of Account of the O.P No.1 to 3 is not clarified by the O.P No.4. On the other hand, the OP. No.1 to 3 convincingly stated in the W/S that their organization is not a profit making authority except undertaking the task of maintain the PF Account of the Employee of the O.P. No.4 and for not depositing the contribution in time they have adopted coercive measure to realize the dues. The said plea or allegation against the OP.No.4 is not rebutted by the O.P.No.4 by adducing reliable evidence.
Hence, Kalaincherra Tea Estate is liable to pay compensation for disservice of Rs.25,000/- and also liable to pay interest on the P.F amount of Rs. 5,54,162/- at the rate of8% w.e.f. 01-11-2008 to 31-07-2010 and at the same rate of interest above on Rs.3,04,175/- w.e.f. 01-08-2010 to 12-09-2014 as prayed for and also liable to pay cost of the proceeding of Rs.2,000/-. The total awarded amount to be paid within 45 days from today. In default, additional interest at the rate of 10% per annum on awarded amount to be added till realization of the full.
With the above, this case is disposed of on contest. Supply free certified copy of award to the parties. Given under my hand and seal on this the 8th day of May,2018.
