BHARGAVA Vs. S K BIRLA

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 27.3.2003, passed by District Forum, Kasturba Gandhi Marg, New Delhi in Complaint Case No. OC/27/2000 - entitled Pt. Jai Bhagwan Bhargava V/s. Shri S. K. Birla, Chairman, Shri Sanatan Dharam Sabha, Laxmi Narain Temple Trust, Mandir Marg, New Delhi.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated, are that the appellant, Shri K. C. Bhargava, in his capacity as legal heir of his father Pt. Jai Bhagwan Bhargava, had filed a complaint under Sec.12 of the Act before the District Forum, averring therein that his late father Pt. Jai Bhagwan Bhargava was appointed as a Priest by the Chairman, Shri Sanatan Dharam Sabha, Laxmi Narain Temple Trust, Mandir Marg, New Delhi in 1937 and remained in service of the Trust till 31.3.1995. It was stated that Pt. Jai Bhagwan Bhargava retired from service on 1.4.1995. It was stated that the respondent Trust used to deduct contribution from the emoluments of late Pt. Jai Bhagwan Bhargava towards provident fund. In the provident fund, to which late Shri Jai Bhagwan Bhargava was contributing, Shri Jai Bhagwan Bhargava had nominated his wife Smt. Jagwati as nominee to receive the benefits. In the complaint, filed by Shri K. C. Bhargava, in his capacity as LR of late Shri Jai Bhagwan Bhargava, it was prayed that the amount of the provident fund due and payable to late Pt. Jai Bhagwan Bhargava be released in his favour.

(3.) The learned District Forum vide impugned order has held that the appellant Shri K. C. Bhargava was not entitled to file the complaint for the above relief without joining the other legal heirs and in case Smt. Jagwati, the wife of late Pt. Jai Bhagwan Bhargava is alive, in that event Shri K. C. Bhargava or other legal heirs are not entitled to file such an application. The learned District Forum has directed the respondent to disburse the provident fund amount to the legal heirs of late Shri Jai Bhagwan Bhargava as per rules.