PROVIDENT FUND COMMISSIONER Vs. SULEKHA

JUDGEMENT

(1.) -THIS petition has been filed by the Provident Fund Commissioner, Kerala against the order of District Forum who had allowed the complaint against which an appeal filed by the petitioner was also dismissed with little modification.

(2.) UNDISPUTED facts of the case are that the husband of the respondent/complainant was a beneficiary of Employees Provident Fund (EPF) and Employees Deposit Linked Insurance (EDLI) from the petitioner/opposite party. Husband of the complainant died on 2. 6. 1990. While EPF was paid in time but after repeated request, when the Insurance amount was not paid to the widow complainant, she filed a complaint before the District Forum. During the pendency of the complaint the amount of insurance was paid on 1. 1. 1997 after a lapse of long seven years. The District Forum while noting this factum of payment held the petitioner guilty of delayed payment and thus awarded interest @ 18% p. a. from 2. 8. 1990 till the date of payment, Rs. 3. 000 for mental agony and Rs. 250 as cost.

(3.) ON an appeal filed by the petitioner the State Commission modified the order of the District Forum reduced the rate of interest @ 15% p. a. and deleted the amount of compensation in the light of interest being granted to the complainant, hence the petitioner.