KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO.480/2012

JUDGMENT DATED:18.08.2014

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

1. The Director of Collegiate Education,

Vikas Bhavan, Thiruvananthapuram,  

1. The Deputy Director of Collegiate Education,

Ernakulam.

                                                                                                : APEELANTS

1. The Secretary to Government,

Higher Education Department,

Govt. Secretariat, Thiruvananthapuram.

1. State of Kerala,

R/by Chief Secretary, Govt. Secretariat,

Thiruvananthapuram.      

(By Adv: Sri. M. Hashim Babu)

            Vs.

1. Prof. P. Rajan,

Selection Grade Lecturer (Rtd.),

Karthika, Opp Asramam,

Avalookunnu P.O, Alappuzha.

                                                                                                : RESPONDENTS

1. The Principal,

Sree Narayana College,

S N Puram.P.O, Cherthala.

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

This is an appeal filed by the 1^st opposite party in CC.394/01 on the file of CDRF, Alappuzha under section 15 of the Consumer Protection Act challenging the order of the Forum dated, August 17, 2004 directing the first opposite party to pay to the complainant interest at the rate of 12% per annum on the principal provident fund amount of Rs.4,48,704/- from 25.3.2000 till payment and a cost of Rs.500/-.

2.      The case of the complainant as testified by him as PW1 and as detailed in the complaint before the Forum in brief is this:-

Complainant was a Selection Grade Lecturer in SN College, Cherthala.  He entered in service on 12.8.1971 and retired on 31.3.2000 on attaining superannuation of 55 years of age.  He had 29 years of service as full time lecturer.  He was a subscriber to the Private College Staff Provident fund Scheme with A/c No.1757 and was subscribing to this fund. Though he retired on 31.3.2000, the provident fund money due to him was sanctioned by the opposite party only on July 27, 2001 which was encashed by the 3^rd opposite party on August 20, 2001 and paid to the complainant on the next day.  Complainant is entitled to interest from March 25, 2002 to August 19, 2001.

3.      The first opposite party is Director of Collegiate Education, Thiruvananthapuram, second opposite party is Deputy Director of  Collegiate Education, Ernakulam, third opposite party is the Principal of SN College, Cherthala, 4^th opposite party is the Secretary to Government, Higher Education Department, Thiruvananthapuram and fifth opposite party is the State of Kerala represented by the Chief Secretary,  Only first opposite party filed version contending that complainant was paid interest up to date of sanction ie up to June 2001.

4.      Complainant was examined as PW1 and Exts.A1 to A3 were marked on his side.  No evidence was adduced by the opposite party.  Forum found that complainant is entitled to interest on the provident fund amount for the period from 25.3.2000 till the date of payment ie 19.8.2001 and also awarded a cost of Rs.500/-.  First opposite party has come up in appeal challenging the said order of the Forum. 

5.      Heard the counsel for the appellant and the complainant who was present in person.

6.      At the time of argument the Additional Government pleader appearing for the appellant produced photocopies of the proceedings before the first opposite party showing that interest for the provident fund up to June 30, 2000 was paid and it was Rs.4,48,704/- which was paid to the complainant.  Complainant also admits the same.  That being so the order of the Forum directing the first opposite party to pay interest for the delay period has to be set aside.  Hence the direction of the Forum to pay interest at the rate of 12% per annum for the provident fund amount of Rs.4,48,704/- from 25.3.2000 till payment is set aside.

7.      There is another aspect in this matter.  The first opposite party could have produced documents before the Forum which they did not do.  The OP was filed in 2001.  Only now they have produced the said document.  There is clear latches on the part of the first appellant/first opposite party for which they have to pay a cost of Rs.10,000/- to the complainant.

In the result appeal is allowed in part.  The direction of the Forum to pay interest at the rate of 12% per annum of Rs.4,48,704/- is set aside.  Appellant is directed to pay cost of Rs.10,000/- to the complainant.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V JOSE  : MEMBER

VL.