Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                               President

                    (2)      Smt. Karishma Mandal,

                              Member

Date of Order : 30.05.2018

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to pay Rs. 90,000/- along with 37% interest from the date of filing of this complaint till its payment.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that he was employee of Bihar State Food and Civil Supplies Corporation and posted under opposite party no. 1 he has further asserted that from 1983-84 to 1988/89 there was deduction from salary but it was not deposited in his provident fund account by the competent authorities. It has been further asserted that from March 1994 to 1997-98 the amount deducted from salary of complainant by opposite party no. 1 was not sent to the office of opposite party no. 2 and 3 for further action. The complainant then made representation in the office of opposite party no. 3 on 11.02.1999. Thereafter opposite party no. 1 transmitted the deduction amount of March 1994 to 1996 were sent to office of opposite party no. 2 and 3 on 23.03.1999. The complainant again made complaint to competent authorities then opposite party no. 2 disbursed the amount of provident fund on 07.02.2000 without any statutory interest.It is further case f the complainant that on 26.03.2001 the opposite party no. 2 deposited the amount from September 1996 to 7 April 1997 after several letters but without any interest. Again the deductions from March 1994 to April 1994 were not deposited in the account of the complainant in time causing loss of Rs. 41,353/-. The complainant has further asserted that the aforementioned conduct of the opposite parties has resulted in mental torture and financial loss.

On behalf of opposite party no. 1 a written statement has been filed stating therein that the complainant was employee of Bihar State Food and Civil Supplies corporation and was posted in the office of opposite party no. 1. Thereafter his service has been transferred from SFC to another department i.e. Consumer Forum and was posted at Begusarai in the District Consumer Forum. The SFC has already paid everything to the complainant for his service period and nothing is due from opposite party no. 1.

It has been further stated and submitted that under the provision the contribution with regard to the provident fund investment of the complainant was sent to the board of trusty and the complainant’s claim has been settled as per provision of the act and he has received the provident fund amount.

On behalf of opposite party no. 3 a written statement to have been filed. In Para – 6 of which following facts have been asserted, “that with regard to statement made in complaint petition it is stated and submitted that the board of trustee for the administration of the provident fund has been established in the Bihar State Food and Civil Supplies Corporation and its employees are in enjoyment of benefits of the provident fund. Exemption has been granted under the provisions of the employees provident fund and Miscellaneous provisions Act, 1952 to the establishment M/s Bihar State Food and Civil Supplies Corporation. Therefore, the question of depositing the provident fund contribution in respect of the complainant in the office of the opposite party no. 3 does not arise. It is also stated and submitted that the allegation correspondences made by the complainant in the office of the opposite party no. 3 carries no meaning and insignificant as stated above.”

A counter affidavit has been filed on behalf of opposite party no. 2 and 2A stating therein that provident Fund contribution in respect of Devendra Prasad Singh i.e. complainant during his service comes to Rs. 42,245/- and according to provision the payment of provident fund is made to the complainant along with interest amounting to Rs. 58,040/- ( provident fund contribution Rs. 42,245/- and interest Rs. 15,795/-) in annexure – A the detail of payment has been mentioned.

It appears that after hearing the parties this forum vide order dated 31.12.2014 has directed the opposite parties to pay Rs. 10,410/- to the complainant within a period of two months.

It appears that against the aforesaid order the opposite party filed appeal bearing no. 105 of 2005 in Hon’ble State Consumer Dispute Redressal Commission, Patna. The Hon’ble Commission after hearing the parties remitted back to this forum to decide this complaint fresh according to law.

It has been admitted by opposite party no. 1 that due to paucity of fund the contribution of the complainant and other employee could not be deposited in time.

Apart from it, it appears from the record that the complainant was not disbursed the amount of the provident fund in time rather it was after much delay.

It has been further submitted that complainant is not a consumer as his amount has been settled much earlier.

It goes without saying that unless the total amount of the complainant has not been settled in time and certain amount remain due as such the complainant has right to file complaint case in District Consumer Forum because he continued to be consumer under the Consumer Protection Act.

So far limitation is concerned, as stated above the amount of the complainant remain due and hence no question of limitation arise and cause of action still persist.

Apart from it the complainant has right to realize interest from the amount belonging to period 94 to 97. This forum has dealt with subject in detail on 31.12.2014 and no purpose will be served in repeating the same fact again and again. No new fact have been agitated before us. We also noticed that complainant has received Rs. 15,795/- with interest but Rs. 41,345/- is due by way of interest. We have also noticed that the deduction done during 89 – 90to 2000 – 01 and the detail of amount has been given from careful perusal of which it appear that complainant has been put to loss of Rs. 21,205/- and thus complainant is entitled to Rs. 5,410/-.

In our opinion the complainant is entitled to receive Rs. 5,410/- by way of interest and uptill now the complainant has not been paid hence he is entitled to receive Rs. 6,000/- by way of compensation and litigation costs.

We direct the opposite party no. 1 to pay Rs. 11,410/- ( Rs. Eleven Thousand Four Hundred Ten only ) to the complainant by way of compensation and litigation costs within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 1 will pay 10% on the above said amount of Rs. 11,410/- ( Rs. Eleven Thousand Four Hundred Ten only ) till its final payment.

Accordingly this complaint stands allowed to the extent referred above.

                                    Member(F)                                                                                   President