(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) Heard both the sides. It is a case in respect of the late payment of provident fund by the Department. The Forum by impugned order dated 27/07/2000 passed in Consumer Complaint No.225/1999 directed the appellant to pay to the respondent the amount of provident fund accumulated along with interest @ 15% p.a. from 01/06/1999 till its realization and further directed to pay 1,000/- as cost. Feeling aggrieved thereby, this appeal preferred by the original opponent.
(2) It is submitted on behalf of the appellant that the entire amount as due to the respondent were credited in the Forum which were also withdrawn by the respondent and therefore, this appeal becomes infructous. It is submitted on behalf of the respondent that he has received amount but not the interest. This submission about the amount received by him is not in dispute.
(3) In the instant case, holding the deficiency in service on the part of the Corporation, since it wrongfully withhold the amount payable to the respondent which were accumulated in his Provident Fund Account, impugned directions were issued by the Forum. The interest awarded is at 15% p.a. It is on higher side than what is prescribed in the relevant Provident Fund Act and Rules framed thereunder, by way of compensation, for the alleged deficiency in service. Award of interest [by a particular rate delayed payment and grant of compensation (in form of interest)] are not one and the same but they stand on different footings. Considering the totality of the circumstances, we find no reason to disturb the impugned order. Holding accordingly, we pass the following order.
ORDER
(1) Appeal stands dismissed.
(2) In the given circumstances, both the parties to bear their own costs.
Pronounced on 18th August, 2011.
