NCDRC

NCDRC

RP/1492/2012

REGIONAL PROVIDENT FUND COMMISSIONER AKOTA - Complainant(s)

Versus

SURESHBHAI CHIMANBHAI PATEL & ANR. - Opp.Party(s)

MR. SHIVANATH MAHANTA

05 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1492 OF 2012
 
(Against the Order dated 17/10/2011 in Appeal No. 233/2010 of the State Commission Gujarat)
1. REGIONAL PROVIDENT FUND COMMISSIONER AKOTA
28 Bhavishya Nidhi Bhawan Wazirpur Industrial Area,
Delhi - 110034
...........Petitioner(s)
Versus 
1. SURESHBHAI CHIMANBHAI PATEL & ANR.
P.O At Karakhdi,Tal Padra
Vadodara
Gujarat
2. Principal, Vakal High School,
Mobha Road, Tal Padra
Vadodra
Gujarat
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. SHIVANATH MAHANTA
For the Respondent :NEMO

Dated : 05 Jul 2012
ORDER

Heard learned counsel for the petitioner. The complainant filed complaint before the District Forum for refund of Rs.46,739/- which was deducted from his salary towards EmployeesProvident Fund Account and was deposited on the name of Principal, Vakal High School, Mobha Road, which was a joint account of all the employees of Vakal High School. The petitioner/opp.party did not appear before the District Forum. Hence the District Forum passed ex-parte order and allowed the complaint. The State Commission dismissed the appeal on the ground of inordinate delay of 444 daysin filing the appeal. Apparently, there was no satisfactory explanation before the State Commission, for condonation of delay. Petitioner has filed this revision petition again, with a delay of 51 daysand apparently, there is no reasonable explanation for condonation of delay. Orders passed by the District Forum and the State Commission are just and proper and, looking to the inordinate delay in filing this revision petition as well as the appeal before the State Commission, this revision petition is liable to be dismissed, in limine. Hence, the revision petition is dismissed, in limine, with no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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