PROVIDENT FUND COMMISSIONER Vs. SURAJ BAI

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 26.12.2001 of the District Consumer Disputes Redressal Forum, Rajnandgaon in Case No.44/2001 directing the appellant to pay to the complainant/respondent the sum of Rs.7,590/- towards her E. P. F. dues with interest and cost.

(2.) Relevant facts no longer in dispute are that the complainant/respondent was a Bidi Worker. Deductions towards employees' Provident Fund under provisions of Employees' Provident Fund Act, 1952 were made from her salary. She retired on 20.11.1996 and filled up the prescribed Form No.19 for payment of the Employees' Provident Fund due to her. In that form she opted for being paid by Money Order. The form was duly submitted by the complainant/respondent to the appellants.

(3.) The complainant/respondent averred in her complaint that though as per Employees' Provident Fund Scheme, 1952, the amount of her Provident Fund should have been paid within a period of one month as has been provided in Rule 72 (7) of the said Scheme. However, the amount was not paid to her so far despite efforts, nor any intimation was sent to her regarding the cause of non-payment. The complainant, therefore, submitted an application to the appellant for payment of her dues on 14.12.2000, with copies to different authorities. The Employees Provident Fund Organisation, New Delhi by its letter dated 9.2.2001 directed the appellant No.2 to make payment. However, according to the complainant/respondent the appellants have failed to pay the amount payable to her towards her Employees Provident Fund.