1.  The case of the complainant is that his son was working as carpenter in the private and Government organization. The son of the complainant has availed job card form the Govt. of Odisha.    and deposited Rs.50/-   on 29.5.2013 for the annual contribution of 2013 vide his beneficiary Regd. No. OR0602249 under the Building and other construction worker (RE and CS) Act,1996. He also deposited Rs.50/- on 8.8.2014 for annual contribution, 2014. The son of the complainant died on 8.8.2014 leaving his parents and other relative at Cuttack. The complainant has applied with the O.P in the month of December 2014 with required documents for availing compensation. The complainant approached the O.P for payment of his death benefit compensation. As the O.P.did not comply the same, the complainant filed this case for compensation alongwith the compensation.

                2. After being noticed, the O.P. appeared and filed their counter in this cases. The case of the O.P. is that the case is not maintainable in the eye of law as   no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done and pursuance of this act or  any rules or  order and made there under. The case is not maintainable under section 59 of Building and Construction Worker(RE and CS) Act, 1996.However, on receipt of the application for death benefit after being complying all formalities, the O.P. has sanctioned Rs.1, 00,000/-(one lakh) as compensation only under Rule 271 and Rs.5,000/- towards funeral assistances under Rule 278(A) of Odisha, building and other construction worker Welfare (RE and CS) Rule 2002.The same amount has been deposited in the bank account of the complainant bearing No.34231849459 and the same has been availed by the complainant. The O.Ps further prays to dismiss the case against the O.P. In the meantime the complainant had received the amount as per the written statement filed by the O.P and the complainant has not interest to take up the case.

   Taking into consideration of the case of the complainant so also submission made by the O.P we dismiss the case of the complainant as this case is not maintainable as per the Section 59 of the Building and other construction work ers (RE and CS) 1996.

      Order pronounced in the open court under the seal and signature of the forum this the 16th day of March, 2017.