DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

E.A. No- 229/2013

                                                            Arising out of 361/2012

Date of Filing:                                                                                       Date of Disposal:

19.09.2013                                                                                        26.11.2018    

Dhr/s:                                      Sri Tapas Kumar Datta,

                                                S/o. Late Dilip Kumar Datta,

                                                7D, Rammohan Saha Lane,

                                                P.S. Burtolla, Kolkata- 700006.

=Vs=

Jdr/s :-                           1.       Regional Provident Fund Commissioner,

                                                EPFO Regional Office, Bhagirathi Complex,

                                                Near Circuit House, Karamtoli,

                                                Ranchi-834001, Jharkhand.

                                      2.       Additional Central Provident Fund Commissioner,

                                                (WB, NER, Jharkhand), Bhavishya Nidhi Bhawan,

                                                D. K. Block, Sector_II, Salt Lake, Kolkata-91.

                                      3.       The Central Provident Fund Commissioner,

                                                EPF Organization, Bhavishya Nidhi Bhawan,

                                                14, Bhikaji Cama Place, New Delhi-110066.

 P R E S E N T  :-       Sri Bankim Chandra Chattapodhyay……………President.

  :-       Smt. Silpi Majumder  ……………………………………Member.

  :-       Smt. Monisha Shaw …………………………………….Member.

Order No. 28

Parties are present through their respective Ld. Advocates. Today is fixed for making payment of compensation by the Jdrs to the Dhr. By filing a petition the Ld. Counsel for the Jdrs have stated that on 24.05.2017 they have paid the entire compensation component to the tune of Rs. 92,866/- to the Dhr through NEFT . The Dhr has admitted that he got the said amount. Today on behalf of the Dhr a petition is filed wherein it is stated that the Jdrs did not pay the full compensation as awarded by the Ld. Forum in the order dated 19.07.2013, under Para 12(7A) of the Employees Pension Scheme, 1995, minimum pension at the rate of Rs. 1,000/- per month for the period from 23.05.07 to 31.08.2014 under Para 17A EPS’ 95 penal 12% interest on the benefit amount for over 6 years ‘ delay i.e. 30.03.2011 to 09.06.2017 in making payment of pension amount, the Jdrs are also under the obligation to pay the above mentioned amount.

Upon receipt of the copy of this application Ld. Counsel for the Jdrs has raised vehement objection stating that the Dhr is not entitled to get the above mentioned benefits at all and accordingly the petition filed by the Dhr is liable to be dismissed.

Contd/……………..2

E.A. No- 229/2013

:2:

Upon perusal of both petitions filed by the parties and hearing on the same, we are of the view that the petition filed by the Jdrs can be allowed as the Jdrs have complied with the order under execution by making payment of the compensation to the Dhr as per direction. But the prayers as made out in the petition by the Dhr cannot be allowed on the ground that the said reliefs do not come within the order under execution. Being Executing Forum we cannot go beyond the decree and hence the additional releifs as sought for by the Dhr cannot be entertained. The Dhr is at liberty to take steps in accordance with law.

Be it mentioned that the Jdrs have paid the punitive damage on the earlier occasion. As the Jdrs have fully complied with the order under execution, hence the E.A being No. 229/2013 is hereby disposed of on full and final satisfaction.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Member                                     Member                                      President

                                                                                     Dictated & Corrected by me