This is an application u/s.12 of the C.P. Act, 1986.

          As per complaint it is the specific case of the complainant that he was appointed as Sales Representative on commission Associates as well as Standard Literature Company Pvt. Ltd. within the meaning of Companies Act, 1956.  Fact remains that as per prevailing practice “Standard Literature Associates” deducted 2% additional Bonus each year, payable to the complainant and has been credited the said amount under the head of ‘Old Age Provision Fund Account’ and it was the usual practice that the amount lying to the Old Age Provision Fund Account being paid to the Agents within 3(three) months from the date of termination of the Agency and an interest @6% p.a. usually given to the agents over the amount lying in the Old Age Provision Fund Account at the time of termination of service of the Agents.

          The specific case of the complainant is that on termination of service on 05-11-2007, he requested the OPs to refund the old age provision fund amount of Rs.51,950/- lying in his name along with interest @6% p.a. after his termination from the service.  But despite repeated requests, the OPs did not pay the amount and in fact they are illegally enjoying the same at the cost of the complainant.  So, the OPs have committed illegal act and abuse of power by not refunding the old age fund amount which is just the provident fund amount of the complainant.  Subsequently, the complainant lodged a complaint with the Officer-in-Charge of Taltala Police Station on 17-12-2009 along with all documents and made an FIR though the complainant sent reminders to the OPs for refund of the amount lying in the old age provision fund account but the OPs did not pay any heed to refund the money of the complainant.  Hence, this case.

          Fact remains that summons were sent by registered post with A/D by speed post to the OPs and same were duly served but refused by the OPs what is evident from the postal internet result and OPs also did not turn up to contest and, as such the present complaint is heard ex parte.

Decision with Reasons

In fact in this case relying upon the fact as disclosed in the complaint and unchallenged testimony of the complainant and documents and also considering the argument as advanced by the Ld. Lawyer of the complainant and also from the receipt of Annexure No.’B’ amounting to Rs.51,950/-(approx) in support of credit particulars issued by the OP and subsequent letters under reference of annexure A, Serial Page No.11, C Page No.14 and 15 it is found that the version of the complainant is proved that the said amount is lying with the OPs.  On several times the complainant requested them to refund the money which he earned while served as a Sales Representative of OPs but after termination of his service, his hard earned money has not yet been refunded even after repeated persuasions made by the complainant and such an act on the part of the OPs is no doubt an unfair trade practice because after the termination of service of the complainant it was the duty of his employer to pay back his additional accumulative bonus for years lying with them along with due interest which they are unwilling to pay to the complainant and hold it illegally for such long years without giving any benefit.

          So, considering the above conduct of the OPs, we are inclined to hold that the OPs have adopted an unfair practice and harassed the complainant who also suffered from mental agony and pain in all respects.

          In the result, the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OPs with a cost of Rs.5,000/-(Rupees Five thousand only).

          OPs are directed to refund and pay a sum of Rs.51,950/-(Rupees Fifty one thousand nine hundred and fifty only)to the complainant lying with the Old Age Provision Fund Account and also pay interest @6% as per scheme for the period 2007 to 2013 amounting to Rs.18,630/- (Rupees Eighteen thousand six hundred and thirty only) to the complainant.  The OPs are also directed to pay compensation of Rs.20,000/- (Rupees Twenty thousand only) to the complainant for his mental pain and agony/harassment for such long years.

          For adopting unfair trade practice the OPs are again imposed punitive damages of Rs.10,000/-(Rupees Ten thousand only).

          The OPs are directed to comply this order within one month from the date of this order failing which per day penal interest @ Rs.300/- shall be assessed till full satisfaction of the decree and if said amount of punitive and penal interest damages are collected, the amount shall be deposited to this Ld. Forum on proper receipt.  Even if, the OPs neglect to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. act, 1986.

          Complainant to send this copy of this judgment to the OPs at once for compliance.

Dictated & Corrected

      by me