Delhi

East Delhi

MA/36/2023

PREKSHYA SINGHAL - Complainant(s)

Versus

SAMIAH INTERNATIONAL BUILDER - Opp.Party(s)

02 Mar 2023

ORDER

Consumer Court Can’t Decide Issues Related to Pension & Gratuity: NCDRC

National Consumer Disputes Redressal Commission, Delhi
RP No. 71 OF 2013
Kondareddygari Adinarayanareddy vs State Bank of Hyderabad
Decided on 20/07/2022

While relying on Supreme Court judgments on the issue, NCDRC held that any grievance regarding withholding the bank’s contribution to gratuity or provident fund is an issue that has to be adjudicated upon by the civil court or competent tribunal.

NCDRC also observed that District Commission and State Commission erred in not examining the  preliminary issue of maintainability of the complaint first and directly deciding the complaint on merits. Even though the District Commission and State Commission dismissed the Complaint/ FA on merit, NCDRC set their orders aside and dismissed the complaint on the preliminary issue of maintainability of the complaint. The Complainant, however, was granted liberty to approach the competent civil court/ service tribunal for redressal of his grievances.