Andhra Pradesh

Visakhapatnam-II

CC/476/2011

Chevvakula Lakshmi Kantam - Complainant(s)

Versus

Centeral Provident fund Commisioner - Opp.Party(s)

J.P. Naidu

13 Mar 2015

ORDER

                                              Date of Registration of the Complaint:15-12-2011

                                                                                                Date of Order:13-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President   

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                              Friday, the 13^th day of March, 2015.

                                  CONSUMER CASE No.476/2011

Between:-

1.Chevvakula Lakshmi Kantam,

   W/o (late) Chevvakula Amrutha Rao,

   aged 60 years, resident at Door

   No.12-156/2, Ashok Nagar, Chinamusidivada,

   Pendurti (MD), Visakhapatnam-18.

2.Chevvakula Israel, S/o Chevvakula Amrutha Rao,

   aged 25 years,  resident at Door

   No.12-156/2, Ashok Nagar, Chinamusidivada,

   Pendurti (MD), Visakhapatnam-18.

3.Chevvakula John Mojes, S/o Chevvakula

   Amrutha Rao, aged 23 years, resident at Door

   No.12-156/2, Ashok Nagar, Chinamusidivada,

   Pendurti (MD), Visakhapatnam-18.

 

….. Complainants

And:-

1.Central Provident Fund Commissioner,

   Bhavishya Nidhi Bhava, 14, Bhikaiji CamaPlace,

   New Delhi-110066.

2.Asst. Provident Fund Commissioner (Pension),

   28, Community Center, Wazipur indl.

    Area, Delhi-110052.

3.Asst. PF Commissioner (Pension), VUDA Layout,

   Marripalem, NAD Post, Visakhapatnam-530009.

                                                                                         …  Opposite Parties   

                           

          This case coming on 12.02.2015 for final hearing before us in the presence of Sri J. P. Naidu, Advocate for the Complainants and the Central Provident Fund Commissioner, Asst. Provident Fund Commissioner and Asst. PF Commissioner (Pension) (Inpersons) of the Opposite Parties and having stood over till this date for consideration, this Forum made the following:

 

 

                                                ORDER

          (As per Sri C. V. Rao, Honourable Male Member, on behalf of the Bench)

 

1.       The Complainants asks the Forum to pass an order in their favour and against the Opposite Parties: a) To sanction and release the pension in full from 12.05.2002 along with interest at 24% p.a. to the Complainants respectively; b) To pay Rs.2,00,000/- (Rupees two lakhs only) as compensation due to deceitful acts of the Opposite Parties and for mental agony suffered by the Complainants and his family members; d) To pay the costs of the complaint; and e) To grant such other relief or reliefs as the Forum deems fit and proper in the circumstances of the case.

 

2.       The Opposite Parties 1, 2 and 3 strongly resisted the claim of the Complainants and asked the Forum to dismiss the complaint with costs.

           

3.       The case of the Complainants, as can be seen from the Complaint, is that (late) Chevvakula Amrutha Rao is the husband of the 1^st Complainant (Chevvakula Lakshmi Kantam), and father of Chevvakula Israel and Chevvakula John Mojes, (2^nd and 3^rd Complainants) respectively.   The Complainants stated that (late) Chevvakula Amrutha Rao worked with Food Corporation of India and he joined as a member/subscriber of Employees Provident fund Organization bearing Account No.2271/3965 and he  retired from service and he is entitled to get pension was from 12.05.2002 but still now the said pension neither received by Original Member (i.e., Chevvakula Amrutha Rao), during his life time orthe Complainants being legal heirs of Chevvakula Amrutha Rao, who expired on 05.12.2006 though the necessary documents were submitted before the Opposite Parties Office.   The Complainants stated that Mr. Chevvakula Amrutha Rao (late) is entitled to receive full pension up to 05.12.2006 as he was alive.   And all the three Complainants are eligible to receive the pension from 05.12.2006 after expiry of the 1^st Complainant s husband and the 2^nd and 3^rd Complainants father respectively.   Though they had submitted statuary documents at the Opposite Parties office to sanction pension to three of them, there is no proper response from the Opposite Parties  side.   This clearly shows the deficiency of service on the part of the Opposite Parties.   The Complainants stated that the 1^st Complainant is a widow and the 2^nd and 3^rd Complainants are un-employees and are not having proper source of income for their basic needs, except this pension and the Complainants are suffering with financial problem though the Complainants are legally entitled to get pension.    Hence the act of the Opposite Parties clearly shows that there is procedural lapse on their part, willfully or negligently which is nothing but deficiency of service and hence they are liable to pay compensation.    The Complainants filed documents at P.F. Office on 03.11.2009 basing on letter dated 12.05.2009 and also the Complainants, forwarded a letter dated 01.07.2011 to know the status of pension, there is no reply from the Opposite Parties, the Complainants are forced to file the present Complaint.

  

4.       The Complainants filed an evidence affidavit besides written arguments to support their contentions.      Exs.A1 to A7 are marked for the Complainants.

 

5.       On the other hand, the Opposite Parties resisted the claim of the Complainants by contending, as can be seen from their counter, that the claim was processed and Pension Payment Order generated.   It is a case of Member Pension followed by Widow Pension.   Accordingly, Member Pension @ Rs.906/- per month was sanctioned for the period 12.05.2002 to 05.12.2006, followed by Widow Pension @ Rs.453/- per month from 06.12.2006 onwards, and children pension payable to Shri Ch. Jhon Moses @ Rs.150/- from 06.12.2006 onwards. 

 The following arrears were released in fovour of the Complainants:

Ch. Amrutha Rao                    Rs.49,649/-

Ch. Laxmi Kantham                Rs.29,370/-

Ch. Israel                                 Rs.6,695/-

Ch. John Moses                       Rs.9,725/-

The  Opposite Parties further stated that the Complainants/claimants are in enjoyment of the monthly pension from the month of April, 2012 onwards regularly.   Therefore, as the Complainants  interest have been adhered to, give her no room for any complaint, the case against the Opposite Parties,  be disposed off on the grounds of justice being carried out.

 

6.       Compliance memo stating the same is also filed subsequently besides counter, and written arguments by the Opposite Parties.   Exs.B1 to B9 are marked for the Opposite Parties.

 

7.       The matter has been heard on behalf of the Complainants.

          The matter has been heard on behalf of the Opposite Parties.

 

8.       After careful perusal of the case record, this Forum finds that (late) Chevvakula Amrutha Rao, who worked with Food Corporation of India, joined as a member/subscriber of Employees Provident Fund.   He retired  on 12.04.2002 and was entitled to get pension from 12.5.2002.   The Opposite Parties did not release his pension till his death on 5.12.2006.    After the death of the said Chevvakula Amrutha Rao also the Opposite Parties failed to release pension to his widow wife and his two minor children.   The Complainants herein, who are the wife and minor children of late Amrutha Rao, vexed with the conduct of the Opposite Parties filed this complaint on 8.11.2011.   After filing of this complaint, in the month of April, 2012 the Opposite Parties released the monthly pensions due to the Complainants with arrears.    Very peculiarly, the Opposite Parties contended that they have complied promptly and so the complaint has to be dismissed.   But the case record, along with documents filed by both sides, clearly shows that the Opposite Parties failed to render their service for 10 long years, during which time the original subscriber died and his family ran from pillar to post for years together.   There is outright deficiency of service on the part of the Opposite Parties herein.   The deficiency of service on the part of the Opposite Parties should have caused much financial and physical hardship besides mental agony to the Complainants.   Therefore, the Complainants are entitled to suitable compensation besides costs of this complaint.            

 

9.       In the result, this Forum directs the Opposite Parties to pay: a) a compensation of Rs.60,000/- (Rupees Sixty thousand only) and b) Costs of Rs.6,000/- (Rupees Six thousand only) to the Complainants.   Time for compliance, one month.

 

 

 

 

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 13^th day of March, 2015.

      Sd/-                                    Sd/-                                        Sd/-

President                          Lady Member                           Male Member

 

                             APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	12.01.2007	Death Certificate of (late) Ch. Amrutha Rao	Original
Ex.A02	12.01.2007	Certificate of family members	Photo copy
EX.A03	10.02.2009	Details of Pensioner particulars issued by the Assistant Provident Fund Commissioner (Pension) to the 1st Complainant.	Office copy
Ex.A04	12.05.2009	Letter issued by the Asst. P.F. Commissioner (Pension)	Photo copy
Ex.A05	03.11.2009	Acknowledgment given by the P.F. Office	Original
Ex.A06	01.07.2011	Letter issued by the 1st Complainant to the Asst. P.F. Commissioner, Delhi.	Copy
Ex.A07	02.07.2011	Postal Receipt	Original

For the Opposite Parties 1 to 3:-              

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B01		Letter sent by the Asst. P.F. Commissioner (Pension) to the Branch Manager, State Bank of India, Visakhapatnam	Photo copy
Ex.B02	20.04.2012	Letter sent by the Asst. P.F. Commissioner (Pension) to the deceased of Ch. Amrutha Rao	Office copy
Ex.B03	20.04.2012	Notice given to SBI, Branch of Pendurthi, VSP, though ASSt. P.F. Commissioner (Pension)	Original
Ex.B04		Particulars of member of the Employee “Pension Scheme”, 1995 of the deceased Ch. Amrutha Rao	Office copy
Ex.B05		Application of Pensioner	Office copy
Ex.B06	12,05.2002	Pension Payment Order (Disburser s Portion) issued by the Asst. P.F. Commissioner to SBI, Pendurthi Branch, VSP	Original
Ex.B07		Initial Arrears Statement issued  by the Employees Provident Fund Organization	Office copy
Ex.B08	29.01.2014	Letter addressed by M.L. Durgamba, Asst. P.F. Commissioner (Legal), sub-Regional Office, VSP to the 1st Complainant	Attested copy
Ex.B09	01.02.2014	Acknowledgement	Attested copy

 

      Sd/-                                    Sd/-                                             Sd/-

President                            Lady Member                             Male Member