Bihar

StateCommission

A/111/2017

Assistant Provident Fund Commissioner - Complainant(s)

Versus

Mundrika Gond & Ors - Opp.Party(s)

Adv. Madhav Krishna

17 May 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
First Appeal No. A/111/2017
( Date of Filing : 20 Apr 2017 )
(Arisen out of Order Dated 22/02/2017 in Case No. CC/86/2013 of District Pashchim Champaran)
 
1. Assistant Provident Fund Commissioner
Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, Sub Regional Office, Surya Complex, Laxmi Chowk, Brahmpura, Muzaffarpur- 842003
Muzaffarpur
Bihar
...........Appellant(s)
Versus
1. Mundrika Gond & Ors
Mundrika Gond, son of Late Jagdam Gond, R/o- Village- Malkauli, PO- Bagaha, PS- Bagaha, Dist- West Champaran
West Champaran
Bihar
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shailesh Kumar Sinha PRESIDENT
 HON'BLE MR. Upendra Jha MEMBER
 HON'BLE MRS. Renu Sinha MEMBER
 
For the Appellant:
For the Respondent:
Dated : 17 May 2018
Final Order / Judgement

17.05.2018

                        Heard learned counsel for the appellant and perused the impugned order. No one appear for the respondent.

       Appellant submits that the required paper were not submitted through the employer of the complainant as such there was no deficiency on its parts in case of non-payment. However, during the hearing of the complaint, the required paper were provided as per the letter dated 25.02.2016 and all admissible payment made on 08.03.2016 as such no deficiency in service could be validly attributed. The District Forum was not justified in directing to pay compensation and litigation cost.

       We are in agreement with the submission of the appellant. In case no deficiency could be validly found a partly should not be directed to pay compensation. The directing to pay the compensation and litigation cost is set aside.

           In the result, appeal stands allowed.

 

 Member(F)                                                                                               President  

 

           Anita                                                                                                                                                    

 

 
 
[HON'BLE MR. JUSTICE Shailesh Kumar Sinha]
PRESIDENT
 
[HON'BLE MR. Upendra Jha]
MEMBER
 
[HON'BLE MRS. Renu Sinha]
MEMBER

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