Orissa

Kendujhar

CC/41/2015

Jasmirani Hembram - Complainant(s)

Versus

1. B.E.O. Saharpada Block - Opp.Party(s)

10 Feb 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 41 OF 2015

    Jasmirani Hembram, aged about 35 years,

    D/o- Dasarathi Hembram,

    At/P.O/Via- Saharpada, Mob- 9437904558,

    Dist- Keonjhar                                                           ………………..Complainant

              Vrs

1. B.E.O. Saharpada Block,

    At/P.O/P.S- Saharpada,

    Dist- Keonjhar

2. R.P.F. Commissioner SRO, Keonjhar

    (Regional P.F. Commissioner- II/OTC, SRO, Keonjhar)

    Dist- Keonjhar                                                             ..……………..Op. Parties

PRESENT: - Shri A.K. Purohit, President

                    Mrs B. Giri, MEMBER (W)

                    Sri S.C. Sahoo, MEMBER

Advocate for the complainant - Authorized Person

Advocate for the Op-1 - self

Advocate for the Op-2 - Authorized Person

_________________________________________________________________________________ 

Date of Hearing - 19.01.2016                                Date of Order- 10.02.2016

Sri S.C. Sahoo, Member:

1. The brief facts of the complaint is that the complainant Smt. Jasmirani Hembram was a teacher at Balabhadrapur Project U.P. School, resident of At/P.O/Via- Saharpada, Dist- Keonjhar under Sarva Sikhya Abhiyan under Keonjhar Zila Parisad from 2007 to 2011. Her EPF contribution was deposited through Block Education Officer i.e. Op-2 the employer and the complainant in the mean time got the job of Asst. Teacher (ZPT) and posted at the same school  under Saharpada Block. During posting as Sikhya Sahayak on dt.14.2.2005 the EPF contribution has been deposited through Block Education Office and after joining Asst. Teacher under State Govt. she has got her EPF money/ contribution for the year 2007-08, 2008-09, & 2009-2010, through her A/C in Bank of India through her EPF A/C ship No. OR/8469-L/78. Pending the contribution for the year 2010-2011 for which she applied for withdrawal of her EPF money pending with the Op-2. Hence, this case:

2. After service of notice both the Ops have appeared and filed their separate written version. Op-1 the Block Education Officer stated in his version that withdrawal of EPF money could not be possible due to want of 15G Form and the complainant deposited 15G Form along with I.T return Form for 2014-15 which was submitted through Block Education Officer. Further the BEO stated that EPF, Keonjhar has already transferred her claim EPF amount to SB A/C of the complainant vide BEO, letter No. 1190, dt.24.9.15.

      Op-2 the Regional Provident Commissioner, Keonjhar in his written version stated that on receipt of Form 19 duly filled in along with relevant document the EPF amount for the year 2010-11 was settled for Rs.11,767/- and remitted to the A/C of the complainant vide Cheque No. 377745 dt.15.9.15 which was credited in her account on 16.9.15. Further the Op-2 stated that after receipt of withdrawal claim in Form No. 10C duly filled in along with relevant document the EPS amount was settled for Rs4312/- and the amount remitted to complainant vide Cheque No. 133894, dt.15.9.15 which was credited in her A/C on 16.9.15 and both the Ops prayed for dispose of the case as already settled vide EPF letter No. SRO/KJR/Legal/CD-41/2015/4693, dt.22.9.15.

3. Heard the contesting parties and perused the materials available on record. It is seen that the claim of the complainant has already been settled on 15.9.15 much after filing of this case by the complainant on 24.8.15 i.e. within 21 days after filing the case. There is no delay caused by the Op-2 since formalities like submission of forms was not complied by the complainant as shown from the letter of Op-1.

4. With these pleadings, arguments and materials available on record it is believed that Op-2 is no way liable for deficiency in order to compensate with cost & compensation as claimed by the complainant.

ORDER

Hence, the complaint petition of the complainant is disposed of with the aforesaid observation as the claim of the complainant has already been settled by the Op-2. No order as to cost & compensation.

                         Accordingly the case is disposed of.

                                                                                      I agree                                                           I agree                                                                                          

     (Sri S.C. Sahoo)                                             (Smt. B. Giri)                                            (Sri A.K. Purohit)                 

           Member                                                   Member (W)                                                   President                               

 D.C.D.R.F Keonjhar                                    D.C.D.R.F Keonjhar                                    D.C.D.R.F Keonjhar

                                                                                                                     Dictated & Corrected by me

                                                                                  (Sri S.C. Sahoo)                                                                                 

Member, D.C.D.R.F Keonjhar