First Appeal No. 702 of 2016. Case: Northern Zone Railway Employees Co-operative Thrift and Credit Society Ltd. Vs Charanjiv Lal. Chhattisgarh State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 702 of 2016
Party NameNorthern Zone Railway Employees Co-operative Thrift and Credit Society Ltd. Vs Charanjiv Lal
CounselFor Appellant: Avinash Sharma, Advocate and For Respondents: Raman Goklaney, Advocate
JudgesJ.S. Klar, (Presiding Member (J)) and Surinder Pal Kaur, Member
IssueConsumer Protection Act, 1986 - Section 12
Judgement DateApril 03, 2017
CourtChhattisgarh State Consumer Disputes Redressal Commission

Order:

J.S. Klar, (Presiding Member (J)), (Chandigarh)

  1. The appellant has directed this appeal against order dated 20.07.2016 of District Forum Ferozepur, directing the appellant to make payment of the deposited amount by the respondent of this appeal since 1998 uptill the latter's retirement with interest thereupon. The appellant has been further directed by District Forum to pay Rs. 5000/- as consolidated compensation to the respondent of this appeal. The appellant of this appeal is the opposite party in the original complaint before District Forum and respondent of this appeal is the complainant therein and they be referred as such hereinafter for the sake of convenience.

  2. The complainant has filed the complaint U/s 12 of The Consumer Protection Act, 1986 (in short, "the Act") against the OP on the averments that he is retired employee of Railway Department. He was working as Motor Mechanic in the office of Divisional Railway Manager Northern Railway Ferozepur Cantt and he retired from his service in the month of August 2012. He used to deposit Rs. 50/- every month from the month of December 1998 till 31.08.2012 without fail during his service period as LIS. OP was having registration No. 13206, a/c No. FC11358 Old DRM Office Ferozepur Cantt and LIS payment was to be paid to complainant by OP on the occasion of his retirement from his service. The complainant is, thus, consumer of the OP. After retirement, he approached OPs for making LIS payment to him on number of times, but to no use. The complainant moved an application dated 13.07.2015 to OP through registered post with the request to make the LIS payment to him, but all in vain. The complainant also sent reminders on dated 05.08.2015, as well as, 09.09.2015 to OP in this regard. After waiting for a long period, OP put off the matter on one pretext or the other and flatly refused to make the LIS payment to complainant. OP sent vague reply to complainant on 21.09.2015. OP has been indulging in unfair trade practice by not making the above payments to complainant deliberately. The complainant has, thus, filed complaint against OP directing them to make the LIS payments to complainant immediately, besides compensation of Rs. 50,000/- and Rs. 11,000/- as cost of litigation.

  3. Upon notice OP was set ex-parte, vide order dated 27.05.2016 of District Forum Ferozepur.

  4. The complainant tendered in ex-parte evidence his affidavit Ex. C-1 along with copies of documents Ex. C-2 to Ex...

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