Presents:-

1. Sri P.Samantara, President.
2. Sri G.K.Rath,Member.

                   Dated, Bolangir the 18^th day of November 2015.

                   C.C.No.03 of l2015.

Suresh Chandra Pattnaik,age-68 years son of late Radheshyam Pattnaik,

Rtd.D.C.C.B.Employee,Resident of Titilagarh Town Near Mausi Maa

Mandir Para, P.O/P.S-Titilagarh, Dist- Bolangir.

                                                                                          ..              ..            Complainant.

                     -Versus-

1.The Branch Manager, S.B.I.Titilagarh Branch,

   At/P.O/P.S-Titilagarh, Dist- Bolangir.

2.The Commissioner,Employees Provident Fund Organisation,

   Bhavishya Nidhi Bhawan,Janpath,Unit-IX, Bhubaneswar-2.

                                                                                          ..              ..            Opp.Parties.

Adv.for the complainant- Sri R.N.Bohidar & Associates.

Adv.for the O.P.No.1    - Sri R.Rath & Sri A.K.Sarangi.

Adv.for the O.P.No.2    - None.

                                                                            Date of filing of the case-01.01.2015

                                                                            Date of order                  -18.11.2015

JUDGMENT.

Sri P.Samantara, President.

                    Succinctly put, the petitioner regularly getting his pension through S.B.I. Titilagarh Branch vide Account No.11163250782.JThe complainant averred arrear E.P.F money amounting to Rs 69,423/- stated to have been sent by O.P.No.2 vide cheque bearing No.498585 dated 14.09.2006 amounting for Rs 69,423/- and it is alleged the cheque has been encashed on 29.11.2006. In enquiry no satisfactory reply has not been made in either end. Thus pray, the O.Ps liable to be penalized and direction may be passed for the deficiency committed with the compensation deemed fit.

2.                  Pursuant to notice, the O.Ps appeared filed the respective version.

3.                  The O.P.1 admitted a cheque bearing No.498585 dt.14.09.2006 has been received. As the account number found to be wrong, same is returned. The EPF account is dealt with by the Main Branch, SBI, Bhubaneswar, so the branch be made a party. In absence the case is not maintainable. The core banking system started from dated 01.01.2007 and the data’s up to 31.12.2006 have been updated in the computer. The Forum has no jurisdiction to deal with the case. The remedy is available under civil process. The case is a time barred one and the case is not maintainable. Prayed to dismiss the petition with cost.

4.                 The O.P.2 in his version submits that on 11.09.2006 the P.F. Account of the complainant was settled for Rs 69,423/- and the amount remitted through chequeNo.498585 dt.14.09.2006 again to SB Account No.5935(SBI) Titilagarh  branch. But after getting notice, it is come to our notice that the amount has not been credited nor debited from the institutions account and same was confirmed by their letter No.IBd/ePF/58/91 dt.22.05.2015.Latter total accrued amounting to Rs 1,05,348/- has been sent through NEFT for crediting into the SB A/c No.11163250782 maintained under SBI Titilagarh on dt.26.06.2015. As the said amount in the meantime has since been credited to complainant’s account as such O.P.No.2 has discharged its responsibility in due manner. Therefore the present dispute brought out against O.P.No.2 may please be dropped.

5.                 Heard and perused the document.

6.                 On outset we observe the case is maintainable as there isno barred of limitation and cause of action arise on dt.15.01.,2014 and it is settled the complainant is a consumer in catena of judgments

7.                 On proceed, we notice O.P.1 the SBI has received the amount and returned to the competent authority because of incorrect account number submitted. So we do not find any fault with the O.P.No.1

8.                 Subsequent perusal of records reveals,O.P.2 although remitted an amount of Rs 69,423/- to the EPF Account of the complainant, but not deligently observe the credit in the said account and even mis represented the fact vide letter No.OR/PF
/RTI/167/2013-14/2200 dt.15.01.2014 that the cheque No.498585 dt.14.09.2006 amounting to Rs 69,423/- has been encashed on dt.29.11.2006 in too irresponsible manner. So it is clear, the authority is casual and non diligent in his dealings. Even it is too upset non filing of the case will not resurrect the issues before us and can be buried for ever, so it is ample evidential, the O.P.2 not rendered right service in the right time. Thus is in fault. Although we find the amount along with interest has been received/credited to the account of the complainant through NEFT credit procedure on dated 26.06.2015 but the O.P is liable for such commission of negligence under Consumer Protection Act-1986.

                                               ORDER.

                     The O.P.2 is liable to pay to the complainant a sum of Rs 5,000/- (Rupees Five Thousand) only towards loss, harassment and mental agony sustained, inclusive of legal expenses within 30 days of this order, failing which interest @ 12% per annum will accrue on the whole amount of Rs 1,05,348/- till realization without fail.

ORDER PRONOUNCED IN OPEN FORUM THIS THE 18^TH DAY OF NOVEMBER 2015.

                                                     (G.K.Rath)                        (P.Samantara)

                                                      MEMBER                         PRESIDENT.