DATE OF FILING : 19.10.2009

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 24^th day of February, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.190/2009

Between

Complainant : 1. Peer Muhammed,

K.R/68/2223,

Superannuated worker,

Manjumallay Foctory Colony,

Vandiperiyar,

Idukki District.

And

Opposite Parties : 1. The Asst. Provident Fund Commissioner,

Employees Provident Fund Organization,

Sub-Regional Office,

Chalakuzhy Building,

C.M.S. College Road,

P.B.No.36,

Kottayam District.

O R D E R

SMT. BINDU SOMAN (MEMBER)

The complainant is an employee of Munjamullay Tea Estate at Vandiperiyar. The complainant after his superannuation, claimed family monthly pension. The opposite party had denied his pension benefit due to the absence of production of Option Form. The complainant with his records approached the opposite party for his family monthly pension. On 10.4.2007, the opposite party intimated to the petitioner that he had not exercised option to become a member of Family Monthly Pension Scheme. Thereafter on 28.3.2009, the complainant informed the opposite party that he already made his family pension option on 9.5.1996 before he attaining the age of 58. That Option Form was duly signed by the complainant. Then the complainant send an advocate notice to the opposite party. But still now the opposite party denied his family pension benefit. Hence the complainant filed this petition.
 

2. The opposite party admitted that petitioner had joined in the Provident Fund Scheme on 1.4.1970. He left service on 31.12.2002. He was not a member in Family Monthly Pension Fund, he never made such an option. Without an option the opposite party could not provide monthly pension to the petitioner.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and PW2 and Exts.P1 to P7 (series) marked on the side of the complainant.
 

5. The POINT : -The complainant was examined as PW1 and marked Exts.P1 to P5. PW2, one witness of the complainant is also examined and marked Ext.P6 and Ext.P7. The opposite party had no oral evidence. Ext.P1 is a letter of opposite party to the complainant. Ext.P2 is a letter of complainant. Ext.P2A is its postal receipt. Ext.P3 is the list of Option Form send by the employer of complainant to the opposite party. Ext.P4 is the copy of Option Form. Ext.P5 is a copy of the advocate notice of complainant to the opposite party. Ext.P6 is the authorisation letter of PW2. Ext.P7 (series) is the Option Form with covering letter of employer and also Form 3A with 9 pages.
 

The dispute is regarding the question of Family Pension benefit, whether the complainant is eligible or not.
 

The opposite party admitted that the petitioner was an employee of Munjamullay Estate which is an establishment covered under the provisions of Employees Provident Fund and Miscellaneous Provisions Act. 1952. The complainant joined the Provident Fund Scheme on 1.4.1970 and his superannuation was on 31.12.2002. On 9.5.1996, the complainant made his Family Monthly Pension option through his employer. Ext.P7 document clearly shows that the complainant's claim is just and fair. He exercised his option in the Family Monthly Pension Fund before his superannuation.
 

Hence the petition allowed. The opposite party is directed to give Monthly Family Pension to the complainant as per Employees Pension Scheme of 1998 within 30 days of the receipt of a copy of this order.

Pronounced in the Open Forum on this the 24^th day of February, 2010.
 

Sd/-

SMT. BINDU SOMAN (MEMBER)
 

Sd/-

I agree SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
 

Sd/-

I agree SMT. SHEELA JACOB (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Peer Muhammed.

PW2 - E.M. Kuruvilla.

On the side of the Opposite party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Letter No.KR/KTM/68/2223/706061/AB:10(03) dated 10.3.2008, from the opposite party to the complainant.

Ext.P2 - Copy of the letter dated 30.3.2009, from the complainant to the opposite party.

Ext.P2(a) - Postal receipt of the Ext.P2 letter.

Ext.P3 - Copy of the letter No. LL-7-MISC/00378 dated 16.4.1996 with a list of labourers who are opted in the Monthly Pension Scheme sent by the estate to the opposite party.

Ext.P4 - Copy of the Option Form signed by the complainant dated 30.3.1996.

Ext.P5 - Copy of the advocate notice issued by the complainant and its postal receipt.

Ext.P6 - Authorisation letter dated 30.10.2009 by the Asst. P.F. Commissioner.

Ext.P7(series) - Letter No.LL.7/663 dated 4.2.2010, from the Manager, Pobs Enterprises Pvt. Ltd., Manjumallay Estate to this Forum with the required documents including

copies of Form 3A, the Contribution cards for currency periods from the year 1.4.1995 - 31.3.1996 to the year 1.4.2003 – 31.3.2004.

On the side of the Opposite party :

Nil.