ASSISTANT COMMISSIONER ( CASH BRANCH), EMPLOYEES PROVIDENT FUND ORGANISATION; ASSITANT COMMISSONER Vs. RAJENDRA KRISHAN VYAS

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 07.11.2013, passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Jodhpur (for short 'the State Commission') in Appeal No. 252/2012, "Rajendra Krishan Vyas versus Employees Provident Fund Organisation," vide which, while allowing the appeal, the order dated 27.08.2012, passed by the District Consumer Disputes Redressal Forum, Jodhpur in consumer complaint, CC No. 343/2012 (958/09), dismissing the said complaint, was set aside.

(2.) Briefly stated, the facts of the case are that the complainant/respondent no. 1 Rajendra Krishan Vyas was employed as Assistant Project Officer at Uttari Rajasthan Milk Unit Limited (URMUL) Dairy Project, Bikaner of the Government of Rajasthan from 16.08.85 to 1.10.89. The complainant resigned from his job to take-up appointment elsewhere. However, despite making requests to the petitioner/OPs, he was allegedly not paid his provident fund (PF) amount. He was told by the sub-regional office of the OP that an amount of Rs. 19,649/- pertaining to account No. RJ/2389/405 was given to him in the year 1992 -1993. He sought information about the details of cheque etc. issued, but no information was provided to him, neither the name of the concerned bank was intimated to him. The complainant sent a legal notice dated 16.07.2009 to the OPs which was replied by them on 23.07.2009 saying that the payment had been made to one "Rajendra Krishan Gupta", having PF A/c No. "RJ/2385/405". The complainant alleged that he had suffered mental agony, harassment and financial loss due to said conduct of the OP. He was entitled to be given the total amount deposited in his PF Account alongwith interest @18% p.a. from 2.10.89 till the date of payment. He also demanded a sum of Rs. 25,000/- as compensation for mental agony and Rs. 10,000/- as cost of litigation.

(3.) The complaint was resisted by the OP by filing a written reply before the District Forum, saying that payment of Rs. 16,956/- as PF amount was given to him by cheque no. 71003 dated 11.12.1990, which was cleared by the bank on 20.12.90. Payment of Rs. 1,029/- as family pension was also given vide cheque No. 774649 dated 26.06.91, which was cleared on 16.07.1991. It has also been stated in the reply that there was error in the letter dated 23.07.2009 sent to the complainant in reply to the legal notice where it was mentioned that the amount was given to Rajendra Krishan Gupta, having PF A/c No. RJ/2385/405. The said words may be read as Rajendra Krishan Vyas, having PF A/c No. RJ/2389/405.