Karnataka

StateCommission

A/1148/2018

The Regional Provident Fund Commissioner - Complainant(s)

Versus

Channappa - Opp.Party(s)

Nanditha Haldipur

02 Jun 2023

ORDER

                                                                 Date of Filing : 30.07.2018

  Date of Disposal :02.06.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:02.06.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.1148/2018

 

 

The Regional Provident Fund Commissioner

Employees Provident Fund Organisation

Regional Office

No.17, Near Remand Home

Opp. to Vijayanagar Colony

Aland Road

Gulbarga
(By Mrs Nandita Haldipur, Advocate)                                           Appellant

 

                 -Versus-

1. Sri. Channappa

    S/o Sri Siddaramappa Solapur

    Aged about 42 years

    Ex-Employee of BDC Co-op Union Ltd.,

    R/at Ukumanal Taluk

    Bijapur District

   

2. The Bijapur District Co-Operative

    Union Ltd.,

    Bijapur

    Rep. by the President

    Opp. Central Bus Stand

    Bijapur                                                                       Respondent

                                                               

   : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP2 aggrieved by the Order dated 23.01.2018 passed in Consumer Complaint No.08/2014 on the file of District Consumer Disputes Redressal Forum, Vijayapura (for short, the District Forum).

 

2.       The Commission heard the Arguments of the Learned Counsel for the Appellant.  Inspite of service of notice on Respondents No.1 and 2, none appeared, hence their arguments are taken as heard.

3.       The District Forum after enquiring into the matter, directed the OP2 to pay a sum of Rs.20,272/- with interest at the rate of 8% p.a from the date of compliant and also to pay Rs.5,000/- towards mental agony & for delay in payment and Rs.3,000/- towards litigation cost.  Further District Forum dismissed the Complaint as against OP1/Bijapur District Co-Operative Union Ltd., Bijapur.

 

4.       Being aggrieved by this Order, OP2/the Employees Provident Fund Organisation, Gulbarga is in Appeal interalia contending amongst other grounds that an amount of Rs.1,43,311/- was recovered from OP1 in respect of two employees, but the District Forum erroneously directed the Appellant to pay Rs.20,272/- with cost & compensation, which is not due and payable to the Complainant/Respondent No.1 herein.  Further contended that a cheque bearing No.84495 dated 08.01.2014 for Rs.79,728/- was issued to the complainant and no amount is due to be payable to him.  Thus Appellant seeks to set aside the impugned order by dismissing the complaint.

 

5.       Perused the impugned order and grounds of Appeal.  It appears that OP1 is the Bijapur District Co-Operative Union Ltd., Bijapur and OP2 is the Employees Provident Fund Organisation. Gulbarga.  The complainant was initially appointed as Driver on daily wages with OP1 on 21.01.1999; thereafter he served as Peon in OP1 office and subsequently, he was dismissed from the service.  On dismissal from service by OP1 on 18.12.2007 Complainant approached the Assistant Registrar of Co-Operative Societies under JRL/B/DAM/2098/2008-09 for re-instatement to his service.   After enquiring into the matter, the ARCS set aside the order of termination and directed OP1 to pay all the benefits to him.  OP1 being not satisfied with this Order, preferred an Appeal before Karnataka Appellate Tribunal in Appeal No.253/2012(S.Co-oP), wherein, the matter came to be settled by way of Compromise Petition filed by the parties and OP1 agreed to pay Rs.1,00,000/- in lieu of re-instatement and the monitory benefits of provident fund etc.,  Since OP1 did not complied with the order of the KAT, the complainant lodged a complaint before the District Forum, Bijapur in Complaint No.130/2008.  The District Forum after enquiring into the matter, dismissed the complaint as premature with a specific direction to approach the necessary Forum.

 

6.       When the matter stood thus, Complainant approached OP2 the Employees Provident Fund Organisation, Gulbarga and after hearing the parties, on 22.11.2010 OP2 directed the OP1 to deposit the PF dues.  Accordingly, OP1/Bijapur District Co-Operative Union Ltd., Bijapur sent all the particulars of complainant to OP2 and when OP2 has not settled the pension amount, complainant lodged the present complaint seeking direction to the OPs settle his claim of PF amount with interest at the rate of 18% per annum, with cost of Rs.3,000/- and compensation of Rs.30,000/- for illegal denial of his entitled PF benefits.

 

7.       It is observed that as per Compromise Petition filed before KAT, OP1 had taken a stand that he paid a sum of Rs.1,00,000/- as full and final settlement to the complainant and with a condition that in lieu of re-employment or any further claim whatsoever. While, the contention taken by OP2 that after receipt of the claim application in form No.19 and 10C on 08.01.2014 they had credited the provident fund amount of Rs.79,728 to the SB account of Complainant. 

 

8.       This Commission observes that the dispute between the parties is only in respect of compromise arrived before Karnataka Appellate Tribunal.  Since the subject matter involved in the present case between the parties is relating to the complainant’s employment with OP1 and obviously the complainant has to approach for its redressal before the authority concerned since the complainant is not a consumer as defined under CP Act 2019.

 

In view of foregoing observations, impugned order passed by the District Forum requires to be interfered with an observation that such matter cannot be entertained by it. Accordingly, Appeal stands disposed of and consequently, complaint is dismissed with no order as to costs.

 

The Statutory Deposit in this Appeal is directed to be refunded to the Appellant on proper identification by his Advocate.

 

Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

 

                                                                      President

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