Disposed

The Regional Provident Fund Commissioner v. Consumer Disputes Redressal

Kerala HC4 Nov 2014WP(C)/6799/2012

Case brief

AI extract

What is this about?

Petitioner challenged an order by the Consumer Disputes Redressal Forum issuing a warrant due to non-compliance. The Supreme Court discharged the warrant noting the previous EP was closed with liberty to file a fresh one, allowing the petitioner to raise objections if a new EP is filed.

What did the court decide?

The disputed warrant was effectively stayed/discharged with liberty to file a fresh EP and raise objections on maintainability if done.

The Regional Provident Fund Commissioner Vs Consumer Disputes Redressal — Kerala HC (2014) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 4TH DAY OF NOVEMBER 2014/13TH KARTHIKA, 1936

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WP(C).NO. 6799 OF 2012 (Y)

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PETITIONER(S):

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THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, PONNAMMA CHAMBERS, KOLLAM- 691 001.

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BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE. ADV. SMT.T.N.GIRIJA, SC.

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RESPONDENT(S):

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1. CONSUMER DISPUTE REDRESSAL FORUM, KOLLAM- 691 001.

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2. RAJENDRAN, SATHA VILASAM, PADANILAM, THATTAMALA P.O., MAYYANAD, KOLLAM- 691 303.

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R2 BY ADVS. SRI.O.V.MANIPRASAD, SRI.SAJU J PANICKER.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).NO. 6799 OF 2012 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	COPY OF THE ORDER OF THE 1ST RESPONDENT FORUM DATED 30/04/2010.
EXT.P2	COPY OF THE BANK RECONCILIATION STATEMENT.
EXT.P3	COPY OF THE EP.30/2011 ON 20/01/2011 BEFORE THE 1ST RESPONDENT FORUM.
EXT.P4	COPY OF THE STATEMENT FILED BY THE ASSISTANT PF COMMISSIONER (LEGAL) FILED BEFORE THE CONSUMER REDRESSAL FORUM ON 02/01/2012.
EXT.P5	COPY OF THE FORM NO.2.
EXT.P6	COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT FORUM DATED 27/02/2012.
EXT.P7	COPY OF THE ORDER IN E.P. NO.30/2011 DATED 09/09/2013 BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

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=========================

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W.P(C).No.6799 of 2012 Y

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============================ Dated this the 04^th day of November, 2014

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JUDGMENT

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Petitioner approached this Court challenging Ext.P6 order

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passed by the Consumer Disputes Redressal Forum, Kollam. By Ext.P6, warrant was issued against the petitioner stating that the petitioner has not complied with the order. Petitioner produced Ext.P7 pending writ petition along with I.A.No.13724 of 2014. Ext.P7 shows that EP is closed without prejudice to file fresh EP.

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In view of the above, Ext.P6 is redundant. It is open for the petitioner to raise any objection regarding maintainability of any fresh EP's filed.

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Petitioner submits that the original decree holder died on 11.09.2010 and without knowledge of death, petitioner disbursed certain amount to the nominee, the second respondent herein.

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I am of the view, petitioner is free to move the Consumer Disputes Redressal Forum if any amount is paid in excess of the amount payable by the petitioner.

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With that liberty, the writ petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/06/11/14

The Regional Provident Fund Commissioner v. Consumer Disputes Redressal

Case brief

What is this about?

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The Regional Provident Fund Commissioner v. Consumer Disputes Redressal

Case brief

What is this about?

What did the court decide?

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