| JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI | | FINAL ORDER |
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| First Appeal No. A/170/2015 | | (Arisen out of Order Dated 27/11/2015 in Case No. CC/38/2014 of District Bokaro) |
| | | | 1. The Commissioner Employee Provident Fund Organization | | Regional Office, Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S.- Lalpur, Ranchi | | Jharkhand |
| ...........Appellant(s) | |
| Versus | | 1. Vinay Kumar Ojha | | R/o- Qr. No.7005, Sector IV/F, Bokaro Steel City, P.S.- Sector -IV | | Bokaro | | Jharkhand | | 2. The General Manager, INOX AIR Products Ltd. | | inside the premises of Bokaro Steel Plant, Steel Authority of India Limited, Near HSCL, Construction Equipment Zone, Bokaro Steel City, Bokaro, Jharkhand | | 3. The Commissioner, Employees Provident Fund Organization | | Regional Office, 132A, Ridge Road, Tukdoji Squere, Rangoji Nagar, Nagpur, Maharashtra |
| ...........Respondent(s) |
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| BEFORE: | | | | HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT | |
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| For the Appellant: | | Mr. Rupesh Singh, Advocate |
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| | For the Respondent: | |
| ORDER | 31-12-2015 – Due to long and uncertain period of absence of the Members, single member bench of President is functioning in their absence, in view of the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank; and the judgement passed by Hon’ble Kerala High Court in the W.P. (C) No. 30939 of 2010 (N) P.K. Jose -vs- M. Aby & ors. - Heard Mr. Rupesh Kumar Singh, learned counsel appearing for the O.P.No.2- appellant (Regional office, Ranchi for short).
- He submitted that as per the paragraph 60 (6) readwith paragraph 72(6) of the Employees Provident Fund Scheme, no interest was payable to the complainant after his EPF account became Unclaimed Deposit w.e.f. 1.4.2011, i.e. after three years of last deposit on 31.3.2011.
- He alternatively submitted that the learned District Consumer Forum did not find any deficiency in service on the part of the Regional office, Ranchi –appellant, and therefore it could not direct the O.P. No. 2- appellant- Regional office, Ranchi, to pay interest and compensation etc.
- It appears that the learned District Consumer Forum held that due to mentioning the EPF account number wrongly by the Regional office, Nagpur, (O.P. No.3) there was a long delay in transfer of the EPF amount in the account of the complainant at Regional office, Ranchi. The operative portion of the impugned order reads as follows;
“So complainant is entitled to get interest @ 8.75% P.A. on the total amount of Rs. 7,76,426/- for the period from 08.11.2012 till 30.6.2013,( from the date of calculation of EPF amount by O.P. No.3 to the date on which the amount was credited in the EPF account of the complainant in his A/c No. JH/RAN/ 31890/01). Accordingly, complaint is allowed and O.P. No.2 and 3 are directed to pay interest @ 8.75% per annum on the total amount of Rs. 7,76,426/- to the complainant for the period from 08.11.12 to 30.6.13 and also is directed to pay compensation of Rs. 5,000/- for causing for negligence and deficiency in service.” - In my opinion, the first submission of Mr. Rupesh Kumar Singh can not be accepted, as the learned District Consumer Forum has not granted interest as per the EPF Act/ Scheme, rather it has allowed interest for deficiency in service.
- However, his alternative submission has got some force. There is no finding of deficiency in service on the part of O.P. No.2- appellant Regional office, Ranchi. Therefore, it could not be directed to pay interest and compensation etc.
- In the circumstances, the impugned order is modified to the extent that the said directions will be on O.P. No.3 – R 3- Regional office, Nagpur only.
With this modification, this appeal is disposed off. Issue free copy of this order to all concerned for information and needful. Ranchi, Dated:-31-12-2015 | |
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| | | [HON'BLE MR. JUSTICE R.K. Merathia] | PRESIDENT
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