Date of Filing : 08.08.2022

  Date of Disposal : 21.02.2023

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:21.02.2023

PRESENT

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

APPEAL No.1652/2022

The Assistant Provident Fund Commissioner

Employees Provident Fund Organisation

Regional Office,

Bhavishya Nidhi Bhavan

PB No.572, Highlands Silva Road

Magalore-575 002                                                            Appellant

(By Mrs. Nalini Venkatesh, Advocate)

                 -Versus-

Sri Poovappa

S/o Boocha Gowda

Aged about 52 years

Panjigudde House

Perodi Via Padnoor

Puttur Taluk, Dakhina Kannada                                     Respondent

(By Mr. D.Krishnamoorthy, Advocate)

            : ORDER :

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1.       This is an Appeal filed under Section 41 of Consumer Protection Act 2019, by OP aggrieved by the Order dated 20.06.2022 passed in Complaint No.109/2020 on the file of District Consumer Disputes Redressal Commission, Mangalore (for short, the District Commission).

2.       The Learned Counsel for the Appellant is present.

3.       None appeared on behalf of Respondent.

4.       Heard the learned Counsel for the Appellant and she submits that Appellant had already filed a Memo dated 03.01.2023 with one document, conveying therein to Smt. Nalini Venkatesh Advocate, Bangalore by Mr. Sandeep Kumar, Regional PF Commissioner-II Legal of Employees Provident Fund Organisation, Mangalore that “The RoC amount Rs.31,330/- has been released to Shri Poovappa, son of the deceased member and it is advised to get the Order dated 20.06.2022 of Hon’ble DCDRF, Mangalore quashed/dismissed so that no interest, penalty and disciplinary action required as ordered by the Hon’ble DCDRF, Mangalore’’.  In view of payment of Rs.31,330/- to the Respondent, it is requested that the Order of the District Commission may be set aside.

5.       In view of foregoing, the Impugned Order dated 20.06.2022 passed in Consumer Complaint No.109/2020 on the file of District Consumer Disputes Redressal Commission; Mangaluru is required to be modified in the following terms:

          OP is directed to pay interest @ 8% p.a on Rs.31,330/- from the Date of Complaint till date of payment of the same is made, besides directing to comply with the directions of the District Commission to pay Rs.10,000/- as Compensation and Rs.5,000/- as Litigation cost to the Complainant, within 60 days from the date of this Order.   Accordingly, Appeal No.1652/2022 stands disposed off.

6.       Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

                                                                     President

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