BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,ERNAKULAM.
Dated this the 13th day of January 2012
PRESENT:
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
.
E.A. No. 30/2010 in C.C. No. 193/2009
Between
Annamma John, : Decree Holder
11/565-D, Anns Villa,
Sahruda Nagar,
Vazhakkala, Thrikkakara,
Cochin-682 021.
Vs
The Area Manager, : Judgment Debtor
Food Corporation of India, (By Adv. P.A. Rinusa,
40-1042, Kandamkulathy M/s. Sukumaran & Usha,
Towers, M.G. Road, 43/76 ‘Aswathy’, Kannachanthodu
Cochin-682 011. Road, Kochi-18)
O R D E R
Paul Gomez, Member.
This E.A. springs out of the order by this Forum in C.C. No.193/09. The operative part of the said order is extracted below for the sake of clarify where it is stated
“Thus, we allow the complaint and direct 2nd opposite party to expedite the disbursement of the provident fund of the complainant if she submits the particulars specified in Ext. B1. The disbursement shall be made within a period of 6 months from the date of submission of the above details.
Obviously the order is conditional upon production of particulars specified in Ext. B1. Meanwhile JDs have filed objection where it is expressed the reasons for non compliance with the order passed by the Forum by stating that Decree holder has failed to produce all the requisite details as stated in Ext. B1 especially the CPF accounts slip issued to her while she was in service. Also it is stated that there was a change of office from Delhi to Mumbai after she left the service. Later an affidavit dated 28-12-2011 was filed by JD1 stating that on verification of old files it was found that, in the final payment index register maintained in the office, it is stated that, CPF amount due to the execution petitioner was disbursed as early as on 19-02-1982. The affidavit further states that all out effort has been made to find out all the available files and records pertaining to the PF claim and on perusal of those records, it could be clinched that the PF accounts had been settled way back on 19-02-1982.
We are sad that our efforts to help an old lady who unfortunately woke up from her long slumber for period of thirty four long years together has proved to be in vain. It is trite that a person is the custodian of his own rights. When he sleep too long on his own rights he forfeits his right to point accusing fingers on others. We appreciate the good will shown by the Judgment Debtor 1 in tracing out, the available records. We place it on record the co-operation, assistance and sincerity displayed by the Judgment Debtor 2 in extending assistance to the Forum to provide relief to the Decree Holder without harping on the moot point of want of jurisdiction of the Forum. We are not oblivious of the fact that it is tedious task to trace out such an old file. In fact it amounts to searching for the needle in a stack of hay when there is no clue provided by the complainant. We also appreciate the caliber brilliance and honesty of the young counsel, Srimathi S. Karthika who appeared on behalf of Judgment Debtor 2 knowing fully well that the Forum had no jurisdiction over the matter. To be frank, we confess that we have leaned too much in favour of the complainant/Decree Holder to render some assistance to her. Unfortunately all those efforts did not bear fruits.
To conclude, we take into account the affidavit of Judgment Debtor 1 and close the proceedings in this E.A. reminding Decree Holder that no body can help one who is too late.
Pronounced in the open Forum on this the13th day of January 2012.
Sd/-
Paul Gomez, Member.
Sd/-
C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
