DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
……………………………………………
Presents:-
1. Sri P.Samantara, President.
2. Sri G.K.Rath, Member.
3. Smt. S.Rath, Member.
Dated. Bolangir the 29th day of June 2016.
C.C.No. 87 of 2015.
Damodar Behera, son of late Bhubaneswar Behera. Resident of Udayanagar,
Bolangir Town. P.O/P.S & Dist- Bolangir.
.. .. Complainant.
-Versus-
1.Employees Provident Fund Commissioner, Saheed Nagar, Bhubaneswar.
Unit-9.
2.Chairman, Utkal Gramya Bank, At- Clubpada, Bolangir Town.
P.O/P.S & Dist- Bolangir.
.. .. Opp.Parties.
Adv. for the complainant – None.
Adv.for the O.P.No.1 - None.
Adv.for the O.P.No.2 – Sri B.K.Mishra.
Date of filing of the case – 01.12.2015
Date of order - 29.06.2016
JUDGMENT.
Sri P.Samantara, President.
In brief the complainant is an employee of Utkal Gramya Bank, Clubpada, Bolangir, retains EPF A/c No.OR/1560/228 and the date of super annuation is 31.01.2015.
2. The complainant averred submitted requisite forms as per the advise letter dt.03.10.2014 for easy facilitation of super annuation benefits. It is also stated for settlement of leave encashment, gratuity, Provident fund and fixation of pension settlement has been delayed although received the entire amount accumulated in EPF Account . Being not able to get the pension after fixation.
3. The complainant also further stated, he is entitled to get around Rs 10,00,000/- towards gratuity, approximately and Rs 2,00,000/ towards leave encashment approximately and Rs 25,000/- as pension in arrear, praying settlement of claim with due interest from the date of retirement along with compensation and litigation expenses. Relied on letters, check list and affidavit.
4. In pursuance to notice, the O.P.1 appeared & filed the version admitting the petitioner is an employee of Utkal Gramya Bank, Bolangir having P.F.No.OR/1560/228 and being super-annuated from service w.e.f. 31.01.2015.
5. The O.P also averred, the pension claim application has been received, settled and sanctioned @ Rs 2,112/- per month vide PPO No.62231 and the pension has already been remitted to the petitioner’s SB A/C No.11341988206.
6. Further stating the member is entitled to monthly pension under FPF-95 w.e.f 10.01.2013.The arrear pension amounting to Rs 71,174/- for the period 10.01.2013 to 31.10.2015 will be credited. Thus praying for dismissal of present dispute brought out by the complainant against the O.P. Further to say, the member is getting monthly pension regularly up to Jan’2016.
7. The O.P.2 filed the version contending, the relationship between the complainant and the O.P is that of an employer and employee not within the meaning of the Act and emphatically denied as consumer.
8. On retirement benefit, the complainant has already received the amount lying in his EPF Account so also the leave encashment benefit and the gratuity amount from employer (the O.P.2) vide cheque No.648348 dt.07.01.2016 for Rs 1,05,847/- and cheque No.527415 dt.07.01.2016 for Rs 6,39,688/- respecting. And stating the complainant is entitled for Rs 2,55,847/- towards leave encashment benefit he has been paid Rs 1,05,847/- and balance amount of Rs 1,50,000/- has been held due to financial irregularity involvement in as a Branch Manager and kept in STDR. From the police case No.252/14 along with department proceeding ahead is pending.
9. On payment of pension is concerned, which entirely within the domain of the P.F. Commissioner. The complainant has absolutely no cause of action, the case is not maintainable. Prayed the case of the complaint may kindly be dismissed with compensatory cost.
10. Heard the counsels & parties at length, perused the materials on record. It is well settled principle employees retaining account with employees provident fund, is a consumer. The issues against O.P.2 in some front is a consumer and in other the relation is of employer and employee. Thus beyond the purview of the meaning and the act.
11. As against the O.P.1, it is admitted have already received accumulated EPF amount, also in due process of receive the arrear of pension amounting to Rs 71,174/- for the period 10.01..2013 to 31.10.2015 has already credited to SB A/c. No.11341988206 on dt. 04.03.2016 Thus nothing more to ensue. Fixation of pension is a matter beyond the consumer purview and relates to employer and employee administration service benefits. Dues of arrear in pension includes to review. Hence O.P.1 has already dispensed the reliefs in due process.
12. The contention on leave encashment benefit, gratuity and fixation of pension. It is transpired from the version that O.P.2 remitted Rs 1,05,847/- vide cheque No.648348 dt.07.01.2016 and cheque No.527415 dt.07.01.2016 for Rs 6,39,688/- respectively towards leave encashment and gratuity. And further stating, though complainant is entitled to Rs 2,55,847/- for leave encashment and has been paid Rs 1,05,847/- and the balance amount of Rs 1,50,000/- has been kept in STDR for the financial irregularity under police case No.252/14 for Bileisarda Branch of UGB along with departmental proceeding, so no cause of action ensues under the provision of the consumer protection Act to issue a direction to release the sum held as punishmentary blockade and not within the domain of the C.P.Act. Even we also come across, the dues in arrear has been raised in approximate value and not a single of document produced in exact amount evidencing respectively in gratuity and leave encashment to undertake a revision.
13. We found the contentions on various relief as raised by the petitioner has already been received/paid and the issues remain unanswered are not come within the purview of the Act apart from disciplinary proceeding.
14. Thus the case is failed as the issues raised are non sustaining within the provision of the Act. No deficiency found to note .Amounts arrears and dues already received and made with payment.
No order as to cost.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 29TH DAY OF JUNE 2016.
(S.RATH) (G.K.RATH) (P.SAMANTARA)
MEMBER MEMBER. PRESIDENT.
