Sri S.K.Sahoo,President.
The complainant has filed the present petition U/s. 12 of C.P.Act.1986.
2. The case of the complainant is that he is an employee under the organisation of the opp.parties which is a banking organisation constituted as per Co-operative Society Act to serve its share holders without any profit motive. The complainant was appointed as a support staff, who retired from his service on 31.10.2017. At the time of appointment the complainant had deposited a security amount of Rs.7820.00 as required under, which was refundable with interest at the time of retirement. The opp.parties also deducted an amount of Rs.10,500.00 from the salary of the complainant towards Group Insurance Scheme which is payable on happening untoward incident as per the sum assured in the policy or at the time of retirement the sum total of the deposit made by the employee . The copy of the deduction are as per Annexure-1. The complainant-employee is entitled to get unavailable leave salary as per the scheme in shape of cash benefit. The complainant retired from Dhenkanal Branch on 01.09.2017. Annexure-2 is the copy of the said order. After retirement the complainant is getting a minimum amount towards pension, though he is entitled to get more pension. The complainant has to avail a loan from the opp.parties to fulfil his necessity. As the complainant was not paid with the retiral benefit, he cannot able to repay the loan. The loan amount is increasing day by day. Inspite of several requests both oral and in writing the opp.parties are not paying the benefits which the complainant is entitled at the time of retirement. Hence this case.
3. Notices were issued to the opp.parties through Regd. post with A.D on 26.02.2020. On 18.03.2020 the Learned Counsel Sri S.K.Pradhan & Sri Pradeep Ku. Debata appeared on behalf of the opp.parties and took time for filing show cause. Although several opportunity were given to the opp.parties, they failed to file show cause till 08.11.2021 on which date the case was posted for hearing. None of the parties adduced evidence. On 28.06.2023 heard the argument from the Learned Counsel for the complainant.
4. The complaint petition filed by the complainant is not supported with affidavit. However, it was verified by the complainant. On perusal of the complaint petition and the documents filed by the complainant it is clear that the complainant was serving under the organisation of the opp.parties which is a co-operative society. It is also clear that the complainant retired from his service on 31.10.2017 but till now the opp.parties have not returned the security deposit amounting Rs.7820.00 and the amount deducted from the salary of the complainant towards Group Insurance Scheme amounting Rs.10,500.00. From paragraph-5 of his complaint petition it appears that the opp.parties have not disbursed the un-availed leave salary of the complainant as per the leave salary scheme in shape of cash benefit .The complainant is not a consumer for his claim towards leave salary and security deposit with the opp.parties. So such claim of the complainant before this Forum/Commission is not maintainable. However, the opp.parties have deducted an amount of Rs.10,500.00 from the salary of the complainant towards Group Insurance Scheme which is not yet returned to the complainant. The complainant is a consumer under Group Insurance Scheme. He is entitled for the money deposited by him with the opp.parties towards Group Insurance Scheme. The complainant has retired from his service from 31.10.2017 but till now the amount under Group Insurance Scheme has not yet been paid to him. There is deficiency in service on the part of the opp.parties by non-payment of the amount deposited by the complainant towards Group Insurance Scheme. This caused harassment , mental agony and financial loss to the complainant.
5. Hence order :-
: O R D E R :
The case be and the same is allowed in part. The claim for un-utilised leave salary and the refund of the security deposit is refused. The opp.parties are directed to pay an amount of Rs.10,500.00 (Rupees Ten Thousand Five Hundred) only to the complainant along with interest @ 9% per annum from his date of retirement i.e on 31.10.2017 till it is actually paid to the complainant. They are also directed to pay an amount of Rs.5,000.00 (Rupees Five Thousand) only towards litigation cost. The opp.parties directed to comply the order within one month from the date of receipt of this order, failing which they are to pay penal interest @ 12% per annum on Rs.10,500.00 (Rupees Ten Thousand Five Hundred) from 31.10.2017 till payment is made and penal interest @ 12% on the litigation expenses of Rs.5,000.00 (Rupees Five Thousand ) only after one month of receipt of order till payment is made.