Tribunals and Commissions(2004) 09 NCDRC CK 0017

CO-OPERATIVE AGRICULTURAL And RURAL DEVELOPMENT BANK vs Prahallad Naik

National Consumer Disputes Redressal Commission · Decided on 14 September 2004 · Citation: 2005 1 CPJ 754

HON’BLE JUDGES
Arati Mohanty , Pramodnath Das J.
RESULT
Appeal dismissed

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Judgment

4 paragraphs · 331 words
1.

THIS appeal is against the order passed by the District Forum, Sundargarh, in C.D. Case No. 97 of 2002. Opposite party No. 1 in the said case is the appellant. The present respondent No. 1 as the complainant initiated the proceeding before the District Forum alleging that he had filed a withdrawal form praying for grant of C.P.F. amount after his retirement. Having not been able to obtain the same after repeated requests, the complainant approached the District Forum for a direction to the opposite parties for refund of the C.P.F. amount along with interest and compensation and cost for mental agony and harassment.

2.

OPPOSITE party No. 1, the present appellant, after receipt of notice, appeared before the District Forum filed his show-cause and admitted the liability of the complainant vide Ext. 2 dated 3.8.2000. The appellant further admits in his show-cause that due to acute financial set back of his institution, the C.P.F. amount could not be paid to the complainant. The District Forum after considering the case of the complainant and the documents filed before it, came to a conclusion that there has been deficiency in service on the part of the appellant. The District Forum allowed the prayer of the complainant directing the appellant to pay Rs. 1,59,697/- along with interest at the rate of 18% per annum from 1.1.2000 till the date of payment and awarded cost of Rs. 300/-.

Perused the memorandum of appeal as well as the documents filed by the complainant before the District Forum and heard the learned Counsel for opposite parties and the complainant in person.

3.

WE modify the order of the District Forum to the extent that the CARD Bank (employer) should pay Rs. 1,59,697/- with interest as per rate for fixed deposit for more than three years from 1.1.2000 till date of payment, within three months from the receipt of this order. Appeal is dismissed. WE make no order as to cost of this appeal. Appeal dismissed.