Orissa

Rayagada

CC/97/2014

Sri Achgyut Das - Complainant(s)

Versus

Asst Provident Fund Commission - Opp.Party(s)

Person

12 May 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA

AT:  KASTURI NAGAR, Ist.  LANE,   L.I.C. OFFICE     BACK,PO/DIST: RAYAGADA, STATE:  ODISHA,

PIN NO.765001, PHONE/FAX NO.06856-223025.

                                                                                 …………..

 C.C. Case  No.97/ 2014.

                                                 Dated.  11^th March, 2015.     

P R E S E N T .

Sri Pradeep kumar Dash, LL.B            ,                                   President.

Smt.Ch.Nirmala Kumari Raju, LLB,                                 Member

 

An N.G.O represented through its Director Sri Achyut Das, S/o Jayanarayana das,Director,Agragamee an N.G.O working for the Welfare of the Society for S.C. & S.T Regd. Head Office at Kashipur, Po/Ps Kashipur, Dist.Rayagada, Odisha.                                                                                                                                  ……….Complainant

                                                Versus

1.         The Assistant Provident Fund Commissioner, Sub regional Office, 1^st Floor, Pan Complex, Near Payal Talkies, New Bus Stand Road, Berhampur, Dist. Ganjam, Odisha.

2.         The Branch Manager, State Bank of India,  Rayagada.

3.         The Branch Manager, State Bank of India,  Kashipur.

………Opp.Parties

 For the complainant : In person

 For the Opp.Party No.1:  Sri K.Ch.G.S.Kumandan, Advocate, Rayagada.

 For the Opp.Party No.2 & 3 :Sri N.K.Das, Advocate, Rayagada.

 

JUDGMENT

                        The gist of the complaint   is that  complainant  is an NGO registered under the Societies Registration Act is a member of the EPF Organization  and it is represented by its Director. The complainant regularly deposited the money through the challan prescribed under the Act  through the SBI, Rayagada – O.P. No.2 and the O.pa. No.2 sent the same to O.p. No.1.  On 6.12.2013 vide letter No.5193 the O.p. No.1 has  issued a notice  for making belated payments and another show cause notice vide No.5460/5495 dt.10.01.2014  demanding a sum of Rs.1,36,892/-.  The complainant submitted its reply along with all the documents  and  from the documents  obtained from the SBI, it clearly reveals that the complainant has deposited all the sums in time without any delay  but the O.p. No.1  without considering any of the documents  has passed final order  on 9.02.2014 vide P.D.Case No.31/2013-14  and communicated the same  vide letter No.6902 dt.12.02.2014 Hence, this complaint.

                        Being noticed, the Opp.Party No.1 , 2 & 3  appeared through their Counsels and files written version inter alia denying the petition allegations on all its material particulars. It is submitted  by the Opp.Party         No.1  that  the complainant deposited the PF dues belatedly for which a proceeding under Section 14-B  has been initiated against the establishment for such belated remittance  and  since there is  no dispute regarding late deposits the assessing officer concluded the proceeding  vide order dt.07.02.2014  after assessing a sum of Rs.1,43,214 and with reference to the letter  No.7545 dt.12.3.14  the SBI, Kashipur remitted  Rs.1,43,214/- vide DD No.26791 dt.29.03.14  and all the action taken by the O.p No.1 is as per law.  It is further that this Forum has no jurisdiction to entertain this case against the o5rder passed under Sec.14-B  in the Court of Assistant Provident Fund Commissioner, Sub-Regional Office, Berhampur and hence the case is not maintainable  before the Dist. Forum and as such the complaint may  be dismissed.

                        The O.p. No.2 & 3  submitted that  under the provisions of the Act and Scheme, the contributions of the employees were to be deposited within 15 days  of the closer of the every month  as required under Paragraph-38 of the Employees P.F. Scheme, Employees pension Scheme and Sub-Para-1 of paragraph-8 of the deposited linked scheme.  The said demand of the contributions by the Asst. Provident Fund ,Sub-Regional Officer, Berhampur in his order dt.7.2.14 mentions that the complainant had defaulted in payment of the statutory dues in time without any valid reasons,. So the Sub-regional Officer, in his order  in PD Case No.31 of 2013-14  has levied damages under Sec.14(b) and interest under Sec.7(c)  totaling Rs.1,43,214/- and directed payment of the same within 15 days  and the complainant has not agitated before the said authority or his superiors as  against the said  damages and interest. Prior to his order dt.7.2.14, the said authority had issued  show cause notice  that as to why the amount of Rs.1,34,214/-  claimed towards damages and interest not paid  and gave an opportunity of being heard before the damages are levied and  fixed 20^th of Decembner,2013  for hearing . From the correspondence filed by the complainant, it is not seen that he or his attendant had not attended the said hearing and submitted the necessary documents to prove that in fact  the contributions have been deposited in time and having failed to avail the opportunity, the said authority has passed the orders on 7.2.14 confirming the said demand.    Since the complainant delayed in compliance of the said order, the O.p 1 issued attachment of the bank account of the complainant  in SBI, Kashipur and the O.p. NO.3  was obliged to attach the same from the three accounts of the complainant in the bank for the amount of Rs.1,43,214/-   and hence the O.p No.3  or 2   have  not committed any deficiency in  that regard. The grievance made out is not a consumer dispute  and hence prayed to dismiss the complaint with costs.

         FINDINGS

                        We perused the complaint petition and written version filed by the parties and heard argument from both the parties . After verification of documents it is noticed that the O.p. No.1 – P.F Commissioner has issued notice  for making  belated  payments  and    demanded Rs.1,43,214/- and the complainant sub mitted  its reply along with all the documents  obtained from the SBI which clearly reveals that the complainant has deposited all the amount  in time without any delay and the copy of challan  has been sub mitted  was acknowledged by O.p. No.2- SBI Rayagada. But the O.p. No.1  without considering  the documents has passed the final order  vide PD Case No.31/2013-14  on 9.2.14 . The document filed by the complainant clearly reveals that there is no delay on his part, where as the delay is occurred due to non-communication of the deposits by the O.p. No.2 and 3. Again the O.p. NO.2 without making any personal hearing has deducted a sum of Rs.1,43,214/-  from the Bank account  of the complainant. On perusal of the documents and hearing from both the parties,  it is clear that the O.p. No.1  has wrongly passed the order without going through the documents and forced the O.p. No. 2 & 3 to remit the amount of Rs.1,43,214/-  again. The Foreign Contribution(FC) Account cannot hold or deducted by any of the Bank without the prior permission of the Govt. of India , Ministry of Home Affairs. In view of the aforesaid facts , we are of the opinion that the O.p No.1 is liable to refund Rs.1,43,214/-  remitted by the O.p No.2 & 3 and  the excess amount  of Rs.51,092/-  deposited by the complainant on 20.11.2012 with interest and the O.p No.2 & 3 are also liable to pay compensation for their fault  in not remitting the challan to the O.p. No.1 in time  and not informing the complainant before deducting the amount from their account. Hence, it is ordered.

  ORDER

                        The  Opp.Party No.1 – P.F, Commissioner, Berhampur is  directed to refund  Rs.1,43,214/- and Rs.51,092/- with 9% interest  to the complainant  and the O.p. No.2 –SBI Rayagada & 3 – SBI Kashipur are  jointly and severally liable  to pay compensation of Rs.10,000/-  to the complainant for  mental agony and harassment  which include cost of litigation.  The O.p. No.1,2 & 3 are directed to comply the above order within thirty days of  receipt of this order , failing which  they are liable to pay   penal interest  @  12%  p.a. on the above awarded amount.  There shall be no order as to costs. Parties to bear their own cost.

                        Pronounced in open forum today on this 11^th day of March ,2015 under the seal and signature of this forum.

                        Supply the  copy of order free of cost to the parties.

 

Member                                                                                              President

            Documents relied upon:

            By the complainant: 

1. Xerox copy of letter Bi,2990 dt.16.11.2012
2. Copy of challan for Rs.51,092/- dt.21/11/12
3. Copy of confirmation of deposits  for the month of 10/2010 to May /2011 issued by SBI, Rayagada.
4. Copy of confirmation letter issued by SBI, Rayagada confirming the deposits for the year 2001 and 2001.
5. Copy of letter addressed to O.P. No.1 dt.12.2.2002.
6. Copy of letter dt.11.5.2001 addressed to O.p. No.1
7. Copy of letter dt.17.4.2001 addressed to O.p. No.1
8. Copy of deposit challan for the month of March,2001
9. Copy of deposit challan for the month of January,2002
10. Copy of deposit challan for the month of April,2001
11. Copy of show cause letter  No.5199 dt.6.12.2013
12. Copy of show cause notice dt.10.01.2014
13. Copy of order passed by O.p. No.1 in PD Case No.31/2013-14
14. Copy of letter addressed to O.pa. No.1 dt.18.3.2014
15. Copy of letter dt.28.3.2014 addressed to O.p. No.1
16. Copy of Bank Statement of Rs.1,43,214.                                                                                           

By the Opp.Parties : Nil

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