Haryana

Ambala

CC/13/2017

Vikrant - Complainant(s)

Versus

Assistant Commissioner - Opp.Party(s)

Ashok Gupta

25 Apr 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.          :  13 of 2017

                                                          Date of Institution          :  10.01.2017

                                                          Date of decision     :  25.04.2018

 

 

Vikrant  son of Prem Chand Diwan resident of House no.861, New Housing Board Colony, Baldev Nagar, Ambala City.

……. Complainant.

Vs.

 

1.       Assistant Commissioner (Law) Employees Provident Fund Organization, SCO-4-7,  Sector-17-D, Chandigarh

2.       Commissioner Employees Provident Fund Organization SCO 4-7, Sector-17-D, Chandigarh.

….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender  Kumar, Member.               

                   Ms. Anamika Gupta, Member.

 

 

Present:       Sh.Ashok Gupta, counsel for the complainant.

                   Ms. Ritu S.Sharma, counsel for Ops.

 

 

ORDER:

In nutshell, brief facts of the present complaint is that the complainant was doing a private job. The employer of the complainant deposited his Provident Fund and which was lying deposited with the Ops. The complainant after some time when he left the job demanded his amount of provident fund from the Ops in the year 2004, the OP No.1 refunded an amount of Rs. 27129/- through cheque bearing no.513538 on dated 19.07.2014 deposited in the account of complainant after 10.08.2014. Thereafter Rs. 593/- through cheque  no.536235 of dated 22.12.2004 realized after 17.1.2005.The Ops again was liable to pay an amount of Rs. 5724/- as per settlement of account by the Ops. When the complainant  was not received an amount of Rs. 5724/- from Ops, he requested the Ops to release his amount. The Ops informed the complainant that they have already sent a cheque no.132016 dated 23.07.2004 of an amount of Rs. 5724/- but  he did not receive the cheque.  But the Ops informed the complainant  that the cheque  has already been debited  from their account and the amount has been sent in the name of the complainant through their banker Central Bank of India, Chandigarh. He further stated that he never received  any such cheque  and has never been deposited in the account of complainant, hence debiting from the account of the Ops and credited in the account of complainant does  not arise. The complainant has not received any such amount from the Ops till date. The complainant on dated 17.08.2005 served the Ops with a legal notice. The Ops received the same and replied that the said cheque was encashed at Digwa Dubali(Gopalganj) Bihar. Time and again the complainant visited the office of the Ops and requested them to the amount to him but all is in vain. He also stated that it is a mistake and deficiency on the service and proved negligent by sending the amount to some other person and not to the complainant on the part of the OPs. Hence, the present complaint. 

2.                Upon notice, OPs appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable, time barred and bad for non-joinder or misjoinder of necessary parties. On merits, learned counsel for OPs stated that cheque no.132016 dated 21.07.2004 of an amount of Rs. 5724/- was released in favour of the complainant and debited from the account of OP No.2. It is pertinent  to mention  here that when the cheque was put in the course of transmission by availing Govt. run postal services. Moreover, two cheques bearing No.513538 dated 23.07.2014 of Rs. 27129/-  and second cheque no.536235 dated 22.12.2004 of Rs. 593/- was already credited in the account of the complainant. It is pertinent to mention here that cheque no.132016 was debited from the account maintained by the OP No.2 in State Bank of India, Chandigarh. They further said that the said amount has already been debited from its account in favour of the complainant as per the available official record. Thus, there is no deficiency in service on the part of the OPs and prayed for dismissal of the present complaint.

3.               To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 to C-9 and close his evidence. On the other hand, the Ops have tendered affidavit as Annexure R-X and Annexure R-Y and close their evidence.

 4.              We have heard learned counsels for the both the parties and carefully gone through the case file. The counsel for the Ops has firstly argued that the present complaint is hopelessly time barred. So,  this Forum is duty bound to decide the above said  objection before going on the merit. Now, we are deciding the above said objection firstly. It is not disputed that Ops being a head of the Employees Provident Fund Organization are liable to pay the provident fund of the employees including the complainant. In the present case, OP had deposited the following amount in the account of the complainant as under:-

Sr.No.	Amount paid	Cheque No.	Dated	Amount Debited to this office account on
1	27129/-	513538	19.07.2004	10.08.2004
2	593/-	536235	22.12.2004	17.01.2005
3	5724/-	312016	19.07.2004	13.08.2004

 

The main grievance of the complainant is that amount of Rs. 5,724/- as serial no.3 has not been credit in the EPF account of the complainant. When the complainant came to know the amount Rs. 5,724/- has not been credit  in his EPF account. He requested to the OP to release the above said amount, upon this OPs informed the complainant that they have sent a cheque no.132016 dated 23.04.2004 amount Rs. 5,724/-  and same has been debited from their account and amount has been sent in the name of the complainant  through  their banker Central Bank of India, Chandigarh. The version of the complainant that the above said amount was never received and had never been deposited in his account. Complainant further stated that the Ops might have sent the cheque to any other person inadvertently or by mistake. Ultimately, the complainant served a legal notice to OPs for payment of the above said amount on dated 17.08.2005 vide Annexure C-7 and Ops had replied that the said cheque encashed at Digwa Dubali(Gopalganj) Bihar.  Counsel for the Ops argued that the when the complainant knows the above said facts in year 2005 but the complainant filed this present complaint in the year 2017 after  period of 12 years which is  time barred.

On the other hand, the counsel for the complainant argued that  it is continued cause of action till the amount not remitted back in account of the complainant & the Ops have wrongly sent the cheque at Digwa Dubali(Gopalganj) Bihar which was encashed by Sh. Vikrant being a customer of the Central Bank of India Digwa, as per replied given by Ops in response of the notice 17.08.2015.

5.                Perusal of the reply sent by the bank to the complainant as Annexure C-6, they have clearly mentioned that the cheque was encashed by Vikrant customer of the branch of Central Bank of India, Digwa Dubali (Gopalganj) Bihar but the complainant remained kept mum since 2005 till 20.02.2017. The complainant failed to make any efforts for reimbursement of the above said amount since the date till the filing of the complaint. Whenever the above said facts very much in knowledge of the complainant since 2005 how can he file this complaint after period of 12 year. As per Section 24(a) says that

“Limitation period-(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arise”.

 

6.                In view of the above Section it is clear that the cause of action arose in this case is of the year 2005 but the present complaint has not been filed within two years from the date of cause of action. Accordingly, the present complaint is liable to be dismissed on the ground of limitation and same is hereby dismissed with no order as to costs. However, the complainant is at liberty to approach to the appropriate authority for realization of the above said amount because cheque in question has been wrongly encashed by Mr. Vikrant which was paid by the branch of Central Bank of India situated at Digwa Dubali(Gopalganj) Bihar. Copy of this order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 25.04.2018

                    

 (PUSHPENDER KUMAR)       (ANAMIKA  GUPTA)          (D.N. ARORA)

Member                          Member                                 President

 

 

                   

Present: