Orissa

Sambalpur

EA/9/2022

Prafualla Kumar Das - Complainant(s)

Versus

The Chief Provident Found Commissioner - Opp.Party(s)

06 Nov 2023

ORDER

District Consumer Disputes Redressal Commission, Sambalpur
Near, SBI Main Branch, Sambalpur
Uploaded by Office Assistance
 
Execution Application No. EA/9/2022
( Date of Filing : 29 Aug 2022 )
In
Complaint Case No. CC/86/2011
 
1. Prafualla Kumar Das
At.-Shanakar Nager, P.O.-Budharaja, Dist.- sambalpur.
...........Appellant(s)
Versus
1. The Chief Provident Found Commissioner
New Delhi, Bhavishyanidhi Bhawan, 14, Bhikaiji cama Place, New Delhi-110066.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dr. Ramakanta Satapathy PRESIDENT
 HON'BLE MR. Sadananda Tripathy MEMBER
 
PRESENT:
 
Dated : 06 Nov 2023
Final Order / Judgement

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                     EXECUTION COMPLAINT NO. 9/2022

                                                                            (Arising out CC Case No. 86 of 2011)

Prafulla Kumar Sahu,

S/O-Late Sudersan Sahu, R/O-Sankar Nagar,

PO-Budharaja, Dist- Sambalpur-768004.                     ...………..Complainant/D.Hr

 

                                                Versus

  1. The Chief Provident Fund Commissioner,

Employees Provident Fund Organisation,

Bhavishyanidhi Bhawan, 14, Bhikaiji Cama Place,

New Delhi-110066.

  1. The regional Provident Fund Commissioner, SRO,                                                     Bhavishyanidhi Bhawan , Panposh Road,

Rourkela-769004.                                                 …………Opp.Parties/J.Drs

 

ORDER Dated 06.11.2023

  1. This execution case is arising out of C.C. Case No. 86/2011 and order was passed on 06.10.2016. In the said order the O.Ps were directed to pay interest @12% from 09.10.2010 to 22.09.2011 till payment. Compensation of Rs. 10,000/- was granted and directed to pay within one month of receipt of the order. In case of non payment the amount will carry 12 % interest from the date of order till payment.

The D.Hr. has calculated the receivables details till 29.08.2022

  1. 12% interest on Rs. 21,300/- from 09.10.2010 to 22.09.2011      Rs. 2440/-
  2. Compensation                                                                               Rs. 10,000/-
  3. Interest @ 12% on Rs. 10,000/- from 06.10.2016                          Rs. 7,075/-

to 29.08.2022

                                                                              Total Rs. 19,515/-

  1. The J.Drs are liable to pay further interest @ 12% on Rs. 10,000/- from 30.08.2022 till payment in full.
  1. The J.Drs admitted that notice in execution case was received on 07.09.2022. Immediately calculation was made @ 12% P.A. for Rs. 29,636/- and the same was handed over to D.Hr.vide D.D. No. 737470 dated 14.09.2022 at his residence at Budharaja, Sambalpur on 15.09.2022.

The detail calculation of the J.Drs are as follows:-

  1. Interest on arrear pension of Rs. 21,530/- from                       Rs. 2460/-

09.10.2010 to 22.09.2011.

  1. Compensation                                                                           Rs. 10,000/-
  2. Interest from 06.10.2016 to 14.09.2022.                                  Rs. 7126/-

On Rs. 10,000/- compensation.

  1. Cost of present Execution case-Interest on Rs. 10,000/-          Rs. 10,050/-

From 30.08.2022 to 14.09.2022                                                              

                                                                                                            Rs. 29,636/-

The amount has been acknowledged by the D.Hr.

  1. Perused the claim details and payment details of the parties. This execution case was filed on 29.08.2022 although in C.C. Case No. 86/2011 order was passed on 06.10.2016. The J.Drs have paid the amount of Rs. 29,636/- as per order of this Commission. The J.Drs have explained under what circumstances order was not complied. As per section 71 of the C.P. Act, 2019 the J.Drs have complied the order after notice of this Commission. Learned advocate for the D.Hr. submitted that within one month of the order in C.C. Case No. 86/2011 the payment has not been made intentionally to harass the D.Hr. and it is a violation and the section 72 of C.P. Act, 2019 attracts. Accordingly, punishment be given to the J.Drs.
  2. In defence the J.Drs submitted that immediately after the pronouncement of the order in C.C. Case No. 86/2011 the payment could not be made. After advocate notice dated 17.11.2016 also due to misplacement payment could not be made due to installation of compact almirah and modular sitting furniture installation. During 2018 the J.Dr. No.1 directed the J.Dr. No.2 vide letter No. 49 dated 24.05.2018 and no 125 dated 28.05.2018 to keep close watch and regular monitoring on the C.C. Cases and in case of disposal of any case, the order passed therein may be forwarded to legal cell of J.Dr. No.1. As stated by J.Dr.s a report dated 12.04.2019 was received by district officer, Sambalpur on 15.04.2019 which contained order dated 06.10.2019 of C.C. Case 86/2011. Endorsement was made for compliance. To whom the endorsement made, he died accidentally falling in bath room and the order was unattended. Inadvertently the order of the commission was not complied. The J.Drs not filed any documents in their support.
  3. From the defence of the J.Drs it reveals that the J.Dr. No.1 has given direction  to J.Dr. No.2 for compliance of the order but the J.Dr. No.2 failed to explain the situations. For callousness of the staff of the J. Dr. No.2 a poor labour failed to get his legitimate due for the negligent act of the J.Dr. No.2 in time. No doubt interest part is paid as per direction but for the official latches the D.Hr. suffered it is admitted by the J.Drs. In view of admission of the J.Drs that the J.Dr. No.2 failed to comply the order of this Commission and for the latches the D.Hr. suffered. Being a responsible officer of the Employee Provident Fund organisation for his/her irresponsible behaviour punishment needs to be imposed so that in future the down trodden class shall not suffer. Accordingly a fine of Rs. 25,000/- is imposed against J.Dr. No.2. The J.Dr. No.2 is directed to pay Rs. 25,000/- fine within one month of receipt of this order and in case of non-payment liable to undergo three months simple imprisonment.

Order pronounced in open court on this 6th November 2023 exercising power u/s 72(2) of the C.P. Act, 2019.

 

 

              -Sd/-(Sri.S.N.Tripathy)                                -Sd/-(Dr.R.K.Satapathy)

                   (06.11.2023)                                          (06.11.2023)

                        Member                                                 President

 

 
 
[HON'BLE MR. Dr. Ramakanta Satapathy]
PRESIDENT
 
 
[HON'BLE MR. Sadananda Tripathy]
MEMBER
 

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