DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

[Complaint Case No:560 of 2010]

                                                          Date of Institution : 01.09.2010

                                                            Date of Decision    : 03.06.2011

                                                            -------------------------------------------

Sh. Satya Pal Mohal, Ex. Manager (Depot) son of Late Sh. Ram Sarup Mohal, Aged about 60 years resident of House No.223, Sector 6, Saini Mohalla, Kharar, Distt. Mohali (Punjab).

                                                          …..Complainant.

V E R S U S

1.    General Manager, Food Corporation of India, Bay 34-38, Sector 31-A, Chandigarh.

2.    Zonal Manager, Food Corporation of India, Plot No.A2A, A2B, Sector 24, Noida (U.P.).

3.    Regional Provident Fund Commissioner, Employees Provident Fund, organization, Nidhi Bhawan, A2-C, Sector 24, Gutam Budh Nagar, Noida, U.P.

4.    Regional Provident Fund Commissioner, Punjab, Sector 17, Chandigarh (Performa OP).

…..Opposite Parties.

BEFORE:    SHRI LAKSHMAN SHARMA           PRESIDENT

SHRI ASHOK RAJ BHANDARI        MEMBER

SMT. MADHU MUTNEJA                MEMBER

Argued By:Sh. V. K. Kanwar, Advocate for the complainant.

                   Sh. N. K. Zakhmi, Advocate for OPs No.1 and 2.

                   Ms. Geeta Sharma, Advocate for OP No.3 and 4.

PER LAKSHMAN SHARMA, PRESIDENT

                   Sh. Satyal Pal Mohal has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein for the following reliefs: -

i)                   To hold and declare OPs guilty of deficiency in service as per the provisions of the Act.

ii)                 OPs be directed to settle the pension case of complainant along with interest @18% per annum thereon from the date of eligibility of pension till payment of the same.

iii)              OPs be directed to pay an amount of Rs.50,000/- as compensation to the complainant on account of mental agony suffered by him.

iv)               OPs be directed to pay legal expenses to the complainant.

2.                In brief, the case of the complainant is that he was an employee of Food Corporation of India (hereinafter to be referred as FCI) and was posted as Depot Manager in the office of General Manager, FCI at the time of superannuation. He was superannuated on 30.4.2009.

                   According to the complainant, he was member of Employees Pension Scheme having CPF No.10564 and F.P.S. Account No.15055 and was contributing for the said scheme. He was entitled for the pension under Employees Pension Scheme 1995 from 1.5.2007 on attaining the age of 58 years.

                   It is further pleaded by the complainant that he submitted all the requisite papers for the grant of pension under the said scheme, which were complete in all respects. The said papers were forwarded by the employer to the Deputy General Manager (CPF), Food Corporation of India, Zonal Office (North), Noida vide letter No.A/1(5113)/72/3299 dated 11.9.2007 (Annexure B). Thereafter, the pension case of the complainant was sent back by the CPF Branch  to OP No.1, which was again submitted to the CPF Branch (OP No.2) after rectifying objections vide letter No.A1 (5113)72EII 6186 dated 4.12.2007 (Annexure C). It is averred that CPF Branch forwarded the family pension case of the complainant to the Regional/Assistant Provident Fund Commissioner, Noida (OP No.3) vide letter dated 7.7.2008 (Annexure D), which was again submitted after rectifying objections vide letter dated 16.10.2009 (Annexure E). Since then, the complainant has not received any response from any of the OP and his pension has not been commenced so far. Due to non payment of the pension, the complainant is facing financial difficulty, mental agony and harassment.

                   In these circumstances, the present complaint has been filed seeking the reliefs mentioned above.

3.                In the reply filed by OPs No.1 and 2, it has been averred that there is no delay on the part of OPs No.1 and 2. The delay, if any, is due to procedural formalities. Therefore, OPs No.1 and 2 are not liable to pay any interest to the complainant. It has been pleaded that the said papers were sent to Deputy General Manager (CPF), FCI Zonal Office (North), Noida vide letter dated 11.9.2007 (Annexure I), which were returned by the CPF Branch for want of Social Security Number. The said papers were again resubmitted after completing all the formalities to the CPF Branch (Zonal Office) vide letter dated 13.12.2007 (Annexure II). The CPF Branch (Zonal Office) forwarded the same to the Assistant Provident Fund Commissioner, Noida (OP No.3) vide letter dated 16.7.2008 (Annexure III), which were returned back to OP no.2 vide letter dated 10.9.2010 (Annexure IV). The said papers were again submitted to OP No.3 vide letter dated 27.10.2009 (Annexure V), which was again returned vide letter dated 31.3.2010 (Annexure VI) for complete certain formalities. Finally the papers were resubmitted by OP No.2 to OP No.3 vide letter dated 4.10.2010 (Annexure VII) after completing all the formalities. Thus, according to OPs No.1 and 2, the main reason for delay in submitting the pension papers is due to refusal to accept the said papers by Regional Provident Fund Commissioner’s office on 10.9.2009 and 31.3.2010. Therefore, according to these OPs, there is no delay on their part, so, the complaint deserves dismissal qua them.

                   It is pertinent to mention here that the copies of annexures marked I to VII have not been placed on file while filing the written statement on behalf of OPs No.1 and 2.

4.                In the reply filed by OP No.3, it has been averred that the pension papers of the complainant were received for the first time on 16.07.2008. However, the claim was not complete, the same was returned to OP No.2 on 10.9.2009 with the request to supply the details of pension fund as mandatory under the provision of EPF and Miscellaneous Provisions Act, 1952. The claim was again submitted to OP No.3 on 27.10.2009 with contribution details. It is asserted that again the claim was sent incomplete and OP No.3 returned the same to OP No.2 on 30.3.2010 with the request either to submit along with complete contribution details or intimate break in service, if any. According to OP No.3, the papers submitted by OP No.2 were in such a haphazard and unarranged manner that it took more than normal time in examining and handing over the papers.

                   In these circumstances, it has been prayed that the complaint qua OP No.3 be dismissed.

5.                No reply was filed by OP No.4.

6.                We have heard the learned counsel for the parties and perused the record.

7.                From the written statement filed by OPs as well as from perusal of the documents placed on record by the complainant as well as OP No.3, it is apparent that the pension papers were sent to Deputy General Manager (CPF), FCI Zonal Office (North) Noida, which were complete in all respects, for the first time on 11.9.2007. However, the said office returned the papers for want of Social Security Number. OP No.1 again submitted the pension case of the complainant to OP No.2 on 13.12.2007 i.e. after a period of about three months. OP No.2 forwarded the papers to OP No.3 i.e. Assistant/Regional Provident Fund Commissioner, Food Corporation of India on 7.7.2008 i.e. after about six months.  but the same were returned on 10.9.2009 by OP No.3 to OP No.2.  Thus OP No.3 kept the said papers with it for more than one year. The papers were again submitted by OP No.2 to OP No.3 on 16.10.2009, which were again returned to OP No.2 on 31.3.2010 i.e. after a period of five months. The pension papers were finally resubmitted to OP No.3 by OP No.2 on 4.10.2010 complete in all respects i.e. after a period of about 7 months. Thus, OPs No.1 to 4 are jointly and severally responsible for the delay of settlement of the pension case of the complainant. So, the above said OPs (OPs No.1 to 4) are deficient in providing the service.         

8.                It is matter of great concern that even in the matters of grant of pension, the behavior of officials of OPs No.1 to 4 has been so apathetic and inconsiderate towards their own employees. Admittedly, the pension has by now been released to the complainant i.e. after about 4 years of the submission of the pension papers by the complainant and in our view, he has undergone immense agony and harassment at the hands of all the OPs besides sustaining financial losses for which, OPs are liable to compensate the complainant for the deficiency in service on their part.

9.                In view of the above findings, this complaint is allowed and the OPs are jointly and severally directed to pay to the complainant an amount of Rs.50,000/- as compensation for mental agony and harassment, which he has suffered due to deficiency in service on their part. In addition to this, OPs are also directed to pay to the complainant a sum of Rs.7,000/- as litigation expenses.

10.           This order be complied with by the OPs jointly and severally within 30 days from the date of receipt of its certified copy, failing OPs shall be liable to pay the amount of compensation of Rs.50,000/- along with interest @18% per annum from the date of filing the present complaint i.e.01.09.2010 till the date of actual payment besides Rs.7,000/- as costs of litigation.

11.              Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced.

3^rd June 2011.

Sd/-

 (LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(ASHOK RAJ BHANDARI)

MEMBER

Sd/-

(MADHU MUTNEJA)

MEMBER

Ad/-

C.C.No.560 of   2010

Present :   None.

                                                          ---

                   The case was reserved on 25.05.2011. Vide our detailed order of even date recorded separately, this complaint has been allowed. After compliance file be consigned.

Announced.

03.06.2011       Member           President          Member