GENERAL SECRETARY,CONSUMER PROTECTTION COUNCIL OF KERALA V/S COMMISSIONER,CENTRAL PROVIDENT FUND - Consumer Court Case

Kerala

StateCommission

A/10/381

COMMISSIONER,CENTRAL PROVIDENT FUND - Complainant(s)

Versus

GENERAL SECRETARY,CONSUMER PROTECTTION COUNCIL OF KERALA - Opp.Party(s)

K.RAMACHANDRAN NAIR

28 Sep 2010

ORDER

First Appeal No. A/10/381

(Arisen out of Order Dated 31/03/2010 in Case No. ccn25/2007 of District Thiruvananthapuram)

1. COMMISSIONER,CENTRAL PROVIDENT FUNDHEAD QUARTERS ,BHAVISHYA NIDHI BHAVAN,CARNA PLACENEW DELHIDELHI2. THE REGIONAL PROVIDENT FUND COMMISSIONER PATTOMTRIVANDRUMKERALA		...........Appellant(s)
Versus
1. GENERAL SECRETARY,CONSUMER PROTECTTION COUNCIL OF KERALANO.153,AKG NAGAR,PEROORKADATRIVANDRUMKERALA2. THE DIVISIONAL MANGERJEEVAN VIHAR BUIDING,SANSAD MARG NEW DELHIDELHI3. SECRETARY EMPLOYEES PROVIDENT FUND PENSIONERS ASSOCIATIONSAROJA BHAVAN,DEVASOM LANE ,KESAVADASAPURAM,PATTOM PALACETRIVANDRUMKERALA	...........Respondent(s)

BEFORE :

HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT

PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NOS.381/10, 382/10, 383/10 & 384/10

COMMON JUDGMENT DATED:28-09-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR : MEMBER

APPEAL NO:381/2010

The Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

Head Quarters Bhavishya Nidhi Bhavan,

14, Bhikaji Carna Place, New Delhi.

: APPELLANTS

The Regional Provident Fund Commissioner,

Pattom, Thiruvananthapuram-695 004.

(By Adv:Sri.K.Ramachndran Nair)

Vs.

1. Consumer Protection Council of Kerala,

(Reg.No. T-198/1985)-R/by its

General Secretary,

Smt.Annie Jacob No.153, A.K.G.Nagar,

Perrorkada, TVPM.

2. Employees Provident Fund Pensioners-

Association, Kerala, : RESPONDENTS

(Reg.No.T.217/97)R/by its Secretary,

C.V.Gopinathan Nair, Saroja Bhavan,

Devaswom Lane, Kesavadasapuram,

Pattom Palace, TVPM.

3. Oriental Insurance Company Ltd.,

R/by its Senior Divisional Manager,

Divisional Office No., Jeevan Vihar Bldg.,

4^th Floor, Sansad Marg, New Delhi-110 001.

(By Adv:Sri.Narayan.R)

APPEAL NO:382/2010

1. The Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

Head Quarters Bhavishya Nidhi Bhavan,

14, Bhikaji Carna Place, New Delhi.

: APPELLANTS

2. The Regional Provident Fund Commissioner,

Pattom, Thiruvananthapuram-695 004.

(By Adv:Sri.K.Ramachndran Nair)

Vs.

1. Consumer Protection Council of Kerala,

(Reg.No. T-198/1985)-R/by its

General Secretary,

Smt.Annie Jacob No.153, A.K.G.Nagar,

Perrorkada, TVPM.

2. Employees Provident Fund Pensioners-

Association, Kerala, : RESPONDENTS

(Reg.No.T.217/97)R/by its Secretary,

C.V.Gopinathan Nair, Saroja Bhavan,

Devaswom Lane, Kesavadasapuram,

Pattom Palace, TVPM.

3. Oriental Insurance Company Ltd.,

R/by its Senior Divisional Manager,

Divisional Office No., Jeevan Vihar Bldg.,

4^th Floor, Sansad Marg, New Delhi-110 001.

(By Adv:Sri.Narayan.R)

APPEAL NO:383/2010

1. The Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

Head Quarters Bhavishya Nidhi Bhavan,

14, Bhikaji Carna Place, New Delhi.

: APPELLANTS

2. The Regional Provident Fund Commissioner,

Pattom, Thiruvananthapuram-695 004.

(By Adv:Sri.K.Ramachndran Nair)

Vs.

1. Consumer Protection Council of Kerala,

(Reg.No. T-198/1985)-R/by its

General Secretary,

Smt.Annie Jacob No.153, A.K.G.Nagar,

Perrorkada, TVPM.

2. Employees Provident Fund Pensioners-

Association, Kerala, : RESPONDENTS

(Reg.No.T.217/97)R/by its Secretary,

C.V.Gopinathan Nair, Saroja Bhavan,

Devaswom Lane, Kesavadasapuram,

Pattom Palace, TVPM.

3. Oriental Insurance Company Ltd.,

R/by its Senior Divisional Manager,

Divisional Office No., Jeevan Vihar Bldg.,

4^th Floor, Sansad Marg, New Delhi-110 001.

(By Adv:Sri.Narayan.R)

APPEAL NO:384/2010

1. The Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

Head Quarters Bhavishya Nidhi Bhavan,

14, Bhikaji Carna Place, New Delhi.

: APPELLANTS

2. The Regional Provident Fund Commissioner,

Pattom, Thiruvananthapuram-695 004.

(By Adv:Sri.K.Ramachndran Nair)

Vs.

1. P. Suseela,

Suprabhath, T.C.No.4/591,

S-1, Sreevilas Lane, Kowdiar.P.O,

Thiruvananthapuram.

2. G.K. Prabhatha Chandran Nair,

Suprabhath, T.C.No.4/591,

S-1, Sreevilas Lane, Kowdiar.P.O,

Thiruvananthapuram.

3. Oriental Insurance Company Ltd.,

R/by its Senior Divisional Manager,

Divisional Office No., Jeevan Vihar Bldg.,

4^th Floor, Sansad Marg, New Delhi-110 001.

(By Adv:Sri.Narayan.R)

COMMON JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellants in all the matters are the Provident Fund authorities. A.381/10 is filed over the order of CDRF, Thiruvananthapuram in CC.25/07. Appeal.382/10 is filed over the order in CC.184/06, Appeal.383/10 is filed over the order in CC.257/06 and A.384/10 is filed over the order in CC.108/07.

2. Appellant in CC.25/07(A.381/10) is under orders to pay cost of Rs.2500/-. The appellants/opposite parties 2 and 3 in CC.184/06 (A.382/10) are also under orders to pay compensation of Rs.2000/- and cost of Rs.2500/-. The appellants/opposite parties 2 and 3 in CC.257/06 (A.383/10) is under orders to pay Rs.2500/- as cost. The appellants/opposite parties 2 and 3 in CC.108/07 (A.384/10) is also under orders to pay cost of Rs.2500/- to the complainants.

3. The cases are with respect to the deficiency of service in honouring the medi claim facility operated through the 1^st opposite party/insurance company. The 1^st opposite party/3^rd respondent in all the matters have been directed to pay the claim amount. The 1^st opposite party/Insurance company was exparte in the proceedings before the Forum. The 2^nd and 3^rd opposite parties/appellants have been directed to pay compensation of Rs.2000/- each in CC.184/06 and cost of Rs.2500/-. We find that the lapse was on the part of the 1^st opposite party/Insurance company. The 1^st opposite party had been made liable to pay the amounts. The 1^st opposite party/Insurance company as already noted was exparte and has not filed any appeal.

In the circumstances the order directing the 2^nd and 3^rd opposite parties to pay costs of Rs.2500/- and compensation of Rs.2000/- also in CC.184/06 is set aside. Hence the appeals are allowed. On a perusal of the order of the Forum we find that no interference in the order of the Forum is called for with respect to the case of the complainants are concerned against the 1^st opposite party. The appeals are allowed as above.

The office will forward copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:PRESIDENT

VL.

S. CHANDRAMOHAN NAIR : MEMBER

PRONOUNCED :

Dated : 28 September 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT