REGIONAL PROVIDENT FUND COMMISSIONER Vs. VIJAY KUMAR KALRA

JUDGEMENT

(1.) The present appeal filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 29.10.2002 passed by the District Forum, Kasturba Gandhi Marg, New Delhi in Complaint Case No. OC/239/2000 entitled Shri Vijay Kumar Kalra V/s. The Regional Provident Fund Commissioner and Anr.

(2.) The facts, relevant for the disposal of the above mentioned appeal briefly stated are that the respondent Shri Vijay Kumar Kalra had filed a complaint before the District Forum averring therein that he had applied for an advance of Rs.1,10,000/- from his Provident Fund Account on 11.1.1999 which was sanctioned on 15.2.1999 and the respondent was informed that the cheque for the amount of advance sanctioned in his favour amounting to Rs.1,10,000/- would be sent directly to the Delhi Development Authority (for short 'dda') within two weeks. It was stated that the above said advance was applied by the respondent with a view to make payment of instalments to the DDA. The last date for payment of instalments to the DDA was 30.3.1999. It was stated that the respondent received a letter dated 22.3.1999, from the Dy. General Manager, Mysore Sales International Ltd. , State Emporium Complex, Baba Kharak Singh Marg, New Delhi stating that a cheque of Rs.1,10,000/- had been sent to DDA. It was stated that on receipt of the above communication from the end of the respondent No.2, when respondent, Shri Vijay Kumar Kalra went to confirm the same from the office of DDA, the offcials of DDA informed him that no such cheque had beeen received. It was stated that due to delay on the part of the appellant, the respondent could not make payment of his instalments in time to the DDA and due to the delay in payment, the DDA imposed a penalty of Rs.35,289/-. It was stated that the respondent further had to pay interest of Rs.1,048/- to Canara Bank due to delay in payment. It was prayed by the respondent Shri Vijay Kumar Kalra in the complaint, filed by him that the appellant be directed to pay a sum of Rs.35,289/- paid by him by way of penalty and another sum of Rs.1,048/- paid by him by way of interest due to default on the part of the appellant to the respondent. The respondent has also claimed cost of litigation and interest.

(3.) The claim of the respondent in the District Forum was resisted by the appellant and respondent No.2 (Dy. General Manager, Mysore Sales International Ltd. , State Emporium Complex, Baba Kharak Singh Marg, New Delhi ). Respondent No.2, Dy. General Manager, Mysore Sales International filed a separate reply/written version and stated that there was no negligence/deficiency in service on his part.