Punjab

Ludhiana

CC/13/523

Ram Kishan - Complainant(s)

Versus

Employees Provident Fund Organisation - Opp.Party(s)

27 Feb 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                                 Complaint No: 523 of 22.07.2013

                                                                                                                    Date of Decision: 27.02.2015

                                                                                                                   

Ram Kishun S/o Sh.Jhallu Ram C/o 167-B, B.R.S.Nagar, Ludhiana.

……Complainant

Versus 

1. M/s Employees Provident Fund Organization, Sham Nagar, Ludhiana, through its Commissioner.

2. State Bank of India, CCPC Cell, Miller Ganj, Ludhiana, through its Manager.

3. The Post Office, Branch Office, Mustafabad, Village Gangoli, Rae Baraeli, U.P, through its Post Master.

…..Opposite parties 

 

 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

 

Quorum:     Sh.R.L.Ahuja, President

                   Sh.Sat Paul Garg, Member

                   Smt.Babita, Member

 

Present:       Sh.Vishal Tewari, Advocate for complainant.

                   Sh.Sudhir Kumar Gupta, Advocate for OP1.

                   Sh.Bhupinder Singh Jawahar, Advocate for OP2.

                   None for OP3.

 

                                            ORDER

 

(SAT PAUL GARG, MEMBER)

 

 

1.               Present complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by Sh.Ram Kishun S/o Sh.Jhallu Ram C/o 167-B, B.R.S.Nagar, Ludhiana (herein-after in short to be referred as ‘complainant’) against M/s Employees Provident Fund Organization, Sham Nagar, Ludhiana, through its Commissioner  and others (herein-after in short to be referred as ‘OPs’)- directing them to arrange for the payment of Rs.15,515/- being never made to the complainant, to pay an interest @ 12% p.a. to  be charged on the delay of payment of Rs.15,515/- jointly and severally, to pay an amount of Rs.20,000/- as compensation for harassment and mental agony, to pay Rs.10,000/- as litigation expenses to the complainant alongwith any other relief.

2.                Brief facts of the complaint are that the complainant had joined the services of M/s BBF Industries Ltd., Ludhiana on 1.8.2005 and left the services on 30.06.11. Subsequent to his leaving the job, the complainant applied for withdrawal of his Provident Fund alongwith details of his post office savings account no.970532 with Head Office Rae Baraeli, Branch Office Mustafabad, Village Gangoli, Rae Baraeli and submitted the form with the OP1 duly filled with all the required details. The OP1 made a payment of Rs.38,153/-, through a cheque bearing no.243566 dated 29.11.11 at the address of OP3 alongwith another cheque for an amount of Rs.15,515/- bearing no.252505 dated 29.11.11. Both the cheques have been allegedly dispatched vide dispatch no.557 on 29.11.11 and 1034 dated 29.11.11 respectively. Although the cheque no.243566 for an amount of Rs.38,153/- has been credited to the account of the complainant, the other cheque for the amount of Rs.15,515/- has not been credited/transferred to the account of complainant so far. The complainant pursued the matter with the OP1 and wrote various letters to Op1 and lastly wrote a letter dated 29.4.13 duly received by OP1 on 30.04.13, but was told that the cheque for the amount of Rs.15,515/- has been credited to the post office account no.970532 of the complainant. The complainant who enquired the whereabouts of the cheque from OP3 and also got the entries marked in his pass book, did not find any entry in regards to above cheque for the amount of Rs.15,515/- although the entry for the other cheque for the amount of Rs.38,153/- does find mention in the pass book. The complainant could trace out from the records of the OP1 that the cheque no.252505 date 29.11.11 for the amount of rs.15,515/- has been issued by OP1 from their account at OP2 in favour of the complainant at his account no.970532 at OP3. The Ops in connivance with each other have either misplaced the cheque of the complainant or it has not been dispatched or it has been lost of it has been wrongly credited to some other account. This act of the OPs in connivance with each other. Claiming the above act as deficiency in service on the part of the Ops, the complainant has filed this complaint.

3.                On notice of the complaint, OP1 to OP1 appeared through their counsels and filed their separate written statements. In the written statement of OP1 certain preliminary objections have been taken that in the complaint the name of his father as Jhallu Ram, whereas in form 10-C he has written his father name as Jhallu Prasad. Further submitted to be correct that complainant applied for F-19 and F-10C for final settlement of his PF accumulation and supplied the saving account no.970532, Village Banah Lal, Post Office Gangoli, Distric Rai Bareli (UP), but in the complaint the complainant submitted account no.970532 Branch Mustafabad, Village Gangoli Rai Bareli (UP). This shows that his both the statements are contradicted to each other. Further stated that after making inquiries it has come to the notice of the OP1 that another cheque of Rs.15,515/- has been cleared by State Bank of India, Miller Ganj Branch, Ludhiana. Further stated that as per the report of State Bank of India, the amount of the cheque has been credited in the name of Senior Post Master Ludhiana, then it becomes the duty of Post Master Ludhiana to credit the amount in the account of the complainant immediately. Further denying the contents of all other paras, OP1 prayed for the dismissal of the complaint.

4.                In the written statement of OP2 certain preliminary objections have been taken that the complaint is bad for mis-joinder of the parties; the payment of cheque no.252505 dated 29.11.11 favouring Ram Kishan account no.970532, Post Office, Banan Lal Gagoli, Rai Bareli for Rs.15,515/- has been made by the OP2 on 5.1.12, when it was presented by Senior Post Master, Ludhiana, through clearing. So, in these circumstances, the present complaint is nothing but an abuse of process of law and the same is liable to be dismissed with special cost. On merits, admitting the contents of para no.1 of the complaint are matter of record and denying all other allegations of the complaint, OP2 prayed for the dismissal of the complaint.

5.                In the written statement of OP3 certain preliminary objections that the complaint is not maintainable in the present form, hence liable to be dismissed with exemplary costs; the complainant is guilty of suppressing an concealing the material facts from this Forum; the complainant has already received as far back as on 5.1.11 the amount of Rs.15,515/- secured vide cheque no.252505 dated 29.11.11 drawn on State Bank of India, Civil Lines, Ludhiana from the OP2 as the same was made to him on encashment of the said cheque presented to the said bank, through clearance through Senior Post Master, Ludhiana; the complaint is bad for misjoinder of the parties. Further stated that no such cheque had been received by the OP1 in Mustfabad Post office for deposit in complainant’s account no.970532 standing in Mustfabad Post Office so there is no question of any negligence or deficiency being attributed by the complainant to the OP2. Even otherwise the complainant never moved any complaint in Mustfabad Post Office regarding the non-deposit of the said cheque no.252505 dated 29.11.11 and rather filed the present listless complaint in this Forum for some extraneous reasons. The complaint is false, frivolous and vague. On merits, admitted that the complainant is holder of savings bank account in Mustfabad Post Office in Raebareli Division and further admitted that the cheque no.243566 dated 29.11.11 for Rs.38,153/- was deposited in the account no.970532 of the complainant at Mustfabad Post Office and after its clearance from the bank, the said amount was duly credited in the account of the complainant, however so far as the cheque no.252505 dated 29.11.11 for Rs.15,515/- is concerned, but the said cheque had never been received in Mustabad Post Office for deposit in the complainant’s said account, hence the said amount could not be credited in his said account and the said fact was intimated by Senior Post Master, Mustabad on 18.5.13 to the Assistant Commissioner, Employees Provident Fund Organization, Ludhiana, in reply to their letter dated 7.5.13. Further denying the contents of all other paras, OP3 prayed for the dismissal of the complaint.

6.                Ld. counsel for complainant has adduced the evidence by way of duly sworn affidavit of complainant Ram Kishun Ex.CA, wherein, the same facts have been reiterated as narrated in the complaint and also attached documents Ex.C1 to Ex.C5. On the other hand, Ld. counsel for OP1 has adduced the evidence by way of duly sworn affidavit of Sh.Abhaya Nand Tiwari, Assistant Commissioner, Employees Provident Fund Organization, Regional Office, Sham Nagar, Ludhiana Ex.RA1, wherein, the same facts have been reiterated as narrated in the written statement and also attached documents Ex.OP1/A and OP1/B. Whereas, Ld. counsel for OP2 has adduced the evidence by way of duly sworn affidavit of Sh.V.R.Grover, Chief Manager, State Bank of India, C.C.P.C. Cell, Miller Ganj, Ludhiana Ex.RA2, wherein, the same facts have been reiterated as narrated in the written statement of OP2 and also attached documents Ex.RA, Ex.RB and Ex.RC.

7.                At the stage of evidence none had come present on behalf of OP3, despite calling case several times. As such, evidence of OP3 was closed by order, vide order dated 23.02.15 of this Forum.

8.                Case was fixed for arguments. Ld. counsel for complainant argued orally that the complainant had joined the services of M/s BBF Industries Ltd., Ludhiana on 1.8.2005 and left the services on 30.06.11. Subsequent to his leaving the job, the complainant applied for withdrawal of his Provident Fund alongwith details of his post office savings account no.970532 with Head Office Rae Baraeli, Branch Office Mustafabad, Village Gangoli, Rae Baraeli and submitted the form with the OP1 duly filled with all the required details. The OP1 made a payment of Rs.38,153/-, through a cheque bearing no.243566 dated 29.11.11 at the address of OP3 alongwith another cheque for an amount of Rs.15,515/- bearing no.252505 dated 29.11.11. Both the cheques have been allegedly dispatched vide dispatch no.557 on 29.11.11 and 1034 dated 29.11.11 respectively. Although the cheque no.243566 for an amount of Rs.38,153/- has been credited to the account of the complainant, the other cheque for the amount of Rs.15,515/- has not been credited/transferred to the account of complainant so far.

9.                Ld. counsel for OP1 argued that complainant applied for F-19 and F-10C for final settlement of his PF accumulation and supplied the saving account no.970532, Village Banah Lal, Post Office Gangoli, Distric Rai Bareli (UP), but in the complaint the complainant submitted account no.970532 Branch Mustafabad, Village Gangoli Rai Bareli (UP). This shows that his both the statements are contradicted to each other. Further argued that after making inquiries it has come to the notice of the OP1 that another cheque of Rs.15,515/- has been cleared by State Bank of India, Miller Ganj Branch, Ludhiana. Further argued that as per the report of State Bank of India, the amount of the cheque has been credited in the name of Senior Post Master Ludhiana, then it becomes the duty of Post Master Ludhiana to credit the amount in the account of the complainant immediately.

10.              Ld. counsel for OP2 also argued orally that the payment of cheque no.252505 dated 29.11.11 favouring Ram Kishan account no.970532, Post Office, Banan Lal Gagoli, Rai Bareli for Rs.15,515/- has been made by the OP2 on 5.1.12, when it was presented by Senior Post Master, Ludhiana, through clearing. So, in these circumstances, the present complaint is nothing but an abuse of process of law and the same is liable to be dismissed with special cost.

11.              We have gone through the pleadings of the complainant as well as defence taken by the Ops and also perused the entire record placed on file.

12.              It is evident that OP1 issued cheque no.252505 dated 29.11.11 amounting to Rs.15,515/-  to OP2, which was cleared by them and the said amount of Rs.15,515/- was not transferred in the account of the complainant. Ld. counsel for OP3 averred that they remitted the money after receiving the same from OP2 to the saving account of the complainant in his Village Gangoli, District Rai Bareali. As such, they discharged their duties. Ld. counsel for OP3 averred that complainant has not lodged any complaint with Mustfabad Post Office regarding the non-deposit of the said cheque dated 29.11.11 Complainant has alleged that impugned amount of Rs.15,515/- at Mustfabad Post office had it been so.  It is patently clear that the OP1 and OP2 discharged their liabilities qua the said payment of Rs.15,515/-. Now the matter is required to be examined at the end of the OP3.

13               Sequel to the above discussion, the present complaint is partly allowed and OPs are directed to re-examine the case by giving an opportunity of being heard to the complainant and to verify as on date whether the amount of Rs.15,515/- was duly credited in the said account of the complainant at Post Office Mustabad District Rai Bareali. In case, if the abovesaid amount of Rs.15,515/- is not credited in the account of the complainant, OP3 will ensure that the said amount is credited to the account of the complainant after thorough examination. However, OP3 is at liberty to obtain indemnity bond from the complainant, if so required. Further OP3 is directed to pay Rs.2000/-(Two thousand only) as compensation and litigation expenses compositely assessed to the complainant. Order be complied within 30 days of receipt of the copy of the order, which be made available to the parties, free of costs. File be consigned to record room.

 

                   (Babita)                          (S.P.Garg)                      (R.L.Ahuja)

                   Member                           Member                         President

Announced in Open Forum.

Dated:27.02.2015 

Hardeep Singh