NCDRC

NCDRC

RP/1090/2011

CAPT. C.P. GUPTA - Complainant(s)

Versus

INDIAN AIRLINE EMPLOYEES PROVIDENT FUND TRUST & ORS. - Opp.Party(s)

M/S. SANDEEP AGARWAL ASSOCIATES

16 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1090 OF 2011
 
(Against the Order dated 10/11/2010 in Appeal No. 433/2010 of the State Commission Delhi)
1. CAPT. C.P. GUPTA
R/o. 302, Saffire Court, Essel Tower, M.G. Road
Gurgaon
Haryana - 122002
...........Petitioner(s)
Versus 
1. INDIAN AIRLINE EMPLOYEES PROVIDENT FUND TRUST & ORS.
Indian Airlines, IGI Airport, Terminal-I
New Delhi
Delhi
2. SH. V. KASHYAP, MANAGER (FINANCE)
Indian Airlines, IGI Airport, Terminal-I
New Delhi
Delhi
3. INDIAN AIRLINES
Airlines House, Gurudwara Rakabganj Road
New Delhi - 110001
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Sandeep Agarwal, Advocate
with Mr. K.A. Singh, Advocate
For the Respondent :
Mr. Lalit Bhasin, Sr. Advocate
with Mr. Ravi Gopal, Advocate

Dated : 16 Apr 2012
ORDER

ORDER

On retirement, the petitioner was not released the provident fund due to him. Petitioner filed the complaint. During the pendency of the complaint, certain amounts were released except the sum of Rs.44,449/- alongwith interest @ 18%.

District Forum allowed the complaint and directed the respondents to release the amount of Rs.44,449/- alongwith interest @ 18%.

Being aggrieved, respondents filed the appeal before the State Commission, which modified the order of the District Forum, aggrieved against which petitioner filed revision petition No.456/1998. This Commission disposed of the revision petition on 3.12.2002. The order of the State Commission was set aside and that of the District Forum restored with the modification that the respondent shall pay the balance of the interest on the amount of provident fund to his credit uptill 31.3.1993. Order was modified on 4.4.2003 and it was ordered

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that “31.3.1993 be read as 31.7.1993”. Respondents thereafter filed an appeal before the Supreme Court which was dismissed. On dismissal of the appeal by the Supreme Court, respondents paid the interest to the petitioner upto 31.7.1993. This payment was made on 29.5.2009.

Petitioner being aggrieved filed the execution claiming interest till the date of payment i.e. May, 2011. District Forum disposed of the execution application by observing that the order sought to be executed stood complied with. Petitioner filed the appeal before the State Commission, which was dismissed, aggrieved against which, present revision petition has been filed.

Learned counsel for the respondents contends that the petitioner is entitled to the interest on the provident fund upto the date of payment and not upto 31st July, 1993. He fairly concedes that the petitioner would be entitled to the interest at the rate specified under the Act and not @ 18%.

Shri Lalit Bhasin, learned Senior Advocate appearing on behalf of the respondents fairly concedes that the respondent

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are liable to pay interest on the balance amount of provident fund upto the date of payment and not upto 31st July, 1993 at the rate specified under the Act from time to time. He further states that the balance amount shall be paid to the petitioner within 8 weeks from today.

In view of the statement made by learned counsel for the respondents, the revision petition is partly allowed. Respondents are directed to pay the interest on the sum of Rs.44,449/- for the remaining period from 1st August, 1993 till May 29, 2009 at the rate specified under the Act from time to time within 8 weeks.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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