DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.



Complaint no.98 of 10.2.2009. Date of Order 19.3.2009.



Chattar Parshad son of Sh. Basant Kumar C/o E-33, Kitchlu Nagar, Ludhiana.



….Complainant.

Versus



Regional Commissioner, Provident Fund Bhavishya Nidhi Complex, Sham Nagar, Ludhiana.



….Opposite party.



COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986.



Quorum:

Sh. T.N. Vaidya, President.

Sh. Rajesh Kumar, Member.



Present: Sh. A.K. Kapoor Rep. of the complainant.



O R D E R



T.N. VAIDYA, PRESIDENT:



1- We have heard representative of the complainant. We feel that this complaint is not maintainable in this Fora. Our this conclusion would be fortified from own allegations of the complainant. Allegations of the complainant are that he is an industrial worker, working in M/s Shiv Rubber Industries, Ludhiana and contributing towards ESI and PF schemes vide ESI No.7523221. On 21.12.1993, while on duty, met with an accident, resulting in amputation of his both hands, due to which, was incapacitated. Then applied for disability pension which was rejected by opposite party on 1.9.2008, 21.10.2008 and 15.1.2009, on grounds that his employer had not deposited PF of the complainant beyond 31.7.1993. It is in these circumstances, claim of the complainant that he be paid disability pension and amount of PF.

2- The matters agitated by the complainant are governed under Employees Provident Fund Act, 1952. If a person is aggrieved by any action under the Act, is empowered u/s 7(d), to approach Appellate Tribunal, constituted under the Act. Hence, in these circumstances, we can not pass any directions in favour of the complainant, as he is not a consumer under the opposite party. Opposite party was discharging his statutory functions and for discharge of such function, we can not pass any order. Therefore, complainant may approach the Appellate Tribunal, constituted under the Employees Provident Fund Act, for relief , as sought in this complaint. Hence, complaint can not be admitted and is dismissed. Copy of order be sent to complainant. File be consigned after registration.



Announced on 19.3.2009. T.N. Vaidya, President.