Karnataka

Chitradurga

CC/136/2017

H.C.Manjunatha S/o Chigterappa - Complainant(s)

Versus

Mr.Bharath Veeramani,Managing Director - Opp.Party(s)

Sri.P.S.Sathyanaryanarao

17 Mar 2018

ORDER

COMPLAINT FILED ON:19/12/2017

DISPOSED      ON:17/03/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 136/2017

 

DATED: 17^th MARCH 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGDCLP  

……COMPLAINANT/S	H.C. Manjunath S/o Chigaterappa, Aged about 49 Years, R/o Hullehal Village, Chitradurga Taluk and District.   (By Shri/Smt.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. Mr. Bharath Veeramani, Managing Director, Somanath Crop Science India Pvt. Ltd., No.148/2, Omolur Main Road, Amaravathi Nagar, Ammepalyam Post, Salem-636 302.   2. The Authorized Signatory, Somanath Crop Science India Pvt.Ltd., Registered Office: No.7, First Floor, Diaumedica Plaza, Papaiah Garden Road, BSK III Stage, Bangalore—560085.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to refund Rs.63,206/- towards arrears of salary and DA, Rs.30,000/- towards mental agony and pain  Rs.5,000/- towards costs and such other reliefs.   

2.      The brief facts of the case of the above complainant are that, he was working as sales executive in the OPs esteemed concern and served nearly 1 ½ years with zeal and honestly and he is travelling throughout Karnataka State.  As per office employment letter dated 25.06.2015 of OP No.2, the complainant is eligible to get TA and DA as per company norms.  The OP company is due pertains to TA and DA in the month of March-2017, August-2017 and September-2017 and one month and 23 days salary as mentioned below:

TA and DA: March-2017:                Rs.15,000-00

                             August-2017:               Rs.11,093-00

                             September-2017:         Rs.10,023-00

                             Total:                             Rs.36,116-00

Salary:For 23 days in September 2017: Rs.11,090-00

            For October 2017                          Rs.11,090-00

                   Grand Total:                           Rs.63,206-00

         

It is further submitted that, the OP Company is unnecessarily making delay in settling the arrears.  The OP Company has not cleared the arrears of salary and DA to the complainant.  Already two months have been lapsed, it shows the deficiency in service, dereliction of duties to the esteemed staff members on the part of the OP Company.  It is further submitted that, the complainant has approached the OP Company over phone and through e-mail but, the OP has not responded properly and started to give evasive replies to the complainant.  The complainant got issued the legal notice dated 09.11.2017 and the same was acknowledged by the OP No.1 and not complied for the legal notice.  The legal notice sent to the OP No.2 was returned unserved with an endorsement as door locked.  Intentionally, the OP No.2 has avoided to receive the notice.  The cause of action for this complaint arose at Chitradurga and all the transactions relating to his salary and TA and DA are done through Bank which is within the jurisdiction of this Forum.  Hence, prayed for allow the complaint.          

3.      After issuance of the notice to the OPs, the same was served to the OPs but, they have not appeared before this Forum and they have been placed ex-parte. 

4.      Complainant himself examined as PW-1 by filing affidavit evidence and relied upon the documents Ex.A-1 to A-8 were got marked and closed his side.

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

(1)  Whether the complainant proves that the OPs have committed deficiency of service for non-settling the TA and DA of the complainant and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, the complainant has filed this complaint against the OPs for refund of Rs.63,206/- towards the arrears of salary and TA and DA.  The complainant was working as a Sales Executive in the OP esteemed concern nearly 1 ½ years with zeal and honest and he travelled throughout Karnataka State.  The complainant is eligible to get TA and DA for the month of March 2017, August 2017 and September 2017 and salary for 1 month 23 days in all the OPs is due for a sum of Rs.63,206/-.  The complainant has demanded the OP to settle the above said amount by phone and through e-mail.  The OPs have neglected to refund the above said amount to the complainant.  Finally, on 09.11.2017 the complainant has issued legal notice to the OPs.  After lapse of 1 ½ months, the OP No.1 has replied and denied all the averments made by the complainant.  The OP No.2 never received any notice send by this Forum.  Here in this, the complainant has produced documents Ex.A-1 to A-6 those documents clearly shows that, the OP Company has not paid the amount claimed by the complainant.  As per Ex.A-3, the OP is still due in payment of Rs.63,206/-.  So, the OP has not settled the claim of the complainant but, still the OP has cheated the complainant in settling the legitimate sum.  Hence, the OPs have committed deficiency in service for non-settling the TA and DA and arrears of salary to the complainant.  Hence, we come to the conclusion that, the OPs have committed deficiency of service on their part.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  9.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.63,206/- towards arrears of salary and TA and DA to the complainant within one month along with interest at the rate of 9% p.a from the date of complaint till realization.

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony and  Rs.5,000/- towards cost of the proceedings to the complainant. 

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 17/03/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

 

01	Ex-A-1:-	Appointment letter dated 17.06.2015
02	Ex-A-2:-	Employment letter dated 25.06.2015
03	Ex-A-3:-	CTC Breakup details
04	Ex.A-4:-	Pay slip for the month of May-2017
05	Ex.A-5:-	Copy of e-mail sent to the company dated 31.10.2017
06	Ex.A-6:-	Office copy of legal notice dated 09.11.2017
07	Ex.A-7:-	Postal receipt with acknowledgement
08	Rx.A-8:-	Returned legal notice cover

 

Documents marked on behalf of OP:

-NIL-

 

MEMBER                                                            PRESIDENT

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