Assam

StateCommission

RP/2/2018

The Assistant P.F. Commissioner, ATPPF & PF Schemes - Complainant(s)

Versus

Shri Pranesh Ranjan Das - Opp.Party(s)

Ms. M. Devi

01 Aug 2019

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Revision Petition No. RP/2/2018
( Date of Filing : 13 Mar 2018 )
(Arisen out of Order Dated 02/01/2018 in Case No. EA/10/2017 of District Cachar )
 
1. The Assistant P.F. Commissioner, ATPPF & PF Schemes
Cachar Zone, Trunk Road, Cachar
Cachar
Assam
2. The Assistant P.F. Commissioner, Board of Trustees, ATEPFO
Nidhi Bhawan, Basistha, Lalmati, Guwahati-781029
Kamrup(M)
Assam
...........Appellant(s)
Versus
1. Shri Pranesh Ranjan Das
S/o Late Pradyumna Kumar Das Village & P.O.- Kalaincherra Tea Estate, P.S.-Katigorah
Cachar
Assam
2. The Manager, Kalaincherra Tea Estate
P.O.-Kalaincherra, P.S.-Katigorah
Cachar
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kr. Mahanta PRESIDING MEMBER
 HON'BLE MS. Renu Prava Mahanta MEMBER
 
For the Petitioner:Ms. M. Devi, Advocate
For the Respondent: Mr. R. C. Paul,Advocate, for Ms. N. Rajkonwar, Advocate
Dated : 01 Aug 2019
Final Order / Judgement

     Heard Ms. M. Devi, learned counsel, appearing for the revision petitioner. Also heard Mr. R.C. Paul, learned counsel, appearing for the respondent.

     This revision petition has been filed against the orders dated 2-1-2018 and 1-2-2018 passed by the learned District Forum, Cachar, in Execution Case No. 10 of 2017 arising out of judgment dated 20-5-2017 passed in Consumer Petition Case No. 63 of 2014. In the said judgment, the following final order was passed;

     “14. It is further to be noted that amount of PF money is lying in the bank  account of the O.P. No. 1 and 2. So, the O.P. No. 1 and 2 are directed to release the settled amount of Rs. 8,32,515/-  (Rupees eight lakhs thirty two thousand five hundred fifteen) only with interest at prevailing rate as per P.F. Act & Rules which is accumulated from 16-10-2012 till date of realization. The O.P. No. 3 and O.P. 1 and 2 are further directed to make payment of aforesaid awarded amount within 45 days from today. In default, further interest at the rate of 10% per annum  to be fetch to the awarded amount. The O.P. No. 3 is also liable to pay cost of proceeding of Rs. 1,000/- ( Rupees one thousand) only within the aforesaid stipulated period to the complainant.”

     When the execution proceeding was started, plea was taken by the opposite party Nos. 1 and 2 that the accumulated PF amount has already been deposited in the bank. Vide order dated 2-1-2018 passed in Execution Case No. 10 of 17, the District Forum passed order to release the settled amount of Rs. 8,32,515 with interest as per judgment referred to above. The executing court also directed opposite party Nos. 1 and 2 to submit the calculation sheet of interest to the District Forum on the next date fixed i.e. on 1-2-2018. On that date, the opposite parties remained absent and therefore next date was fixed on 19-2-2018 for submission of the calculation sheet of interest.

     Thereafter the opposite parties have filed the instant revision petition challenging the said order dated 2-1-2018 and 1-2-2018 passed in the aforesaid Execution Case No. 10 of 2017. It may be mentioned here that the opposite parties have not challenged the main judgment by which they were directed to pay interest. In view of this, the said two orders passed in the Execution Case arising out of the main judgment, can not be said to be illegal orders.

     In view of the above position, we are of the considered view that as the opposite parties have not challenged the main judgment in which there were directed to pay interest, no relief can be granted to them in the instant revision petition where they have challenged the said two orders passed in the Execution Case.

     Today, learned counsel appearing for the rival parties have submitted that the accumulated PF amount of Rs. 8,32,515/- has since been received by the complainant.

     In view of the above discussion, we are of the opinion that there is no merit in the instant revision petition and the same is accordingly dismissed leaving the parties to bear their own costs.

     Send a copy of this order to the District Forum.

 

 
 
[HON'BLE MR. Dilip Kr. Mahanta]
PRESIDING MEMBER
 
 
[HON'BLE MS. Renu Prava Mahanta]
MEMBER
 

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