Karnataka

Kolar

CC/4/2019

Sri.A.Veloo - Complainant(s)

Versus

The President, BEML Employees Credit Co.Operative Society Ltd - Opp.Party(s)

04 Apr 2019

ORDER

Date of Filing: 23.01.2019

Date of Order: 04.04.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 04^TH DAY OF APRIL 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 04 OF 2019

Sri. A. Veloo, Ex-Secretary,

BEML Employees Credit Co-operative

Society Limited, Maharaja Road,

Robertsonpet, KGF.

 

Permanent  Address

 

A.Veloo S/o Late Arunachalam

Door No.61Kennedais

3^rd lane Oorgaum post K G F -563120.                           ….  COMPLAINANT.

(In-person)

 

- V/s –

1) The President, BEML Employees

Credit Co-operative Society Limited,

C/o. C.K. Megaraj Bungalow,

No.C-95, Club Road,

Oorgaum Post, KGF-563 120.

(Ex-parte)

 

2) The Secretary,

BEML Employees Credit Co-operative

Society Limited, C/o. C.K.Megaraj Bungalow

No.C-95, Club Road, Oorgaum Post,

KGF – 563 120.

(Ex-parte)                                                                        …. OPPOSITE PARTIES.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties and prays to direct the OPs to pay Rs.2,91,630/- towards pending salary arrears, Rs.12,48,489/- towards PF amount, Rs.4,31,538/- towards approximate Gratuity amount, compensation and litigation expenses of Rs.25,000/- to the complainant. 

02.   The brief facts of the complainant case is that, the complainant was an Ex-employee under the designation of Secretary of BEML Employees Credit Co-operative Society Limited, Maharaja Road, Robertsonpet, K.G.F.  The said society was registered under the Government of Karnataka Co-operative Society Act and Rules vide Society Registration No.ARK/B/Reg of Co-op CS/Reg/No.3187/76-77.  The complainant had joined the service on 12.01.1983.  The appointment of complainant and cadre strength and pay scales of employees were all approved by the Deputy Registrar of Co-operative Societies, Kolar District, Kolar, and the same was recorded in the Service Book of the complainant.  As per the service Book the complainant was entered in to service on 12.01.1983 and took retirement on 31.01.2018. 

 

02(a).       Further the complainant has contended that, from December-2016 to February-2018 i.e., for about 15 month salary of Rs.2,91,630/- was not at all paid by the Managing Committee of the Society to the complainant.  Before his retirement on 18.01.2018 the complainant submitted a letter to OP No.1 requesting to settle the pending salary arrears along with terminal benefits.  On 15.02.2018 the complainant given letter to OP No.1 for handing-over and taking-over of all society assets and books of accounts and requested the President and Board of Directors of the Society to settle the arrears of the salary and terminal benefits, etc., which were pending and the said letter was accepted in the Monthly Board Meeting which was held on 15.02.2018 and also passed a Resolution that, physical verification and books of accounts will be verified in a Special Board Meeting on 22.02.2018 at 09.30 AM.  The complainant handed-over the file consisting of list of assets and books of accounts with documents to the New Secretary of BEML Society and in the said Special Board Meeting the President, Vice-President, The Secretary and The Directors were present and after physical verification from 09.30 AM to 06.30 PM on 22.02.2018 they have approved and the same was accepted by the Managing Committee of the Society and in spite of repeated letters and personal approaches made by the complainant the OPs have not settled the pending salary arrears with terminal benefits of the complainant. 

 

02(b).       On 09.05.2018 the complainant sent letters through RPAD to the higher authorities i.e., to (i) the Registrar of Co-operative Societies in Karnataka, Bangalore, (ii) the Joint Registrar of Co-operative Societies, Bangalore Division, (iii) the Deputy Registrar of Co-operative Societies, Kolar.  The higher authorities by considering the request of the complainant has sent letter No.4/71, dated: 13.06.2018 to the Deputy Registrar of Co-operative Societies, Kolar District, Kolar, and directed to settle the pending arrears with terminal benefits to the complainant.  The Deputy Registrar in its letter No.DRK/46/2018-19, dated: 25.06.2018 has directed the Managing Committee which is addressed to President and the Secretary of the OPs to settle the pending salary arrears and terminal benefits immediately, but till today the complainant has not received any letter from the OPs. 

02(c).       The complainant further contended that, he sent another registered letter to OP No.2 by enclosing all the letter correspondences and letters of higher authorities.  As per the BEML Board Resolution dated: 04.01.2006 the complainant has made investment of PF amount with the OP Society which is detailed at Para (i) of the complaint.  The OPs not responded to the repeated requests of the complainant and it amounts to deficiency of service and prays to allow the complaint.

03.   The complainant has filed the following documents along the complaint:-

1. Certificate of Registration and Appointment Approval Orders – Anneuxre-1.
2. Service Book – Annexure-2.
3. Salary Book & Attendance – Annexure-3.
4. Letter Correspondence to the President/Committee/Secretary and Letter from the Department Officers – Annexure-4.
5. Registered Acknowledgment Cards – Annexure-5.
6. PF Remittance Receipts & Resolution Copies – Annexure-6.

 

04.   In response to the notice of this Forum both OPs remained absent and failed to contest the proceedings and were placed as exparte.

05.   On 27.03.2019 the complainant has filed his affidavit evidence in support of his case with respect to retirement benefits and arrears of salary as contended in his complaint. 

06.   We have heard the arguments of the complainant.

07.   Now the points that do arise for our consideration are that:-

(1) Whether is there any deficiency in service on the part of OPs?

 

(2) Whether the complainant is entitled for the reliefs as prayed in the complaint?

 

(3) What order?

 

08.   Our findings on the above stated points are:-

POINT (1) & (2):-      In the Affirmative

       

POINT (3):-      As per the final order

for the following:-

REASONS

09.   POINTS (1) & (2):-

These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, affidavit evidence of the complainant along with documents produced by him.  The complainant has filed this complaint against the OPs and prays to direct the OPs to pay Rs.2,91,630/- towards pending salary arrears, Rs.12,48,489/- towards PF amount, Rs.4,31,538/- towards approximate Gratuity amount along with compensation and litigation expenses of Rs.25,000/- to the complainant. 

10.   On perusal of the order-sheet, it reveals that, the OPs have unclaimed to receive the letters addressed to OPs and it amounts to valid service and OPs were placed exparte and all the allegations raised by the complainant are unchallenged. 

11.   On perusal of copy of Annexure-1 is the Certificate of Registration of “BEML Employees Credit Co-operative Society Limited”, K.G.F., Bangarpet Taluk, Kolar District, issued by the Assistant Registrar of Co-operative Society Limited, Sub Division, Kolar, dated: 19.08.1976.  On perusal of the copies of the Orders dated: 14.01.1991, 25.06.1992, 18.11.1993, 10.04.1995, 19.02.1996 are the approval of cadre strength and pay scales and D.A. to the employees of the OPs issued by the Deputy Registrar of Co-operative Society, Kolar, are at Annexure-1 (eleven documents).  Annexure-2 is the complainant’s Service Book in all 16 pages and at the last page it revealed that, the complainant was retired on 31.01.2018 on attaining superannuation at the age of 60. 

12.   The complainant has also produced Xerox copies of the salary slips from December-2016 to September-2017 marked at Annexure-3 from Page-1 to Page-10 and it clearly reveals about the salary due to the complainant and also produced Xerox copies of the attendance register of the complainant from September-2017 to February-2018 marked at Annexure-3 from Page-11 to page-16.  The complainant has also produced Xerox copies of the letters dated: 18.01.2018, 12.02.2018, 15.02.2018, 09.05.2018, 20.07.2018, issued by the complainant to the OPs and the same were marked at Annexure-4 from page-1 to page-7 to settle the relief as prayed in the complaint.  Further the complainant has also produced copies of the letter dated: 25.06.2018 issued by Deputy Registrar of Co-op society, Kolar, and letter dated: 13.06.2018 issued by the Joint Registrar of Co-op societies, Bangalore, to settle the dispute.  The complainant has also produced Xerox copies of the postal receipts and postal acknowledgments at Anneuxre-4 from page-8 to page-12.  Furthermore the complainant has also submitted Xerox copies of the PF remittance receipts and Board Meeting resolution copies at Annexure-4 from page-13 to 36. 

13.   On perusal of the affidavit evidence of the complainant and the documents produced by him i.e., Annexure-1 to 4 and as discussed above are all goes unchallenged and it clearly goes to show that, the complainant entered the service on 12.01.1983 and retired on 31.01.2018 on attaining superannuation at the age of 60 and served the OP-society for about 35 years 19 days without any bad remarks, but the OPs with holded 15 month salary of the complainant and so also the retirement benefits as contended by the complainant in spite of repeated issuance of notice against OPs and it amounts to negligence and deficiency in service on the part of the OPs.  The OPs are liable to pay Rs.2,91,630/- towards salary arrears and a sum of Rs.12,48,489/- towards PF amount and a sum of Rs.4,31,538/- towards Gratuity amount which are not paid to the complainant by the OPs.  Hence as discussed above the complainant is entitled for the relief as prayed by him and accordingly we answer these above points are in the affirmative. 

POINT (3):-

14.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant against OPs is hereby allowed.

02.   The OPs are hereby directed to pay to the complainant a sum of Rs.2,91,630/- towards salary arrears and a sum of Rs.12,48,489/- towards PF amount and a sum of Rs.4,31,538/- towards Gratuity amount.

03.   The OPs are directed to pay Rs.3,000/- towards litigation expenses and compensation of Rs.8,000/- to the complainant.

04.   The OPs are also directed to comply the above said amount within 30 days from the date of receipt of the order failing which, the above awarded amount shall carry interest @ 6% pa from the date of pronouncement of the order till realization except litigation expenses and compensation amount. 

 

05.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 04^th DAY OF APRIL 2019)

 

 

   LADY MEMBER                            PRESIDENT