NCDRC

NCDRC

RP/1571/2014

SHAM LAL JINDAL - Complainant(s)

Versus

FCI DEPPT. & 3 ORS. - Opp.Party(s)

MR. ANUPAM GUPTA

25 May 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1571 OF 2014
 
(Against the Order dated 03/09/2013 in Appeal No. 926/2009 of the State Commission Punjab)
1. SHAM LAL JINDAL
S/O SH.RAM PRAKASH R.O SANT RAM ADVOCATE STREET,
MANSA- 151505
PUNJAB
...........Petitioner(s)
Versus 
1. FCI DEPPT. & 3 ORS.
THROUGH ITS MANAGING DIRECTOR, FOOD CORPORATION OF INDIA, FCI HEAD QUATERS , 16-20 BARA KHAMABA LANE,
NEW DELHI - 110 001
2. EXECUTIVE DIRECTOR (NZ) ZONAL OFFICE(NORTH) FOOD CORPORATION OF INDIA
A-2B,
NOIDA -201301
U.P.
3. GENERAL MANAGER, FOOD CORPORATION OF INDIA,
28-B JDA, COMMERCIAL COMPLEX, R.H
JAMMU
J& K
4. AREA MANAGER, FOOD CORPORATION OF INDIA
17C/D GANDHI NAGAR, DISTRICT OFFICE
JAMMU
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr. Anupam Gupta, Advocate
For the Respondent :
Mr. Rajiv Sharma, Advocate

Dated : 25 May 2016
ORDER

  ORDER

1.      This revision is directed against the order of the State Commission, Punjab dated 03.09.2013 in First Appeal No.926 of 2009, whereby the State Commission partly accepted the appeal preferred by the Respondents/Opposite parties against the order of the District Forum and reduced the interest payable on the delayed payment of the provident fund to the deceased-complainant.

2.     The learned counsel for the petitioner has raised only one grievance against the impugned order inasmuch as regarding the deduction of a sum of Rs.1,280/- as service charge by the concerned State Bank of India while making the payment against the bank draft of Rs.6,40,000/- issued by the opposite parties in respect of the provident fund payable to the deceased-complainant.

3.     On perusal of the record, we find that both the Fora below have returned concurrent findings that the opposite party had issued a bank draft of right amount payable to the deceased-complainant and if at all while making the payment against the bank draft, the bank has deducted the collection charges, then opposite parties cannot be held deficient in service. The relevant observations of the State Commission are in Para 10 of the impugned order, which is reproduced as under;

10.  It is the case of the complainant pleaded in the complaint itself that when the initial payment was made of the CPF by means of the brank draft, a sum of Rs.1,280/- was deducted by the bank as bank charges. Therefore, the grievance regarding that amount is against the bank itself and the complainant for the refund of that amount was not maintainable against the opposite parties.”

4.     We do not find any fault that the approach adopted by the State Commission which may call for interference of the revisional jurisdiction of this Commission.

5.     No other argument has been advanced against the impugned order. Therefore, in view of the discussions above, we do not find any merits in the revision petition and it is accordingly dismissed.

 

     

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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