Before the District Forum:Kurnool

Present Sri K.V.H.Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B., Membe

Tuesday 16th day of March, 2004

C.D.No.195 /2003

B.V.Narayana,

S/o.B.Venkateswarulu,

R/o.D.No.40-55,

Behind Anand Talkies,

Kurnool.                                            . . . Complainant represented by his

                                                                 Counsel Sri S.Iqbal Ahmed.

-Vs-

1. The Employer/Manager,

Sree Rayalaseema Paper mills ltd.,

Gondiparla,

Kurnool.                                                 . . . Opposite party

1. The Assistant provident Fund

Commissioner (Accounts),

Sub Regional provident Fund

Officer, Cuddapah.                                 . . . Opposite party

1. The Regional Provident Fund

Commissioner,

Rep. by its Asst. Provident Fund

Commissioner (CSD),

Officer at Barkatpura,

Hyderabad.                                            . . . Opposite party

1. The Branch Manager,

Andhra Bank,

Bazar branch,

Kurnool.                                       . . . Opposite party represented by his

                                                           Counsel Sri M.Sanjeeva Reddy.

O R D E R

(As per Sri R.Rama Chandra Reddy,Member)

1.       This Consumer Dispute case of the complainant is filed under sec.12 of the C P.Act,1986  seeking a direction on the opposite parties No.2,3&4  to re-credit the amount of RS.13,200/- to the complainant’s Account  with accrued interest at 24% per annum from the date of the withdrawal to the date of re-credit and to pay RS.10,000/- towards compensation for the deprival of the better employment,costs and any such of other relief or relief’s  which the complainant is entitled in the circumstances of the case.

2.       The brief facts of the complaint of the complainant are that he was working as Fitter in the Rayalaseema Paper Mills Limited, Gondiparla, Kurnool i.e.O.P.No.1 and he was a subscriber to the Provident Fund Account No.A.P 4365/1126 and at the end of the each Financial Year the opposite party No.2 used to send the Account slip to the complainant showing the particulars of his subscription contributions by the Company and interest accrued thereon and the balance at the end of particular Financial Year and the O.P.NO.1 Mill was closed  in the Year 1991, the complainant applied for an advance of RS.25,000/- on 18.1.2002  for grant of an amount of RS.25,000/- to the opposite party No.2 as the complainant required the said amount as he has to go to Dubai for an appointment,but in response  to this the O.P.NO.2 informed that less than RS.100/- is standing to his credit, with this information the complainant send his representation to the O.P.No.2 that he has not withdrawn any advance except in the year 1994 an amount of RS.500/- only and also requested the O.P.NO.2 to make enquiries to that effect,but in vain. The complainant and another person by name M.A.Alam gave common complaint to the O.P.No.3 inrespect of mis-appropriation of the provident fund account.  Inpursuance of this complaint the O.P.No.3 directed the opposite party No.2 to investigate the issue and the details thereof may be intimated directly to the Members under intimation to the office of the 3^rd O.P through its letter dt.6.8.2002, but the opposite party No.2 shows that the withdrawal of the amount by the complainant as follows.

1. RS.3,200/-under cheque No.051140,dt. 20.12.1989
2. RS.10,000/- under the cheque No.605521,dt 7.9.1990
3. RS.5,000/-under the chueque No.295389,dt.23.1.1994,but the complainant has taken RS,5,000/- only from the said withdrawals .  Whereas the complainant has not withdrawn the amounts i.e. RS.3,200/- and RS.10,000/-and the complainant  never applied for the sanction of loan of the above item No.1&2 totaling an amount of RS.13,200/-. The said fact the complainant immediately informed to the O.P.NO.1 that he never applied for advance of RS.3,200/0 and RS.10,000/- and in response to the above complainant’s letter the O.P.No.2 informed that the said amount was credited to the S.B.Account No.11701 of the O.P.NO.4 Andhra Bank,Bazar Branch,Kurnool where as the said Account relates to one Sri.B.Naganna who internu withdrawn the same. The above said facts in not arranging the said advance of provident fund amount Inspite of several demands and by their avoiding conduct and the said conduct is amounts to deficiency of service and driven the complainant to the Forum for the redressal as the complainant was not only deprived of the advance of the provident fund amount, but also was put to the mental agony and costs of this litigation.

3.        Inspite of the service of the notice of this Forum as to this case of the complainant the opposite parties neither turned up to the proceedings nor made any contest to the complainant’s case dis-owning their liability.

4.          The complainant in support of its case relied upon the documentary record marked   as  Ex.A.1 to Ex.A.9 besides to his sworn-Affidavit in re-iteration of its case and the documents.

5.       Hence, the point for consideration is whether the complainant has made out the alleged deficiency of service on the part of the opposite parties in defaulting the payment of the advance provident fund amount and thereby his entitleness to the relief’s claimed?:-

6 .      The Ex.A.1 letter dt.29.1.2003 along with the provident fund account statement addressed to the complainant which envisages that the withdrawal amount of RS.3,200/- during the year 1989-90,RS.10,000/- during the year 1990-91 and RS.5,000/- during the year 1993-94.  The Ex.A.2 is the office copy of the legal notice dt.27.3.2003 issued by the complainant’s counsel to the opposite party No.2.  The Ex.A.3 is the postal acknowledgement of the O.P.No.2 as to the receipt of the Ex.A.2. The Ex.A.4 is the Form-31, dt.4.2.2002 addressed to the O.P.No.1 inrespect of the loan application dt.18.1.2002 of the complainant.  The Ex.A.5 is the letter dt.6.8.2002 of the O.P.No.3 to the O.P.No.2 under the copy to the complainant which reveals that the co -mplainant complained about his provident fund amount which has been mis-appropriated without his concern and the advances sanctioned 4 times from his account and he has no knowledge of the said advances and this issue has to be investigated and the details thereof may be intimated directly to the complainant under the intimation to the O.P.NO.3. The Ex.A.6 is the letter dt.29.10.2002 of the O.P.No.2 to the complainant informing that the investigation is going on, the withdrawals granted i.e. RS.10,000/-(cheque No.065521,dt.7.9.1990) and RS.3,200/-(cheque No.051140,dt 20.12.1989) and further informed that the complainant has to forward a copy of pass book of his S.B.Account and re-submit the application for the sanction of the above said amounts under para 68-H.  The Ex.A.7 is the letter dt.28.11.2002 of the O.P.No.2 to the complainant in which it was informed to him that RS.10,000/-(cheque No.065521,dt.10.9.1990) was encashed on 6.10.1990 and RS.3,200/-(cheque No.051140,dt.20.12.1989) also encashed on 29.12.1989 from the Andhra Bank,BazarBranch,Kurnool from the S.B.Account No.11701 of the said Bank.  The Ex.A.8 is the reply letter dt.8.12.2002 of the complainant to the O.P.No.2 for the Ex.A.7. The Ex.A.9 is the letter dt.22.1.2003 of the O.P.NO.2 to the complainant, which is nothing but the re-iteration of the facts of the Ex.A.7. The Ex.A.8 clearly explains that when the complainant approached the Andhra Bank, Kurnool, the Assistant Manager has verified the S.B.Account No.11701,the said Account belongs to one B.Naganna, whereas the complainant has having account in S.B.I,Gondiparla (Account No.16/2575) only and he has not at all having any accounts in other banks and he has not at all applied any provident fund advance and send the Provident Fund Application to the provident fund office during the period of 1989 and 1990 and there was no chance for provident fund staff to operate his P.F.Account and release the said cheques of RS.3,200/- and RS.10,000/- when he sent his provident fund application for the provident fund advance on 17.11.2002.  In Ex.A.6 it was shown that the Employee’s share is RS.8, 875/- and the Employer’s share is RS.20,229/- towards P.F.Account of the complainant as on 31.3.2000 and where as in Ex.A.1 is contra to the above figures it was mentioned that the complainant’s share was only RS.2,029/- alone is pending to the credit of the complainant’s provident fund account and in Ex.A.5 the O.p.No.3 addressed a letter dt.6/8/2002 to the O.P.NO.2 to enquire into the mis-appropriation of the said amounts.  Further the bank i.e. O.P.No.4 has wrongly credited to the S.B.Account No.1101 of Sri B.Naganna, where as the complainant name is B.V.Narayana.  The bank should have return the cheque to the O.p.No.2 for not tallying the name of the Account holder with that of B.V.Narayana, but the bank credited the said amounts to the account of the B.Naganna.

7.      In the light of the above substantiated record as the privy of the complainant with the opposite parties and the liability of the opposite parties towards the complainant and the opposite parties deficiency of service at their non-responsive conduct as is made out there appears every bonafidies in the cause of action and the claim of the complainant.  Therefore, the complaint is allowed ordering the opposite parties 2,3&4 jointly and severally to pay/or re-credit the amounts of RS.13, 200/- to the complainant’s account with accrued interest at 9% per annum from the date of the withdrawal to the date of payment or re-credit and to pay RS.5,000/-towards compensation and RS.1,000/- towards costs within a month of the receipt of this order. In default the said opposite parties are jointly and severally liable to pay the awarded amount with 12% interest per annum from the date of the said default till the date of realization.

Dictated to the Stenographer, typed to the dictation, corrected by us, pronounced in the Open Court, this the 16^th day of March, 2004.

PRESIDENT

MEMBER                                                                       MEMBER