Delhi

East Delhi

CC/49/2015

KUSUM - Complainant(s)

Versus

L.G FUN CINEMA - Opp.Party(s)

07 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 49/15

 

Smt. Kusum Lata

D/o Shri Rohitas Kunwar

R/o H.No. B-106, Gali No. 9

Kanti Nagar Ext., Delhi.                                              ….Complainant

 

Vs.    

 

1. TRIG Detective Pvt. Ltd.

Off.: A-383, Road No. 3

Mahipalpur Exttension

New Delhi – 110 037

 

2. Employees Provident Fund Organisation.

(Ministry of Labour & Employment, Govt. of India)

Regional Office: Plot No. 43

Sector – 44, Gurgaon,

Haryana – 122 002                                                          …Opponents

 

Date of Institution: 21.01.2015

Judgement Reserved on: 07.08.2018

Judgement Passed on: 10.08.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Smt. Kusum Lata against TRIG Detective Pvt. Ltd. (OP-1) and Employees Provident Fund Organisation (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

2.       The facts in brief are that the complainant was working with TRIG Detective Pvt. Ltd. (OP-1) as a guard since last 2 and a half year.  In the month of November, 2013, the complainant had fever and she informed the field officer for leave.  On 17.11.2013, she joined her duties and on the very next day, TRIG Detective Pvt. Ltd. (OP-1) asked for resignation.  On 19.11.2013, she was told that they have other guard on her place. 

          In the month of June, 2014, she visited at the office of OP-1 and asked for her provident fund.  She was again pressurized to give the resignation.  She had no choice and after giving resignation, she was assured that she will receive the provident fund within 15 days.       

          On enquiry, she came to know that respondent did not apply for complainant’s provident fund.  She took provident fund form alongwith necessary documents from respondent and visited the provident fund office where she was told that the form was incomplete.  The complainant again visited the office of respondent where one          Shri Raj Kumar misbehaved with her and clearly refused to complete the form. 

          A legal notice dated 18.10.2014 was also served which was neither replied nor complied.  Hence, she has prayed for release of provident fund amount with 18% interest; compensation of              Rs. 80,000/- towards harassment, mental agony and pain and         Rs. 25,000/- towards cost of litigation.    

3.       Notice was issued to OPs, however, they did not put the appearance inspite of notice.  Hence, they have been proceeded ex-parte. 

4.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. 

5.       We have heard the Ld. Counsel for complainant and have perused the material placed on record. From perusal of the evidence placed on record, it is noticed that complainant have simply deposed on affidavit without filing any document to support her case.  No application form / membership form and the amount deducted towards provident fund have been placed on record. 

In the absence of any documentary evidence to substantiate her claim, no deficiency can be attributed on the part of OP.  When there was no deficiency on the part of OP, the complaint of the complainant deserves its dismissal and the same is dismissed.  There is no order as to cost.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President