BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
and
Smt C.Preethi, M.A., LL.B., Member
Monday the 20th day of November, 2006
CC.No. 135/2006
G. Chalapathi, S.I of Police, S/o. G.P. Laxmaiah (late),
H.No. 80-1-2-3-1, Plot No. 12, Venkatadari Nagar, Kurnool. . . . Complainant -Vs-
The Superintending Engineer, Operations A.P.C.P.D.C.L,
Near New Bus stand, Kurnool. . . . Opposite party
This complaint coming on this day for order in the presence of Sri.Challa Sudhakar Reddy, Advocate, Kurnool for complainant and opposite party called absent set exparte and stood over for consideration till this day the forum made the following:-
O R D E R
(As per Smt C.Preethi, Hon’ble Lady Member)
1. This consumer complaint of the complainant is filed under section 11 and 12 of C.P. Act, 1986, seeking a direction on opposite party to make necessary adjustment in G.P.F statement of the complainant where missing credits are found, Rs.1,50,000/- towards compensation for mental agony, Rs.1,50,000/- for deficiency of service and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant case is that the complainant working in Police Department, due to call work in A.P.C.D.C.L on deputation on payment base, he was sent to said department (opposite party). Accordingly the, opposite party utilized his services and paid his salary every month by making deduction from his salaries towards G.P.F, F.A, A.P.G.L.S.G.I.S etc periodical in a calendar year. The complainant is one of the subscriber of GPF having account bearing No. 75159/P 01 and the deductions made towards G.P.F should be sent to Accountant General A.P Hyderabad. The statement of GPF sent by AG’S office shows that there are many missing credits to the complainant’s account but the said amounts were already deducted by opposite party from the complainant’s salary. According to GPF statement the opposite party/ controlling authority did not send the missing credits amount to AG’S Office. Hence, it is purely deficiency of service on part of opposite party. Thereafter, the complainant requested the opposite party several times to credit the missing credits but opposite party failed, to comply the request, being vexed got issued legal notice dated: 30.05.2006 to opposite party, State Bank of India, Kurnool and District Treasury Office, Kurnool and AG, office all gave reply except opposite party hence, the above conduct of opposite party constrained the complainant to resort to the Forum for redressal.
3. In substantiation of his case the complainant relied on the following documents Viz (1) statement of AG Office dated 2.7.2005 in the year 2004/2005 (2) legal notice dated 30.5.2006 of the complainant’s advocate addressed to opposite party and others (3) postal acknowledgement and receipts numbering 8 (4) replies of State Bank of India and Office of Accountant General to the complainant’s Advocate (5) pay slips for the month of January 2005 and June 2005 (6) statement of AG’S dated 3.7.2006 for the years 2005-2006 (7) proceedings of Director General of Police Administration A.P Hyderabad dated 29.11.2000, besides to the sworn affidavit of the complainant in reiteration of his complaint averments and the above documents are marked as Ex A.1 to A.7 for its appreciation in this case.
4. The opposite party in spite of receipt of notice as to this case of the complainant did not appear before the Forum and remained absent though out the case proceedings and were made exparte.
5. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite parties:?
6. The case of the complainant is that he was working under Police department and on due call from opposite party, the Police Department vide Ex A.7 proceedings of Addl. Director General of Police, dated 29.11.2000 relived him from the Police Department and issued instructions to report immediately before the Joint Managing Director (V&S) A.P Transco and posted the complainant to report the duty at Kurnool. The complainant’s case is that he was paid salary by opposite party by making deductions to pay to GPF, FA, A.P.G.L.S.G.I.S etc periodically but the deductions made towards GPF were not credited to the GPF account of complainant. The Ex A.1 is the statement of AIS/ Joint Provident fund accounts in the years 2004/2005, in the said exhibit, there are many missing credits to the account of the complainant and the disbursing Officer was opposite party. The Ex A.6 is the statement of AIS/ Joint Provident Fund accounts in the years 2005/06 and the disbursing Officer was Administration Officer District Police Office, Kurnool, even in the said exhibit there are many missing credits to the GPF account of the complainant. The complainant, thereafter requested the opposite party to credit the missing credits in Ex A.5 and A.6 to his GPF account but the opposite party failed to respond, hence, got issued legal notice dated 30.5.2006 vide Ex A.2 addressed to (i) Accounts General (A& E) Hyderabad AP ii) The District Treasury Officer (iii) The State Bank of India, and (iv) The Superintendent Engineer Operations of AP Transco. The said Ex A.2 legal notice was received by the addressees vide Ex A.3. The Ex A.4 is the reply dated 3.6.2006 and 12.7.2006 of State Bank of India and Office of Accountant General respectively addressed to the complainant’s advocate, stating to contact the drawing Officer for payment of missing credits, and requests to furnish the details relating to the recovery particulars of the missing credits and request to consult Accounts Officer (E&O) APCPDCL, Kurnool for particulars of missing credits and lastly requests to forward the particulars of missing credits so to adjust the credits to the concerned account. The ExA.5 are the two pay slips of the complainant for the months of June and January 2005.
7. The complainant in this case alleges that missing credits to his GPF account was due to negligence and deficiency of service of opposite party, while he was working there, in the Ex A.1 the drawing Officer is opposite party and the Ex A.6 the drawing Office is Administration Officer District Police Office, Kurnool. The complainant in his complaint averments is not clear as to which months the credits are missing for which the opposite party is responsible. The complainant is also not clear as from which date to which date he work with opposite party. The Ex A.7 says the complainant joint the opposite party’s office from December, 2000 and till what date he worked in opposite party’s office is not mentioned in the complaint averments nor in the Sworn Affidavit averments. The missing credits mentioned in Ex A.1 are 3/2001, 4/2001, 12/2001, 12/2003, 1/2004, 1/2005 and 2/2005 to which the opposite party is liable as drawing Officer. Therefore the complainant is certainly remaining entitled to the reliefs sought in the complaint only for missing credits mentioned in Ex.A1.
8. Now the question is to what quantum of reliefs the complainant is entitled to the complainant alleges that missing credits are there in his GPF statement and the said missing credits are to be credited by opposite party, as he worked under opposite party for the said period of missing credits hence the opposite party is directed to credit the 8 missing credits Viz 3/2001, 4/2001, 12/2001, 12/2003, 1/2004, 1/2005 and 2/2005 into the complainant’s GPF account immediately. The complainant in this case claimed compensation of Rs.1,50,000/- for mental agony and another Rs.1,50,000/- for deficiency of service which is un imaginable, compensation is given for the loss or injury caused/suffered which can be proved and the compensation cannot be any imaginary figure. As the opposite party by his deficient conduct of not depositing relevant deductions made from the salary of the complainant into his GPF account the opposite party is liable to pay Rs.1,000/- as compensation and Rs.1,000/- as costs.
9. Consequently, the complaint is allowed directing the opposite party to crediting the above 8 missing credits into the complainant GPF’S account immediately and as opposite party by his deficient conduct of not depositing relevant deductions made from the salary of the complainant into his GPF’S account, the opposite party is also liable to pay to the complainant Rs.1,000/- as costs and Rs.1,000/- as compensation within a month of receipt of this order.
Dictated to the Stenographer, transcribed by him, corrected and pronounced in the Open bench this the 20th day of November, 2006.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex A.1 Statement of GPF slip dated 2.7.2005 in the year 2004/2005, GPF No.
75159/pol.
Ex A.2 Legal notice dated 30.5.2006 of the complainant’s advocate addressed to
opposite party and others.
Ex A.3 Postal acknowledgement and receipts numbering 8.
Ex A.4 Replies of State Bank of India and Office of Accountant General to the
complainant’s Advocate.
Ex A.5 Pay slips for the month of January 2005 and June 2005.
Ex A.6 Statement of GPF slip dated 3.7.2006 for the years 2005-2006.
Ex A.7 Proceedings of Director General of Police Administration A.P Hyderabad
dated 29.11.2000.
List of exhibits marked for the opposite party:- Nil
MEMBER PRESIDENT
Copy to:-
1.Sri Challa Sudhakar Reddy, Advocate, Kurnool.
2.The Superintending Engineer, Operations A.P.C.P.D.C.L. Kurnool, Near New Bus stand.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
