BHARAT HEAVY ELECTRICALS LIMITED Vs. RAMPAL AND ORS.

JUDGEMENT

(1.) This is an appeal under Sec. 15 of the Consumer Protection Act, 1986 against the order dated 16.09.2010 passed by the District Forum, Haridwar in consumer complaint No. 24 of 2007. By the order impugned, the District Forum has allowed the consumer complaint and directed that in case the respondent Nos. 1 to 10 submit the loan application through proper channel, the appellants should immediately forward the same to the concerned officer for sanctioning of the loan. The District Forum has also directed the appellants to pay compensation of Rs. 10,000/ - to respondent Nos. 1 to 10. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainants were the workmen of Bharat Heavy Electricals Limited, Haridwar and their services were terminated w.e.f. 01.12.1988. The said matter went to the Hon'ble Supreme Court and it was alleged that the Hon'ble Supreme Court directed the Bharat Heavy Electricals Limited, Haridwar to re -employ the complainants directly or through contractor. It was also alleged that in the meantime, the complainants were paid certain wages to the tune of Rs. 1,97,690.94/ -each and 12% amount was recovered towards provident fund contribution. The complainants later on applied for temporary loan from their provident fund, but the loan was not sanctioned. Therefore, the complainants filed the consumer complaint before the District Forum, Haridwar for direction to the opposite; parties to arrange the payment of temporary loan against the applications submitted by them to the General Manager (HR), Bharat Heavy Electricals Limited, Haridwar and also claimed compensation of Rs. 50,000/ - each.

(2.) The appellants filed written statement before the District Forum and pleaded that the amount deducted from the wages of respondent Nos. 1 to 10 has already been sent to respondent No. 11 - Employees Provident Fund Organization, Dehradun; that the respondent Nos. 1 to 10 are the employees of the contractor; that the competent authority for sanction of the loan is Regional Provident Fund Commissioner, Dehradun; that in case the respondent Nos. 1 to 10 apply for loan through their contractor and complete the required formalities, their application would be forwarded to Regional Provident Fund Commissioner, Dehradun for necessary action and that there is no deficiency in service on their part.

(3.) The respondent Nos. 11 and 12 herein (opposite party Nos. 3 and 4 before the District Forum) did not appear before the District Forum and hence the District Forum vide order dated 07.03.2007 and 09.09.2009 respectively proceeded the consumer complaint ex -parte against them.