Karnataka

StateCommission

A/1593/2023

THE ASSISTANT PROVIDENT FUND COMMISSIONER - Complainant(s)

Versus

MR VISHWESHWARA ACHARYA - Opp.Party(s)

GEETA HANDA KHANUJA

07 Oct 2023

ORDER

                                                                     Date of Filing : 25.07.2023

  Date of Disposal : 07.10.2023

 

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

 

DATED:07.10.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL No.1593/2023

 

 

The Assistant Provident Fund Commissioner

Bhavishya Nidhi Bhavan

Regional Office

Silva OAD Highlands

Mangaluru-575 002                                                           Appellant

(By Mrs Geeta Handa Khanuja, Advocate)

 

                 -Versus-

Mr. Vishweshwara Acharya M

S/o Dasappa M

Resident of Retired Employee

Moroli House

Edamagala Post and Village Sulia

Dakshina Kannada                                                        Respondent                                                   

   : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 41 of Consumer Protection Act 2019 by the OP, aggrieved by the Order dated 28.02.2017 passed in Consumer Complaint No.39/2016 on the file of District Consumer Disputes Redressal Forum, Mangalore.

2.       On perusal of the Order Sheet, it is observed that the Office has pointed out that -

1. There is a delay of 2308 days in preferring the Appeal.
2. As per CPA Act 2019, 50% of the Statutory Deposit amount has been not deposited.
3. Original Signed Hard Copies, (Office Copies and other side copies not submitted).

3.       Further, on securing records of Appeal No.889/2017 and Appeal No.1543/2022 it is observed that-

1. Appellant has preferred the Appeal No.889/2017 by Assistant Provident Fund Commissioner Vs Mr Vishweshwara Acharya on 17.04.2017 against the Order dated 28.02.2017 passed in Consumer Complaint No.39/2016 on the file of District Consumer Disputes Redressal Forum, Mangalore and the said Appeal stands withdrawn by the Appellant/Assistant Provident Fund Commissioner on 13.07.2022.

4.       Subsequently, Appellant/The Assistant Provident Fund Commissioner has preferred Appeal No.1543/2022 on 14.07.2022.   In this Appeal, the Office has pointed out in the Order Sheet that there is a delay of 1932 days in preferring the Appeal, which is pending for consideration and the same stands posted to 25.10.2023 for taking steps by the Appellant for issuance of Notice against the Respondent.

5.       It is observed that, when Appeal No.1543/2022 is pending for consideration, the Appellant/The Assistant Provident Fund Commissioner has once again preferred the present Appeal bearing No.1593/2023 against the same Order dated 28.02.2017 passed in Consumer Complaint No.39/2016 on the file of District Consumer Disputes Redressal Forum, Mangaluru hence, the same is not maintainable.

In view of observations made above, the Appeal No.1593/2023 is hereby disposed of with cost of Rs.500/-

The said sum of Rs.500/- to be deposited to the Legal-aid account of this Commission within 45 days from the date of this order.

A copy of this Order Sheet to be placed in Appeal No. 1543/2022.

 

Lady Member                   Judicial Member                       President

*s