THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO.267/ 2020
Sri Narahari Mohapatra, aged about 63 years,
At/PO- Kadalibana, Via – Chauda Kulat,
Dist – Kendrapara – 754222, At present
C/o – Judhisthir Jena, At PO – Rasulgarh,
Bhubaneswar – 10. Moble No- 9861056145
…. Complainant
-Vrs.-
- The Director, Text Book
Production and Marketing, Bhubaneswar (Employer)
- The Commissioner, EPF Organization, Bhavisyanidhi
Bhawan, Unit -9, Janpath, Bhubaneswar – 751022
…. Opp. Parties
For the complainant : Self
For the O.P.2. : A/R
For the OP.1 : Exparte.
DATE OF FILING : 22/12/2020
DATE OF ORDER : 19/08/2022
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35 of the C.P.Act, 2019.
2. The complainant’s case in brief is that, he was serving under the PP.1 and he retried from the service in the year 2018. The Director did not deposit the E.P.F amount with the Employees Provident Fund Organization for which the OP.2 is not giving pension to the complainant. Hence this complaint.
3. On the other hand, the OP.1 did not appear in the case and as such he has been set exparte. The OP.2 filed written version stating therein that as the OP.1 failed to submit the statutory returns to the EPF Office, it was not possible on their part to make payment to the complainant. It is further submitted that unless and until they receive the statutory returns from the OP.1, they have no role to play in this matter. As such, it is submitted by the OP.2 that the case against him be dropped in the interest of justice.
4 Perusal the materials on record. I find that on 24/2/2021 the Assistant Provident Fund Commissioner had written a letter to the Director, M/s Text book Production and Marketing to submit such UAN based Text File in respect of all of the employees whose required primary details are presently available with the OP.1. But despite that, the required information / materials have not been submitted to the OP.2 for which there is delay in releasing pension in favour of the complainant. Considering the materials on record, I find that the complainant’s case bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OP.No.1 and dismissed on contest against the OP.No.2. The OP No.1 is hereby directed to submit the required information / materials before the EPF Authority, so as to enable the EPF Authority to release the pension in favour of the complainant. The OP.1 is further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only, Rs.10,000/- (Rupees ten thousand) only towards mental agony suffered by the complainant and a further sum of Rs.2000/- (Rupees two thousand) only towards litigation expenses to the complainant. The entire order be complied with by the OP.1 within thirty days from the date of communication of this order, failing which the OP.1 is liable to pay interest @ 9% per annum on the aforesaid amount of Rs.50,000/- (Rupees fifty thousand) only, till the date of payment. In case of failure to comply the above order by the OP.1, the complainant will be at liberty to execute the order against the OP.1 in accordance with law.
The order is pronounced on this day the 19th August, 2022 under the seal & signature of the President and Member of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
