Case nº Mr. V.K. Jain, Presiding Member and Dr. B.C. Gupta, Member of National Consumer Disputes Redressal Commission, September 11, 2015 (case 1. Assistant Provident Fund Commissioner and Anr. 2. Regional Provident Fund Commissioner Vs 1. Shyam Sunder Aggarwal)
| Judge | For Appellant: Ms. Sneh Lata, proxy counsel for Mr. Amit Gupta, Advocate and For Respondents:NEMO |
| President | Revision Petition No. 1937 Of 2015, (Against the Order dated 07/04/2015 in Appeal No. 43/2014 of the State Commission Rajasthan) |
| Resolution Date | September 11, 2015 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
V.K. Jain, Presiding Member (Oral)
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The respondent/complainant, who was earlier working with Saraswati Sugar Mills, left the service of the aforesaid employer and joined the service of Lodha Offset Printer at Jodhpur. A cheque of Rs.19,85,796/- sent by the previous employer of the complainant was received in the office of the petitioner on 06.06.2006. The aforesaid cheque included interest till May 2006. According to the complainant, though the cheque had been received by the petitioner on 06.06.2006, interest for the month of June 2006 was not paid to him. After leaving the services of Lodha Offset Printer in March he joined the services of T.P. Multimedia. On joining T.P. Multimedia, he applied for transfer of his provident fund accumulation from his Account No.RJ/7216/242 with Lodha Offset Printer to Account No.RJ/17434/21 with T.P. Multimedia. The requisite documents in prescribed form were duly received by the petitioner. The complainant left the services of T.P. Multimedia after two months and applied for withdrawal of his provident fund accumulation. His request was duly received by the petitioner on 15.05.2008. According to the complainant, he started construction of his house in anticipation of receipt of payment of his provident fund accumulation but had to stop the same since the said payment was not received. When he approached the office of the petitioner, he was informed that his application for transfer of his provident fund accumulation from Lodha Offset Printer to T.P. Multimedia had been misplaced and he was asked to submit another application. Having no alternative, he submitted a fresh application. However, only a sum of Rs.4343/- was paid to him by the petitioner and he was asked to fillup another application form, for withdrawal of the provident fund accumulation lying in his account with Lodha Offset Printer. Eventually, a payment of Rs. 23,66,555/- was made to the complainant, which he received on 07.09.2008. According to the complainant, though he was entitled to Rs.2,40,3299/-, the payment made to him was less by Rs.36,744/-. He claimed that no interest was made to him for June 2006 and August 2008. Alleging deficiency on the part of the petitioners, he approached the concerned District Forum seeking the following reliefs:-
a) Less payment of interest as mentioned above and as per statement enclosed Rs.36,744/-
b) Extra amount spent by complainant for construction of house because of delay on the part...
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