Orissa

Rayagada

CC/10/2018

Sri Laxmi Naryana Sahu - Complainant(s)

Versus

The Manager Director Parferer - Opp.Party(s)

Self

26 Nov 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 10/ 2018.                                   Date.      26  .     11  . 2018

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President.

Sri  GadadharaSahu,                                             Member.

Smt. Padmalaya  Mishra,                                     Member.

 

SriLaxmi Narayan Sahu,  S/O:  Krishna Chandra Sahu, Berhamapur(Ganjam).

Sri Sudhamaya Panda,  C/O: Nirakar Panda, Jagatsisnghpur.

Sri AnantaCharanSaho, S/O: Sri “AlekhSahoo, AT:Badola, Dist: Dhenkanal.

Sri ChhitiSekhar, S/O: Sri Ch.Simadri,  Jeypore

All are presently  residing at Nehru Nagar, Ist. Lane, Po/Dist:Rayagada, 765 001.

                                                                                                                                …Complainants.

Versus.

The Managine Director,(Partner), M/S. Key Stone Solutions Pvt. Ltd., Block-P/4 2^nd. floor, Indradhanu Market Complex, IRC Village, Nayapalli, Bhubaneswar-15, Odisha.                         … Opposite parties.

Counsel for the parties:                         

For the complainant: - Sri Jagadish  Panda, Advocate, Rayagada.

For the O.Ps :- Set Exparte.                                                                                                           

JUDGEMENT

The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps    for  nonpayment of Loyality Bonus which is applicable to the complainants on successful completion of project or two year  from joining, which one is earlier for which  the complainant  sought for redressal of the grievances raised by the complainant.

On being noticed  the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  05 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 11 months   for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. was  set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

                The complainant has been heard at length & perused the records.

                Undisputedly  the O.P.  was issued appointed letters in favour of the complainants  and appointed  as Field /Site Engineer(Electrical)  for his ODSSP Project work  on Dt. 4.8.2014, Dt.22.08.2014, Dt.22.8.2014, Dt.9.10.2014  respectively and the complainants were joined as Field Engineer in the said project with effect from 8.8.2014, 8.8.2014, 27.8.2014 and 13.10.2014 respectively(copies of the appointment order is in the file which is marked as Annexure-I to  Annexure-4).   Joining report of the complainants  are also in the file which is marked as Annexure-5 to Annexure- 8).  Further  the terms and conditions of the said appointment, during the tenure  of service with the above named  OP an amount of Rs.2,000/- per month  was to be deducted from the salary of the complainants. It is further stipulated in the terms and conditions of services, the said sum of Rs.2,000/- which was to be deducted from the salary of the complainants  every month, the same  shall be paid to them at  the end of the duration of employment or two years from the date of appointment  which  ever is earlier (copies of the  salary slips of the complainants  is in the file which is marked as Annexure-9 to Annexure-12). End of project notification under ODSSP /package-2   had issued by the O.P. on DT.8.6.2016 and Dt. 15.8.2016 respectively (copies of the same is in the file which is marked as Annexure-13, Annexure-14).  The complainants have successfully completed  their tenure  and the O.P. had issued  to whom so ever it may concern certificate  in favour of the complainants(copies of the same are in the file which is marked as Annexure-15, Annexure-18).  The complainants had sent E-Mail during the month of October,2016 to the O.P. for release of  entitled  loyalty bonus(copies of the E-Mail is in the file which is marked as Annexure-19). In turn the O.P. replied  through E-Mail  on Dt. 13.10.2016  to the complainants and mentioned   in the E.-Mail  that  we acknowledge your genuine concern & assure you of fair deal to which this organisation is committed.  The delays are caused because of the reasons beyond our control. However we are doing our best to release your dues at the earliest(copies of the  same is in the file which is marked as Annexure-20).

            It further appears that prior to filing   of complaint, the complainants had issued legal notice through its counsel on Dt. 24.09.2017 and it was duly served on the O.P.(Copies of the legal notice  is in the file which is marked as Annexure-21 to Annexure-24)   but they failed to furnish reply to the said notice(copies of the postal  acknowledgement is in the file which is marked as Annexure-25). Hence it appears that the O.P. has been negligent and callous regarding the complaint of the complainant. So the complainant filed this C.C. case before the forum.

            During the course of  exparte  hearing  the learned counsel for the complainant  submitted   that after  filing of the  present case the  O.P. has credited  some amounts  of   loyality bonus  in the  concerned  S.B. accounts  of the  complainants on Dt.20.1.2018  which are mentioned in the statement below (copies of the  pass book of the concerned complainants  are in the file which is marked as  Annexure-26 to Annexure-29.  Further the learned  counsel for the complainant  prays the forum direct the O.P  to credit the balance amounts in the  S.B.  accounts  of the  complainants  along with interest.

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps in not refunding  loyality   bonus   in due date  as per the  provisions laid down under section 14 of the  C.P. Act.

Hence to meet the ends of justice, the following order is passed.

ORDER.

In resultant   the complaint petition stands allowed  in  part  on  exparte against  the O.P..

The O.P is   ordered to  pay the balance loyality bonus to the complainants with  interest  @  Rs. 5 % per annum  from the date of respective deduction  till realization as per statement enclosed  inter alia to pay Rs..2,000/- towards  cost of litigation  to the complainants.

 

                                                            STATEMENT.

Sl.No.	Name  of the  complainants.	Period  of engagement. (in months)	Loyality bonus  deducted per   month.	Total entitlement of loyality bonus.	Amount already received on Dt. 20.1.2018.	Balance to be received.
1.	2.	3.	4.	5.	6.	7.
1.	Sri  L.N.Sahu	8.8.2014 to 30.6.2016 = 23 Monhs.	Rs.2,000/-	Rs.46,000/-	Rs.28,500/-	Rs.17,500/-
2.	Sri S,Oabda,	8.8.2014 to 30.6.2016=23 months.	Rs.2,000/-	Rs.46,000/-	Rs.32,500/-	Rs.13,500/-
3.	Sri A.Ch.Sahoo.	27.8.2014 to 23.7.2016= 24 monhs.	Rs.2,000/-	Rs.48,000/-	Rs.27,000/-	Rs.21,000/-
4.	Sri  Chhiti Sekhar	13.10.2014 to 4.8.2016= 22 months.	Rs.2,000/-	Rs. 44,000/-	Rs.32,154/-	Rs.11,500/-

The O.P.    is  ordered to make compliance the aforesaid Order within  45 days from the  date of  receipt  of the  order  failing which  an interest  @ Rs.12%  would  accrue on the above  amount . from  the date of  default till  realization.  Serve the copies  of  the order to the  parties.

Dictated and corrected by me.  Pronounced on this  26^th.   Day of  November,   2018.

 

 Member.                                                            Member.                                      President