NCDRC

NCDRC

RP/595/2007

UNION BANK OF INDIA AND ORS. - Complainant(s)

Versus

SRI K SATISHCHANDRA SHETTY - Opp.Party(s)

M/S. HEMANT CHAUDHARY & CO.

20 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 595 OF 2007
 
(Against the Order dated 14/12/2006 in Appeal No. 1622/2005 of the State Commission Karnataka)
1. UNION BANK OF INDIA AND ORS.
MOTIBAI HOUSE . S,A, BERBVLI ROAD FORT ,
MUMBAI
400001
...........Petitioner(s)
Versus 
1. SRI K SATISHCHANDRA SHETTY
S/O. SRHI K,T, SHETTY ,
KAMALA NIVAS MAJEELA COLONY
JEPPU SEMINARY KANKANADY MANGALORE -575002
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 20 Apr 2011
ORDER

Respondent/complainant was an employee of the petitioner bank since 01.02.1979.  Respondent filed the complaint before the District Forum with the allegations that he was a member of the Union Bank of India Employees Provident Fund and his contributions for Provident Funde were being regularly deducted from his salary.  After his termination, he approached the petitioner bank for settlement of

-2-

his Provident Fund and other dues.   Petitioner bank failed to settle the dues of the complainant till 2003 as the claim of the respondent was not forwarded to the PF Department under the regulations.  That the interest was being charged on his Provident Fund Account after the lapse of three months from the date of his termination of his services, i.e., 13.04.1999.       

          District Forum allowed the complaint and directed the OPs to jointly and severally settle the PF Account of the complainant as on 13.04.1999. OPs were also directed to adjust the loan of the complainant against his PF accumulations as on 13.04.1999 and pay the balance, if any, along with interest @ 12% p.a. to the complainant from 13.04.1999 till realization.  OPs were also directed to supply a sheet to the complainant showing how the balance was worked out.  Rs.12,000/- were awarded towards compensation and costs.

          Petitioner being aggrieved filed the appeal before the State Commission, which has been dismissed by the impugned order.

          On going through the order, we find that the State Commission has not recorded any reasons in support of the conclusion arrived at. 

The State Commission being the first court of appeal was a court of fact as well as law.  The State Commission was required to record reasons in support of the conclusion arrived at.  The order passed by the State Commission is liable to be set aside because the same is not a speaking order.

          For the reasons stated above, the revision petition is allowed.  Order of the State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

          Parties through their counsel are directed to appear before the State Commission on 05.07.2011.

          Since it is an old case, we would request the State Commission to dispose of the appeal within four months of the first date of appearance.

          Copy of this order be sent to the parties.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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