Karnataka

StateCommission

A/504/2018

The Regional Provident Fund Commissioner - Complainant(s)

Versus

Kallappa - Opp.Party(s)

Nanditha Haldipur

03 Nov 2023

ORDER

                                                                     Date of Filing : 02.04.2018

  Date of Disposal :03.11.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED: 03.11.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL No.504/2018

 

The Regional Provident Fund Commissioner

Employees Provident Fund Regional Office

Sy.No.97

Beside Remand Home

Aland Road

Gulbarga                                                                          Appellant

(By Mrs.Nandita Haldipur, Advocate)

 

                 - Versus -

1. Sri Kallappa

    S/o Sri Annappa Dudagi

    Aged about 72 years

    R/at House No.LIG 109

    Jal Nagar, Vijayapur.

    Bijapur District

 

2. The Principal

    Al-Ameen Medical College

    Athani Road

    Bijapur                                                                        Respondents                                                   

    (By Mr Iqbal Patel, Advocate)

 

: ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP1, aggrieved by the Order dated 31.10.2017 passed in Consumer Complaint No.43/2015 on the file of District Consumer Disputes Redressal Forum, Vijayapur (hereinafter referred to as the District Forum).

2.       Heard the arguments of the learned Counsel for Appellant. Observed from the records that inspite of due service of Notice for appearance from this Commission, none appeared for Respondents, hence the arguments of the Respondents is taken as heard.

3.       Perused the impugned Order and grounds of Appeal.

4.       The District Forum after enquiring into the matter, held that delay has been caused by the OPs in settling the amount to the Complainant after gap of long period hence, OP1 is directed to pay Rs.5,000/- towards mental agony and Rs.2,000/- towards litigation costs and Dismissed the Claim against OP2.

5.       Perusal of the records reveals that it is an admitted fact that complainant after taking Voluntary Retirement from the Indian Army, joined the Al-Ameen Medical College, Vijayapur/OP2 on 15.09.1992 on Contract basis with salary of Rs.1,000/- p.m and he was the member of OP1. On 07.06.2007, OP2 terminated the services of the Complainant where after the Complainant commenced litigating the matter before the Hon’ble Labour Court and thereafter, before the Hon’ble High Court of Karnataka, which is still pending for consideration. The allegation of the Complainant is that, OP2 has wilfully avoided to remit the Employer’s contribution of EPF under the EPF Act 1952 and Employee contribution from his salary. On 06.06.2014, the Complainant had submitted his claim in Application Form No.19 and Form No.10-C for release of his entitled EPF amounts along with interest.  The stand taken by OP1 is that he had released and settled a sum of Rs.1,08,011/- vide Cheque No.558766 dated 21.08.2015 for credit to the SB A/c No.08552200019572 of the Complainant and further interest was also credited for the period from 2003-04 till 2007-08, after correspondences made with OP2 by getting details and contribution for the period 1992-93 to 2003-04 vide letters dated 08.09.2014 & 22.01.2015. OP2/Al-Ameen Medical College had taken a stand that after Termination of the services of the Complainant from his service, he had filed a case before the Hon’ble Labour Court, Vijayanagar on the ground that OP2’s Termination of his service is illegal and same stands Dismissed.  Thereafter, despite OP2 requesting the Complainant to furnish the requisite documents for settlement of his entitled retirement benefits he did not respond, under the pretext of himself getting Reinstatement Order from Hon’ble High Court, waiting for results for continuing his actual service.  However, after receipt of letter of OP1, requisite documents and remitted the Employer’s share of Rs.26,713/-, Employee share of Rs.8,170/- and Employer’s share towards Pension of Rs.18,543/-. 

 

6.       Thus to sum up briefly, the perusal of records reveals that, on 06.06.2014, the Complainant had submitted his Application in Form No.19 and Form No.10-C for release of EPF amounts along with interest to OP1. After receipt of claim from Complainant, OP1 has corresponded with OP2/Employer, where after EPFO has received the employer’s and employee’s contribution for the period 1992-93 to 2003-04, accordingly, released and credited a sum of Rs.1,08,011/- vide cheque No.558766 dated 21.08.2015 and also interest for the period from 2003-04 till 2007-08 to the account of complainant.  All these have been done only after the complainant has escalated his grievance by filing a complaint on 01.07.2015 before the District Forum. The act of OPs in not settling the Provident Fund amount in time to the Complainant definitely amounts to deficiency in service.  In the circumstances, the Impugned Order requires to be interfered with that liability also to be fixed on OP2.  Accordingly, Appeal is allowed in part.  Consequently, the Impugned Order dated 31.10.2017 passed in Consumer Complaint No.43/2015 on the file of District Consumer Disputes Redressal Forum, Vijayapur is hereby modified, directing OPs 1 & 2 to pay  Rs.5,000/- towards mental agony and Rs.2,000/- towards litigation costs to the complainant within 60 days from the date of the Order.

7.       The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for further needful.

8.       Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.

 

Lady Member                  Judicial Member                         President

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