Tamil Nadu

South Chennai

17/2012

M.Ganesan - Complainant(s)

Versus

Employees Provident fund Organisation & Other - Opp.Party(s)

P.Chandrasekaran

03 May 2018

ORDER

                                                                        Date of Filing  : 21.12.2011

                                                                          Date of Order : 03.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.17 /2012

DATED THIS THURSDAY THE 03^RD DAY OF MAY 2018

                                

Mr. M. Ganesan,

S/o. Mr. T. Muthu,

No.1/677, Kulakarai Street,

Medavakkam,

Chennai – 600 100.                                                .. Complainant.                  

                                                  ..Versus..

1.  Employees’ Provident Fund Organization,

Rep. by its Regional Provident Fund Commissioner,

Royapettah High Road,

Chennai – 600 014.

 

2. TMP CARS LIMITED,

Rep. by its Managing Director,

‘A’ Block, 2^nd Floor, No.138,

Nungambakkam High Court,

Chennai – 600 034.                                             ..  Opposite parties.

          

Counsel for complainant            :  M/s. P. Chandrasekaran & another

Counsel for 1^st opposite party   :  M/s. S. Srinivasan & another

Counsel for 2^nd opposite party  :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to settle the provident fund dues payable to the complainant with interest at the rate of 18% p.a. from 07.07.2011 to till the date of realization and to pay a sum of Rs.50,000/- towards compensation for mental agony and hardship and to pay the cost of Rs.10,000/-.

1.    The averments of the complaint in brief are as follows:

The complainant submits that he was appointed in the 2^nd opposite party’s company on 26.02.2003 as a Driver.  At the time of joining, his salary is Rs.3,000/- per month and was gradually increased to the tune of Rs.7,600/-.  During his service, he has done extra duties for which, he is entitled to double salary.  Further the complainant submits that, he is entitled for six months extra salary for every year from February, 2003 to April, 2011 for such extra duties.   Further the complainant submits that his Provident Fund claim was duly made and was not cleared fully with interest.   Hence the complainant was constrained to issue legal notice dated:04.07.2011 to the opposite parties for which, the opposite parties issued reply notice denying payment of gratuity and provident fund.  Hence this complaint is filed.

2.      The brief averments in the written version filed by the 1^st opposite party is as follows:

The 1^st opposite party specifically denies each and every allegations made in the complaint and puts the complainant to strict proof of the same.   It is stated by the 1^st opposite party that the complainant was relieved from service on 30.04.2011 as per Form 10 submitted by the 2^nd opposite party.  The complainant’s Employees’ Provident Fund account No is TN MAS/50261/71 as per Form 9.   The date of joining as a member of Employees’ Provident Fund is 01.11.2005.  The complainant’s claim ID is TN MAS/120300039064 was settled on 20.04.2012 after due submission of claim Form no.19 dated: 28.03.2012 for a sum of Rs.50,019/- in which,  the Employees’ share is Rs.38,310/- and the employer’s share is Rs.11,709/-.   The said amount was credited in the account of the complainant at Andra bank, Medavakkam Branch.  Further the 1^st opposite party states that the complainant’s claim was duly settled within the stipulated time and there is no deficiency of service on the part of the opposite party.  Hence the complaint is liable to be dismissed.

3.     M/s. T.s. Gopalan & co., Counsel, initially filed Vakalath for the 2^nd opposite party but subsequently failed to file written version, in spite of sufficient time given.   Hence the 2^nd opposite party was set Exparte.

4.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the 1^st opposite party filed and documents Ex.B1 & Ex.B2 filed and marked on the side of the 1^st opposite party.

5.     The points for consideration is:-

1. Whether the complainant is entitled the Provident Fund dues with interest at the rate of 18% per annum from 07.07.2011 as prayed for?

2. Whether the complainant is entitled for a sum of Rs.50,000/- towards compensation for mental agony with cost of Rs.10,000/- as prayed for?

6.     On point:

Both parties filed their respective written arguments.  Perused the records namely complaint, written version, proof affidavits, documents etc.  Heard the 1^st opposite party’s Counsel also. The complainant pleaded and contended that he was appointed in the 2^nd opposite party’s company on 26.02.2003.  But no appointment order produced in this Forum.   Further the complainant contended that at the time of joining, his salary is Rs.3,000/- and was gradually increased to the tune of Rs.7,600/-.  During his service, he has done extra duties for which, he is entitled to double salary.  But the complainant has not produced any record to prove the overtime duty or extra duty.    Further the contention of the complainant is that, he is entitled for six months extra salary for every year from February, 2003 to April, 2011 for such extra duties.  But none of the documents produced to show such extra duty and eligibility for such salary. Further the contention of the complainant is that his Provident Fund claim was duly made and was not cleared fully with interest.  But the complainant has not assessed the claim in such manner and properly made the prayer in this complaint.  On a careful perusal of the complaint, proof affidavit and documents of the complainant after relieving from his service during the month of November 2011 issued legal notice dated 04.07.2011 and filed this case claiming to settle his entire Provident Funds dues with interest.  The complainant is not aware of the eligible Provident Fund amount also.  The complainant has supressed the receipt of the Provident Fund amount if any in this case. 

7.     The learned Counsel for the 1^st opposite party contended that the complaint is not maintainable either or law or on facts since the relief itself is very vague. The complainant was relieved from service on 30.04.2011 as per Form 10 submitted by the 2^nd opposite party.  The complainant’s Employees’ Provident Fund account No is TN MAS/50261/71 as per Form 9.   The date of joining as a member of Employees’ Provident Fund is 01.11.2005.  But the complainant has not produced any record that he has joined duty on 26.02.2003.  The complainant’s claim ID is TN MAS/120300039064 was settled on 20.04.2012 after due submission of claim Form no.19 dated: 28.03.2012 for a sum of Rs.50,019/- in which,  the Employees’ share is Rs.38,310/- and the employer’s share is Rs.11,709/- which was totally suppressed by the complainant.   The said amount was credited in the account of the complainant at Andra bank, Medavakkam Branch.  Further the contention of the 1^st opposite party is that the complainant’s claim was duly settled within the stipulated time and there is no deficiency in service on the part of the opposite party. Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd  day of May 2018. 

 

MEMBER –I                                                                       PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	2005-06 to 2008-09	Copy of PF Deductions form
Ex.A2	04.07.2001	Copy of Legal notice issued to the 2nd opposite party
Ex.A3	06.07.2011	Copy of Acknowledgement receipt of the opposite parties
Ex.A4	07.07.2011	Copy of resignation letter issued to the 2nd opposite party
Ex.A5	19.07.2011	Copy of reply notice of the 2nd opposite party Counsel
Ex.A6	26.07.2011	Copy of rejoinder notice issued on behalf of the complainant
Ex.A7	15.07.2011	Copy of the  claim form of the complainant to the 2nd opposite party
Ex.A8	29.07.2011	Copy of acknowledgement receipt of the opposite party’s Counsel

 

1^ST OPPOSITE  PARTY SIDE DOCUMENTS:

Ex.B1	15.07.2011	Copy of Claim 19 Form of the complainant
Ex.B2		Copy of Claim 5 Form of the complainant

 

2^ND OPPOSITE  PARTY SIDE DOCUMENTS: EXPARTE

 

MEMBER –I                                                                       PRESIDENT