IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /63/2015.
Date of Filing: 29.05.2015. Date of Final Order: 02.03.2016.
Complainant: Tarun Kumar Kundu, S/O Late Surya Kr. Kundu, 8/82/B, A.C. Road, P.O. Khagra,
P.S. Berhampore, Dist. Murshidabad.
-Vs-
Opposite Party: 1. Head Master, Goalpara Tarun Sangha Junior High School, P.O. Khagra,
P.S. Berhampore Town, Dist. Murshidabad. Pin 742103.
2. District Inspector School (S.E), Siksha Bhavan, Berhampore, Dist. Murshidabad.
P.O.&P.S. Berhampore, Dist. Murshidabad, Pin 742101.
3. Manager, UBI, Khagra Branch, P.O.&P.S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
This complaint has been filed by the complainant u/s 12 of the C. P. Act, 1986 praying for a direction upon the Ops to pay Rs.6,13,564/- towards provident fund amount on retirement to the complainant along with compensation of Rs.50,000/- and cost of Rs.10,000/-.
The complaint’s case, in brief, is that the complainant is a retired Asstt. Teacher and after retirement his provident fund sum of Rs.6, 13,564/- has been determined and payable to him. The Government of West Bengal has issued a cheque drawn by Berhampore Treasury was received by OP No.2 /A.I. of Schools, Sadar-Sub-division, Siksha Bhavan, Berhampore . Thereafter, OP No.1 received the said cheque and deposited to S.B. Account No. 3213 lying with OP No.3/ U.B.I. Khagra Branch standing in the name of the complainant. The OP No.1 was fully aware that the said account has been non-performing account as no transaction was made through the said account and for that the said cheque could not be encashed. OP No.1 willfully and negligently caused the said cheque uncashed. He served advocate’s notice requesting the OP No.1 for payment of the said amount to the complainant but no result. Hence, this instant case.
This case is taken up for hearing ex parte against all the Ops.
The complaint’s case is that after retirement as an Asstt. Teacher of Goalpara Tarun Sangha Junior High School, he got a cheque amounting to Rs.6, 13,564/- towards his provident fund was issued by Berhampore Treasury and the same was received by OP No.1 but the OP No.1 willfully and knowing fully aware deposited the s aid cheque in the Account No. 3213 which was a NPA and no transaction was made through the account and for that the cheque could not be encashed.
To prove the case the complaint has adduced evidence in the form of affidavit-in-chief and other relevant documents in support of his case. But he has not filed the statement of his bank account to show that the cheque has not been encashed.
Rather during hearing of argument Ld. Lawyer for the complaint submits that the cheque has been subsequently encashed and he is now claiming for compensation.
This being an educational Institution and the matter being solved, we are of the view that the complainant is not entitled to get any relief .
As such the claim be dismissed being the disputed Provident Fund Cheque amount has been encahsed and received by the complainant as per submission of the Ld. Lawyer for the complainant.
Hence,
Ordered
that the Consumer Complaint No. 63/2015 be and the same is disposed of as the grievance of the complainant has been settled.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.