JUDGEMENT<br /> <br /> This is a complaint filed U/s. 12 of Consumer Protection Act against three Respondents. The brief facts of the complaint are as under:-<br /> <br /> Complainant Thimappa @ Thimanna is the son of late Smt. Somawwa W/o. Bhimanna. Respondent NO-1 is the Assistant Provident Fund Commissioner, Garaladinni Complex, Lingasugur Road, Raichur, Respondent No-2 General Manager, Hutti Gold Mines Company Ltd., Hutti, Tq. Lingasugur, Dist: Raichur and Respondent No-3 The Financial controller, Hutti Gold Mines Co. Ltd., Hutti, Tq. Lingasugur, Dist: Raichur. Smt. Somavva, the mother of the complainant was working in Hutti Gold Mines Company Ltd., Hutti as Under-ground labour with UGT.No. 840. She died on 22-02-98 leaving behind the complainant and other two married daughters to succeed her estate and for the benefits accrued after her death. After the death of his mother, the complainant submitted Application along with relevant documents for settlement of After Death Benefits and for settlement of pension. But the Respondents have not at all settled the pension even after several requests made by the complainant. Respondents never cared even reply to his application and dragged on the matter on one or other reasons. This attitude and acts of the Respondents clearly discloses deficiency in service on the part of the Respondents.<br /> <br /> For the negligent and deficiency in service by the Respondents complainant has suffered great mental agony, inconvenience and hardship and put to financial loss. For which the Respondents are liable to pay damages of Rs. 50,000/-. The cause of action accrued on 22-02-98 on the death of employee Somawwa (his mother) and on several occasions when he approached to the Respondents and lastly on 20-05-06 and the same is continuing one. Hence for all these reasons the complainant has sought for direction to the Respondents to settle the pension as per law and to award a sum of Rs. 50,000/- as damages for the deficiency in service along with cost.<br /> <br /> 2. Respondent No-1 Assistant Provident Fund Commissioner has filed written version along with Authorization Letter authorizing one S.Nageshwar Rao, Enforcement Officer, Employee’s Provident Fund Organization Sub-Regional Office, Raichur for filing the written statement and to represent the case on behalf of Respondent No-1. The para-wise written statement of Respondent No-1 reads as under:-<br /> <br /> The complainant has not furnished the date on which he has submitted the pension papers in (Form No-10-D) and P.F. Account Number of his mother. He has also not submitted any acknowledgement for having submitted the Form-10-D. Had he submitted the said papers this Respondents could have furnished the details of submission.<br /> <br /> Pension cannot be paid/settled to the claimant without proper verification of all the relevant documents. The claimant has to submit Form No-10-D with all relevant documents. There is nothing on record to show that the complainant has complied with all the requirements for the settlement of pension without submission of claim form with all required documents it cannot be said that there is deficiency of service on the part of the Respondent No-1. The complainant has acted negligently and he has not submitted the claim form in Form 10-D with all relevant documents. Further there is Mechanism for public grievance in the office of Respondent NO-1 and there is Public Relations Officer to guide/address the grievances of the members/claimants. The Respondent NO-1 is conducting Adalat in his office every month Paper advertisements were also given in this regard. Any person with any Public grievance with regard to settlement of pension/Provident Fund can approach the Respondent No-1 for instantaneous settlement of claims. It seems that the complainant has not availed the above Mechanism and simply entered into piecemeal correspondence.<br /> <br /> No claim of the complainant is pending with the Respondent No-1. However as per the information furnished by the employer, Provident fund benefits were already paid to the complainant. Further, the complainant has attained the age of (29) years as on the date of death of the Member as such as per the provisions of Employees’ Pension Scheme 1995 the complainant/claimant is not entitled for receiving pensionery benefits. Respondent No-1 is heading Public Office and if there is any inconvenience caused to the complainant it is due to his own negligence and non-availing of Public grievance mechanism. Hence for all these reasons the Respondent No.1 has sought for dismissal of the complaint with cost.<br /> <br /> 3. Respondent No- 2 & 3 who have appeared through their counsel have filed common written statement adopting counter/written version of Respondent No-1 and further contended that the function of E.P.F. Section of Respondent NO-2 Company is to forward the required documents of the retired employees after collecting the same from them. Accordingly on collecting the documents furnished by the complainant on the death of employee-Somawwa, the same was forwarded to the Respondent No-1 on 23-12-1998 without any delay.<br /> <br /> The complainant has not alleged any acts on the part of Respondent NO-2 & 3 about deficiency in service. More-over the complainant has only made a bald and general allegations of deficiency against of all the Respondents without specifying as to how these two Respondents are negligent in their service. Hence for all these reasons Respondent No- 2 & 3 have sought for dismissal of the complaint with cost.<br /> <br /> 4. During the course of enquiry the complainant Thimappa @ Thimanna has filed his sworn affidavit by way of examination-in-chief. On 27-12-06 he has filed further examination-in-chief by way of affidavit.<br /> <br /> 5. Respondent NO-1 has filed his sworn affidavit by way of examination-in-chief. Respondent NO-2 has filed sworn affidavit by way of examination-in-chief for Respondent No- 2 & 3. The complainant has got marked in all (18) documents at Ex.P-1 to P-18. The Respondents have not produced and got marked any documents.<br /> <br /> 6. Heard the arguments of both sides, in-addition to written arguments filed by them. Perused the records. The following points arise for our consideration and determination:-<br /> 1. Whether the complainant proves deficiency of service by <br /> the Respondents as alleged.?<br /> 2. Whether the complainant is entitled for the reliefs sought <br /> for?<br /> <br /> 7. Our finding on the above points are as under:-<br /> 1. In the negative. 2. As per final order for the following.<br /> <br /> REASONS<br /> POINT NO.1:-<br /> <br /> 8. There is no dispute that late Somawwa, the mother of the complainant was an employee working in Hutti Gold Mines Company Ltd., Hutti as underground labour with UGT.No. 840 and she died on 22-02-98. It is the case of the complainant that after the death of his mother, he submitted application with relevant records for settlement of after death benefits along with settlement of pension and the Respondents have not settled his claim which shows deficiency in service. Respondent No-1 in the written statement contended that No claim of the complainant is pending with the Respondent No-1. However as per the information furnished by the employer, Provident fund benefits were already paid to the complainant. Further, the complainant has attained the age of (29) years as on the date of death of the member/Somawwa so as per the provisions of Employees’ Pension Scheme 1995 the complainant is not entitled for receiving pensionary benefits. <br /> <br /> 9. Respondent No- 2 & 3 in their written statement have stated that the function of E.P.F. Section of Respondent NO-2 is to forward the required documents of the retired employee after collecting the same from them. Accordingly on collecting the documents furnished by the complainant on the death of employee-Somawwa, the same was forwarded to the Respondent No.1 on 23-12-98.<br /> <br /> 10. The complainant has produced in all (18) documents it appears that some of them are double documents. Ex.P-1 is the attested true copy of Death Certificate of late Somawwa and original of which is at Ex.P-17. This death certificate shows the date of death of Somawwa as on 22-02-98. Ex.P-2 is the attested true copy of Family Members Certificate dt. 05-06-2000 issued by Hutti Gold Mines Company Ltd., Hutti certifying that on the basis of records of late Somawwa employee (UGT.No.840) it is certified her family is consisting of two daughters and one son namely: (1) Mallamma-daughter 37 years (un-married). (2) Rindamma-daughter-35 years (un-married) and (3) Thimappa @ Thimanna-son 31 years married. Ex.P-3 is the attested True Copy of letter of Respondent NO-1 Office at Gulbarga dt. 11-11-1999 and the original of which is produced at Ex.P-16. Though this letter the Assistant Provident Fund Commissioner, Gulbarga addressed to Financial Controller, Hutti Gold Mines Company Ltd., Hutti requesting to re-submit the claim regarding Employee’s Pension Scheme in-respect of Smt. Somawwa by obtaining succession certificate. A copy of this letter is also marked to Thimappa the complainant in this case. Ex.P-4 is the attested copy of letter of the complainant dt. 01-01-2002 to the Respondent NO-1 and a bare copy of which is produced at Ex.P-13. Through this letter the complainant Thimappa requested for sanction of “After pension of late Somawwa” Ex.P-5, Ex.P-9, Ex.P-10, Ex.P-11, Ex.P-12 & Ex.P-14 are same letters of complainant to Respondent NO-1 in the matter. Ex.P-6, Ex.P-7, Ex.P-8 & Ex.P18 are the Receipts and Delivery Run Sheet of Professional Courier Service. Ex.P-15 is the Death Certificate dt. 22-02-98 issued by Hutti Gold Mines Hospital Hutti certifying that Somawwa UGT NO-840 aged 55 years, expired in the hospital 22-02-98 due to Diabetic coma and Right sided Hemplegia. Out of these documents Ex.P-4/Ex.P-13 is material for our purpose. This Ex.P-4/Ex.P-13 is the letter of the complainant dt. 01-01-02 addressed to Respondent NO-1 for sanction of ‘Orphan Pension etc., of late Somawwa’. <br /> <br /> 11. Para-2(vii) of the Employees’ Pension Scheme 1995, defines “Family” means (i) wife in the case of male Member of the Employees’ Pension Fund, (ii) husband in the case of a female Members of the Employees’ Pension Fund and (iii) sons & daughters of a member of the Employees’ Pension Fund. <br /> Para-2(viii) denotes “Pension” means the pension payable under the Employees’ Pension Scheme and also includes the family pension admissible and payable under the Employees’ Family Pension Scheme, 1971 immediately preceding the commencement of Employees’ Pension Scheme, 1995 with effect from 16th November, 1995. <br /> Para-2 (ix) denotes “Member” means an employee who becomes a member of the Employees’ Pension Fund in-accordance with the provisions of Employees’ Pension Scheme.<br /> <br /> 12. There is no dispute that late Somawwa being employee of the Hutti Gold Mines was the Member of Employees’ Pension Scheme 1995. Para-16(1) of the E.P.S., contemplates benefits to the family as on the death of a member/employee. Para-16(2) contemplates the monthly widow pension. Para-16(3) contemplates monthly children pension. In this case we are concerned, with monthly children pension so let us see the same. This Para-16(3) consists of (5) clauses ‘a, b, c, d,& e’. Out of these, ‘clause-‘b’ and ‘c’ are material for our purpose which reads as under:-<br /> Para-16(3) (b):<br /> Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow/widower of the deceased member as monthly widow pension payable under sub-paragraph (2) (a) (i) provided that minimum monthly children pension for each child of the deceased member shall not be less than (Rs. 150/- per month).<br /> <br /> Para-16(3) (c):<br /> Monthly children pension shall be payable until the child attains the age of 25 years.<br /> <br /> From the clause ‘c’ it is clear that monthly children pension is payable to children of a deceased Member shall be till child attains the age of (25) years. In this case the complainant has produced the Family Certificate issued by Hutti Gold Mines (Employer of late Member-Somawwa) at Ex.P-2. It discloses that the family of late Somawwa employee UGT.No-840 is consisting of three children namely two daughters-Mallamma-37 years, Rindamma-35 years & one son Thimappa @ Thimanna 31 years. The death certificate at Ex.P.17/Ex.P-1 shows the date of death late Somawwa as on 22-02-98. So on the date of death of late Somawwa on 22-02-1998, the complainant Thimappa was aged about 29 years. Hence the complainant was not below the age of (25) years so as to apply monthly children pension under Para-16(3)(b) of Employees’ Pension Scheme 1995. Further the cause title of this complaint shows the age of complainant-Thimappa as (37) years on the date of filing of this complaint on 19-07-2006. The affidavit-evidence filed by him also shows his age as (37) years. Applying this age of the complainant, naturally he was more than (25) years of age on the date of death of his mother-Somawwa on 22-02-98. Hence we find substance in the contention of the Respondents that the complainant has attained the age of (29) years as on the date of death of member/Somawwa and so he is not entitled for pensionary benefits. Therefore we do not find substance in the complaint for entitlement of After death benefits of late-Somawwa as claimed by him and naturally we do not find deficiency in service by the Respondents, as alleged. Therefore we hold that the complainant has failed to prove deficiency of service by the Respondents. So Point NO-1 is answered in the negative.<br /> <br /> POINT NO.2:-<br /> <br /> 13. In view of our finding on Point NO-1, the complainant is not entitled for the reliefs sought for. In the result we pass the following order:<br /> <br /> ORDER<br /> <br /> The complaint of the complainant being devoid of merits is hereby dismissed. No order as to cost.<br /> <br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 08-02-07)<br /> <br /> Sd/-<br /> Sri. N.H. Savalagi,<br /> President,<br /> District Forum-Raichur.<br /> <br /> Sd/-<br /> Sri. Pampannagouda, <br /> Member<br /> District Forum-Raichur.<br /> <br /> <br /> Sd/- <br /> Smt.Kavita Patil, <br /> Member. <br /> District Forum-Raichur<br /> <br />