Orissa

StateCommission

A/435/2014

Asst. Provident Fund Commissioner, - Complainant(s)

Versus

M. Kota Durga, - Opp.Party(s)

M/s. B. Nayak & Assoc.

06 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/435/2014
( Date of Filing : 28 Jul 2014 )
(Arisen out of Order Dated 30/05/2014 in Case No. CC/116/2013 of District Nabarangapur)
 
1. Asst. Provident Fund Commissioner,
S.R.O. , 1st Floor, PAN Complex, Nearl Payal Talkies, Berhampur.Ganjam.
...........Appellant(s)
Versus
1. M. Kota Durga,
S/o- Mate M. Narasimha Rao, Khatiguda, Nabarangpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/s. B. Nayak & Assoc., Advocate for the Appellant 1
 
Dated : 06 Mar 2023
Final Order / Judgement

               Heard counsel on behalf of appellant. None appears on behalf of respondent.

   2. This appeal has been filed U/S-15 of Consumer protection Act 1986(Herein after called the Act) against impugned order passed by Learned District C.D.R, Commission, Nabarangpur. The parties are referred in complaint case may be read as same in this appeal for convenience.

  3.                     It is a case of the both parties as follows from the record  that the complainant is eligible to get EPF & FPF amount of Rs. 10,000/- for the period from 01-09-1982 to 03-09-1991. It is alleged interalia that he has applied in F-13 A to the Deputy G.M, UIHEP, Khatiguda on 14-01-2013 for transfer of E.P F amount from OR-2955/294 to OR-10056/23 but no action was taken. He also asked for  Advance EPF amount for Rs. 40,000/- for medical treatment of his wife on 12-08-2013 but no action has been taken so far. Then he filed complaint case.

4.          The O.P has taken  plea that they have already transferred the amount as requested on 26-02-2013. Therefore, they have already received the F-31 and accordingly taken action.

5.   After hearing both parties Learned District forum has passed following orders as follows:

        “The complaint is advised to submit a fresh application in form 31 along with certificate of the employer in form C to avail the advance and the OP is directed to disburse the advance within 30 days. Hence receipt of the application from the complainant.

          The OP is further directed to pay a compensation of Rs. 25,000/- inter alia Rs. 5,000/- cost of litigation to the complainant.

      All the above orders shall be complied within 3o days of communication of the same failing which the total sums will carry 12% interest per annum till its realization.”                                     

6.       Learned counsel on behalf of appellant submitted that they have already transferred the amount and submitted that the impugned order should be set aside as they have already transferred the amount and already taken steps for payment of money. He filed affidavit of the concerned officer, where  we find same fact.In the  Para 1 & 2 of the affidavit are very clear that the appellant has already settled all the dues payable to the respondent.

7. In view of the affidavit and annexure we are of the view that the impugned order which has been compiled by the appellant, we hereby set aside the impugned order by allowing the appeal. No cost.

  9.    Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

          DFR be sent back forthwith.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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