Orissa

Rayagada

CC/80/2017

Sri Angad Naik - Complainant(s)

Versus

H.R. Assistant Manager, Conduti World Wide Trading Pvt., ltd., - Opp.Party(s)

Self

22 Dec 2018

ORDER

       DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 80/ 2017.                                   Date.     20   .     12  . 2018

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President.

Sri  GadadharaSahu,                                             Member.

Smt. Padmalaya  Mishra,                                     Member.

 

Sri  Angad Naik, S/O: Sri Urkudiu Naik,  Village: Anajar, Po: Nakatiguda, PS:Tikiri, Dist: Rayagada(Odisha).

                                                                                                                                …Complainants.

Versus.

1.The H.R.,Assistant Manager,

2.The General Manager,

3. Managing Director,

All  the O.Ps addresses are same  Conduit Worldwide Trading (India) Pvt. Ltd., No.40, Woodpeker building, 7^th.  Avenue, Basant Nagar,  Chennai- 600090(India).                                               … Opposite parties.

Counsel for the parties:                         

For the complainant: - Sri P.K.Dash, Advocate, Rayagada.

For the O.Ps :- Set Exparte.                                                                                                           

JUDGEMENT

The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps    for  non payment of  Bonus interalia pending leave allowance which is applicable to the complainant on successful completion of project for which  the complainant  sought for redressal of the grievances raised by the complainant.

On being noticed  the O.Ps  appeared and took adjournments.  Thereafter neither entering in to appear before the forum nor filed their  written version inspite of more than  10 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 1 1/2 year    for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. was  set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.  We perused the complaint petition and the documents filed by the complainant.

         FINDINGS.

                The complainant has been heard at length & perused the records.

                Undisputedly  the O.Ps.  have issued appointed letter in favour of the complainant  and appointed  as Operation Executive (Go down)  for his Project work  on Dt. 15.6.2013 and the complainant was joined as Operation Executive (Go down ) in the said project with effect from 16.6.2013 (copies of the appointment order is in the file which is marked as Annexure-I ).   Further as per  the terms and conditions of the said appointment, during the tenure  of service the O.P. was  agreed  to pay Rs. 19,992/- per year   towards bonus (copies of the  of the salary slip is in the file  which is marked as Annexure-2).The complainants have successfully completed  his tenure  and the O.P. had issued  Service certificate  in favour of the complainant that the complainant was working  as Assistant Operation Manager  for the period from 16.6.2013 to 30.4.2017(copies of the same are in the file which is marked as Annexure-3) .  The complainant had sent E-Mail on Date.15^th. May,2017 and Dt. 23th. May, 2017 to the O.P. for release of  entitled   bonus  and  leave allowance(copies of the E-Mail is in the file which is marked as Annexure-4 & 5).         but the O.P. failed to furnish reply to the said E-Mails. Hence it appears that the O.P. has been negligent and callous regarding the complaint of the complainant. So the complainant filed this C.C. case before the forum.

            During the course of  exparte  hearing  the learned counsel for the complainant  submitted   all the documents and   prays the forum direct the O.P  to pay the  bonus and leave allowance  to  the  complainant.

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps in not paying    bonus and leave allowance   in due date  as per the  provisions laid down under section 14 of the  C.P. Act.

            It is settled principle of law that statutory authority should act under the provision of the statute and if they do not act accordingly consumer for a have the jurisdiction because not acting  under the provision, act amounts to negligence in duty/deficiency of service.

 

            Hence to meet the ends of justice, the following order is passed.

ORDER.

In resultant   the complaint petition stands allowed  in  part  on  exparte against  the O.P..

The O.Ps   are   ordered  to  pay the bonus and leave allowance  amount inter alia to pay Rs.2,000/-  towards  cost of litigation  to the complainant.

 

            The O.Ps.    are  ordered to make compliance the aforesaid Order within  45 days from the  date of  receipt  of the  order  failing which  an interest  @ Rs.5%  would  accrue on the above  amount . from  the date of  default till  realization.  Serve the copies  of  the order to the  parties.

Dictated and corrected by me.  Pronounced on this         20^th.   Day of  December,   2018.

 

 Member.                                                            Member.                                      President