Date of Filing: 15.07.2008<br /> Date of Order:29.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 29TH DAY OF AUGUST 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1578 OF 2008<br /> <br /> M. Mazhar Khaleel Khan <br /> No. 76, GF, 9th Main<br /> 1st Stage, BTM Layout<br /> Bangalore 560 029 Complainant<br /> <br /> V/S<br /> <br /> HR-One Management Consultants Ltd.<br /> 106/32, 12th Cross, 10th Main<br /> Malleswaram, Bangalore 560 003 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant for a direction to opposite party to pay him Annual Component Rs. 24,000/-.<br /> The facts of the case are that he got job from the opposite party on 25.08.2006 as Assistant Manager – Business Development. He had been offered compensation of Rs. 2,40,000/- p.a. He has entitled to an Annual Component of Rs. 24,000/- subject to his successful completion of one year service. He worked in the opposite party company till 16.11.2007 and resigned from there. He served notice period also as discussed during the time of joining. The complaint was even promoted to Business Manager. On successful completion of 1 year 2 months tenure he asked for Annual Component. The management said they would review it from the Accounts Department and pay the same. There were several correspondences. Payment gets delayed. Therefore, the complainant requested to help him and requested for issue direction to the opposite party for payment of Annual Component with interest and costs. The complainant also requested for payment of PF amount which is close to Rs. 4,000/- to Rs. 5,000/-. <br /> 2. Notice was issued to opposite party. Notice was served. The representative of opposite party by name Henry Gabriel Christopher was present. A written version filed stating that complainant indeed joined opposite party organization as Assistant Business Manager on 25.09.2006. It is also admitted that complainant completed his probationary period of 6 months in February 2007. He took 10 months time in understanding and delivering appreciable business. The complainant never earned any incentive for outstanding achievement done in his 14 months of service. The complainant was relieved from services on 16.11.2007. There was no contribution by the complainant for developing any new business. There is no justification in Mr. Mazhar claiming any amount as duly kept pending for payment to him.<br /> 3. Arguments are heard. Perused the documents.<br /> 4. It is the admitted case of the parties that the complainant being a MBA graduate came to Bangalore in search of job and he got appointment with the opposite party. He joined the opposite party organization as an Assistant Manager – Business Development with effect from 25.09.2006. The opposite party produced letter of appointment. As per the letter of appointment the emoluments was Rs. 18,000/- p.m. and Rs. 24,000/- is total annual package component and in the letter of appointment specifically mentioned that annual component is payable upon successful completion of one year of service. It is admitted case of both the parties that the complainant served with the opposite party organization till November 2007. That means he had completed and served 1 year 2 months with the opposite party organization. It is also the case of the complainant that he was also promoted as Business Manager and he has produced a letter of B. Vasanth Kumar Shetty, Director of opposite party organization dated 30.06.2007. This letter clearly goes to show that complainant has promoted as Business Manager and it is mentioned that an increment of Rs. 48,000/- p.a. will be given with effect from 01.07.2007. In this letter also Annual Component of Rs. 24,000/- is shown. Further, this letter says that he has been promoted in recognition of the contribution to the organization. The complainant has also produced another letter of Mr. Vasanth Kumar Shetty of opposite party dated 25.06.2007. It is stated as under:<br /> “In recognition of your contribution to the successful completion of the Sona Commercial Project, we are pleased to place on record our token of appreciation for the commendable job done. Congratulations! Your effort is well appreciated and we wish you the very best for success in more such achievements.<br /> Best Regards,<br /> Sd/-<br /> Vasanth Kumar Shetty<br /> Director<br /> HR-One Management Consultants Ltd.”<br /> <br /> <br /> 5. The complainant has produced another letter dated 16.11.2007 of opposite party. It is called Service Letter. In this letter it is stated that complainant has joined opposite party organization in September 2006. Through his ability and hard work he was promoted as Business Manager in a short-span of 9 months in July 2007. It is also stated that “During his tenure with us, we found him to be dedicated, hardworking and extremely skillful to his area of function. He also is good-natured and bears good conduct. He was indeed an asset to this organization.” By the written version of the opposite party it is clear that they have not paid Annual Component of Rs. 24,000/- to the complainant as agreed under the letter of appointment. It is the duty and obligation and commitment of the opposite party to pay Annual Component. In the defence version it is stated that the complainant also completed his probationary period of 6 months. It is the case of the opposite party as stated in the written version that the complainant has not done outstanding achievement and he has never earned any incentive and he made the company to lose business to the extent of Rs. 35,000/- at Bangalore and there is no contribution made by the complainant to the organization. The contention taken in the defence version by the opposite party runs contrary to the earlier letters given to the complainant. The opposite party organization itself had given in writing and placed on record appreciation for the commendable job done by the complainant and he had been congratulated and his effort was well appreciated. In the service letter written to the complainant by the opposite party dated 16.11.2007 it is stated that the complainant was found to be dedicated, hardworking and extremely skillful and he was asset to the organization. So with this fact and situation of the case how can now after filing the complaint the opposite party can take objections that the complainant had not done appreciable business. The opposite party has taken defence only to avoid the payment of Annual Component as agreed in the letter of appointment. This type of trend or defence on the part of the opposite party is not fair and proper. The opposite party could have immediately settled the claim which was due to the complainant after relieving from service. The complainant had made several correspondences, as he could not get the required result he was forced to approach the forum for getting justice. On the facts and circumstances of the case the complainant is entitled for the payment of Rs. 24,000/- the Annual Package Component from the opposite party. Consumer Protection Act is a social and benevolent legislation. It is intended to protect better interests of the consumers. The complainant in this case is definitely entitled to the relief asked for. In respect of payment of PF the opposite party representative submitted that the opposite party organization will pay the PF amount to the complainant on submission of necessary application and forms. Therefore, the complainant shall have to give the required forms for getting PF. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to pay Rs. 24,000/- Annual Package Component to the complainant within 30 days from the date of this order. In the event of non-compliance of the order within 30 days the above amount carries interest at 12% p.a. from the date of this order till payment.<br /> 7. The complainant is also entitled for Rs. 1,000/- towards costs of the present proceedings from the opposite party.<br /> 8. The opposite party is directed to send the amount directly to the complainant through cheque/ D.D. with intimation to this forum.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 29TH DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />