MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix as per the complaint is that, the complainant worked in KMC construction Ltd, since July 2010 and resigned in May 2012. During his tenure he was allotted with EPF A/c no. AP/HYD/18829/838/3762. Being inadvertent of the status of the said EPF A/c details, he applied under RTI to the OP.2, the EPFC, Hyderabad, who on reply informed that the name of Pradeep Kumar Sahu against the EPF A/c No was correct but the name of father is entered as Suresh Pratap Sahu and not Ullas Sahu. The contribution is made from 6/11 and no further contribution is made after 5/12. After the letter received, the complainant sent the form 19 & 10C of EPF duly filled up with all enclosures required to OP.1 for onward submission to the OP.2 for liquidation of the EPF A/c but, the OP.1 neither submitted the forms to OP.2 nor provided any further information. Hence, aggrieved by such inaction and negligence of OP.1 he has filed this complaint, with prayers to direct the OP.s to take immediate action in disbursed of the EPF accumulations in favour of the member, with compensation of Rs.30,000/- & cost of Rs.20,000/-. The complainant has filed certain document in support of his claim. Considered.
2. The OP.2 entered his appearance through his counsel Mr. S.N.Mahapatra, Advocate on dt.24.05.16, to contend that, the organization of OP.1 is covered under the EPF & MP Act 1952 with establishment code AP/18829/3762, but as there is no claim is made against A/c no. AP/18829/3762, hence the complaint is premature against him, as thus he prayed for dismissal. Considered.
3. The OP.1 did not come to represent his cause against the complaint, nor appeared before this forum, hence set ex parte and complainant is heard in his absence.
4. It is a fact that, the OP.1 establishment is covered under EPF & MP Act and the complainant worked under the establishment, and was allotted EPF A/c No. AP/18829/3762 and contributions made from 6/11 to 5/2012.
5. From the submissions and copy of postal receipt dt.13.8.15 it is also a fact that, the complainant has submitted the required forms of 19 & 10 C of EPFO to the OP.1 for his resubmission to EPFO (RO, Hyderabad) with due attestation for settlement of claims. Moreover from the letter of OP.2, cited by complainant shows that in the membership EPF A/c the name of father of complainant is wrongly entered as Suresh Pratap Sahu, instead of Ullas Sahu. This shows the action of OP.1 is dealing with the grievance/ cause of complainant is arbitrary and negligent, as thus inflicting the complainant financial hardship & mental agony and entanglement of present lis.
Hence the complaint is allowed against the OP.1.
ORDER
i. The OP.1 is hereby directed to resubmit the EPF form 19 & 10C of the complainant with due attestation and rectification against EPF A/c no. AP/18829/3762, immediately on receipt of this order.
ii. The OP.1 is further directed to pay a compensation of Rs.10,000/- (Ten thousand) inter alia Rs.1000/- (One thousand) as litigation cost to the complainant.
iii. The OP.2 is directed to process the applications in form 19 & 10 with due rectification as advised, against the above EPF No, at the earliest possible. Pronounced in the open forum on 20th day of Dec’2016.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
