Delhi

North

CC/10/2016

KARUNA OJHA - Complainant(s)

Versus

M/S. RUPA PUBLICATIONS INDIA PVT. LTD. - Opp.Party(s)

Manoj Yadav

27 Jul 2023

ORDER

   District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.:10/2016

Sh. Karuna Ojha,

S/o Sh. Bihari Ji Ojha,

C-198/5, Street No.8,

Bhajanpura, Delhi-110053.                      …                                             Complainant

 

                                                                                                Vs

 

M/s Rupa Publications India Pvt. Ltd.

Through its Managing Director

7/16, Ansari Road,

Daryaganj, Delhi-110002.                         …                                          Opposite Party

ORDER

27/07/2023

 

Ashwani Kumar Mehta, Member:

 

(1)          The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant joined the OP Company on 09.01.2017 as Accountant/ Administration Assistant. In the month of March 2010, the company changed its name and style from “Rupa and Company Delhi to “Rupa Publications India Pvt. Ltd.” without information and closure letter to the provident Fund Authority with the same assets, liabilities and Manpower etc., at the time of changed, name and style. The company did not require any resignation letter and joining letter also from the Complainant because his job was continuing with company from “Rupa and Company, Delhi” to “ Rupa Publications India Pvt. Ltd.” since 2007 to March 2015 with the same terms and conditions.

 

2.           It has been alleged that as and when, the Complainant raised questions/explanation about PF contribution from the management/ company, the management intentionally and wilfully issued a transfer letter to him. Later on, he resigned from OP Company services in compelling circumstances. The OP Company/management provided him PF withdrawal Form on 11.05.2015, then he checked that PF contribution from 09.01.2007 to 31.03.2010 has not been deposited in PF A/c number allotted to him but from 01.04.2010 to 31.08.2014, PF contribution was not deposited by the company to the provident fund Authority in his PF account no. DLCPM004238000/41 and the OP company did not deposit PF amounting to Rs.2,25,000/- in his PF account for the brake-down, in employee’s pension scheme 1995 or creating difficulty/ disturbances in his benefits of pension. PF contribution was deposited again from 01.09.2014 to 03.03.2015 by OP in his PF account. Therefore, on 09.06.2015, Complainant sent a legal notice to the OP through his counsel by way of speed post but OP did not reply. On the several occasions, Complainant requested to the OP Company for providing his UAN (Unique Account Number) for the purpose of PF withdrawal but OP Company intentionally and wilfully did not provide UAN, because PF contribution was not proper due to the negligence and insufficient service for the welfare of the Complainant from the side of OP.

 

3.            Accordingly, notice was issued to the OP and in response, the OP has filed its reply stating that the Complaint is totally misconceived, misplaced, malafide and has been made with view to blackmail the Company and get extra money. The OP has stated that the Complainant has worked in organisation “Rupa Publications India Pvt. Ltd.” from 03.04.2010 to 03.05.2015. The gross salary at the time of resignation was Rs.24,921/-. The Complainant has resigned from the service vide letter 03.03.2015. All his dues were paid as full & final settlement, with no claim whatsoever as per documents filed with reply. The OP has further stated that the complainant has sent his claim with complete calculations, which also confirms his resignation and the payments made to him are in conformity with the same. His original mail in regard to above has also been filed . It is further stated by the OP that as far as PF is concerned, his intentions are malafide and complaint is without jurisdiction. His PF has been duly deducted & deposited as per the PF laws. The OP has also pointed out that the Complainant has filed various complaints in various offices on this issue as per following details:-

A).         The Complainant had filed complaint in PF office where it has been dealt with by the Department conclusively.

B).         The Complainant or his authorized representative did not appear at Mediation and Conciliation Centre for Mediation at various occasions. Therefore, the proceedings were closed by the Mediation authorities as his bonafide could not be established. During the proceedings, his intentions were clear to the Mediator and he was told to take his complaint back being baseless. He escaped the meetings and did not turn back. The conciliation report has also been attached as a proof.

C)           The Complainant had also filed complaint in Labour Court.  When his malafide intentions were clear to the Dy. Labour Commissioner, the complainant did not turn up for the meetings and Dy. Labour Commissioner closed the case.

D)           The Complainant has also filed complaint in Darya Ganj police station and also filed the  case with Tis Hazari. The copy of letter written to Darya Ganj police station  has been filed.

 

3.            In addition to above details of complaints/cases, the OP has also filed a copy of award passed by Pilot Court/POLC-XVII, Dwarka Court on 23-02-2018, in LC/595/17 in the matter of Karuna Ojha vs Rupa Publications India Pvt. Ltd., wherein it has been held that the complainant had voluntarily resigned on 03-03-2015 and he is not entitled to any relief. The statement of claim filed by the complainant was also dismissed.

5.            Accordingly, the complaint has been examined in view of the facts of the case and averments/documents/Evidence put forth by the complainant & OP and it has been observed that the Complainant, in his written submissions dated 19/09/2016 (and also in written arguments filed separately signed as Workman/claimant) ,  has disputed the veracity of the documents/ letter dated 03-04-2010 issued by the OP to him and has termed this letter as “fake” stating that the signature of the complainant made on this letter, have not been made by him and the same should be got verified from any handwriting expert. On perusal of this allegation of the Complainant and details furnished by the OP about the complaints/petitions/cases filed by the complaint before different forums, we feel that the dispute in question cannot be adjudicated by this commission in light of observations of the Hon’ble Supreme Court delivered in the matter of Chairman & Managing Director of City Union Bank Ltd. & Anr. Vs. R. Chandramohan {2023 INSC 300} which stipulates that “the proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said Act. The “deficiency in service”, as well settled, has to be distinguished from the criminal acts or tortious acts. There could not be any presumption with regard to the wilful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1)(g) of the Act.”

 5.           In view of the above observations, the complaint is dismissed being non-maintainable. The complainant is at liberty to avail any other legal remedy as so advised.

6.           Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

ASHWANI KUMAR MEHTA                                      DIVYA JYOTI JAIPURIAR

      Member                                                                     President       

             DCDRC-1 (North)                                                   DCDRC-1 (North)