DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.119/2020
Date of Filing: Date of Admission Date of Disposal:
02.12.2020 18.12.2020 27.03.2023
Complainant/s:- | Jawahar Lal Prasad, 41/1, Hare Ghosh Road, Authpur, North 24 Parganas, P.S. Jagatdal. =Vs.= |
Opposite Party/s:- | 1.Vinod Kothari Liquidator, M/s. Nicco Corporation Ltd, Works at Authpur, North 24 Parganas, Pin-743128. Office at Krishna Building, 224, AJC Bose Road, Kolkata-700017, P.S. Shakespeare Sarani. 2. Kartick Kumar Chatterjee, Chairman Board of Trustees, Nicco Employees Gratuity Trust Fund, 225/1, C.I.T Road, 3rd Floor, Flat No. C, Scheme-IV-M, Kolkata-700010, P.S. Beleghata. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Shri Abhijit Basu……………………..Member.
JUDGMENT / FINAL ORDER
The complainant filed this case as per Consumer Protection Act.
The brief facts of the case is as follows:-
The complainant was an employee of M/s. Nicco Corporation. The complainant alleged that the service was illegally dismissed. The complainant claimed his payment of gratuity before Controlling Authority at Barrackpore under payment of gratuity Act. The authority disposed and issued order through Memo No. B/1003/(1)/G-43/15/JLC within an order of payment of Rs. 1,14,840/- along with 10% interest after the date of termination of service. Thereafter liquidator had been appointed to provide his service for setting the dues of the creditor under ibc 2016. The authority was not paid the gratuity amount hence the case filed by the complainant. After filing the case this O.P. No.2 paid Rs. 1,14,840/- on 15.02.2021 to the Complainant but the O.P did not pay any interest. No interest was paid as ordered by said controlling authority, under the payment of Gratuity Act, 1972, Barrackpore , North 24 Parganas.
Now, the issue is whether the case is maintainable or not and whether the complainant is entitled to get any relief as per Consumer Protection Act or not.
Decision with Reasons
Considering the facts and circumstances and nature and character of this case all the points are taken up together. This case is within territorial & pecuniary jurisdiction of this Commission.
On perusal of material on record and complaint and argument and BNA filed by the complainant it is revealed that the complainant is entitled to get relief as prayed. The Controlling Authority at Barrackpore under payment of gratuity Act 1972, passed an order for payment of Rs. 1,14,840/- with 10% interest. The liquidator paid the amount of Rs. 1,14,840/- but they did not pay the interest which was passed by the said authority. Therefore the opposite parties are liable to pay the interest amount which was passed by said authority with 6% interest from the date of order since realization.
All the points are considered.
Hence,
it is ordered,
that the case being No. 119/2020 be and the same is heard exparte as the opposite parties
did not appear before this commission.
Contd./-2
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C. C. CASE NO. 119/2020
It is hereby directed to the opposite parties to pay the admissible amount of interest to the complainant named Sri Jawahar Lal Prasad as order passed by the Controlling Authority under payment of gratuity Act, 1972, Barrackpore, North 24 Parganas alongwith 6% interest upon the admissible amount of interest from the 17th August, 2020 till recovery within two months from the date of judgment. Failing which the complainant has liberty to file the execution case as per law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
Member
Member Member
