O R D E R
K.S. MOHI, PRESIDENT
The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is working as Asstt. Clerk in the Office of the O.P-1 from 1st December 1976 to till date. It is alleged that O.P-1 was deducting PF from the salary of the complainant regularly as per the provision of Employee Provident Fund Act, hereafter will be referred as EPFO but never provided the annual contribution statement from the EPFO after 1991 despite repeated request. It is further alleged that complainant time and again requested the O.P-1 to intimate about the available balance but the O.Ps never ever bothered to reply to the complainant. It is alleged that O.P-3 vide its letter dated 02.08.2011 informed the complainant that the PF Account No.WB/16644/6 has not received employer contribution with O.P-2 & 3 and has thereby breached the provision of Employee Provident Fund Act 1952. That the said letter is silent about the contribution deducted from the complainant salary after 2008-2009. It is further alleged that the additional CPFC (WB) has requested the O.P-3 to look into the matter by using enforcement machinery and send the action taken report to the O.P-2 with intimation to the complainant but the complainant has so far not received any action taken report from O.P-3. It is alleged that by not providing the relevant information and failing in its statutory duty to take strict action against the employer of the complainant for recovery of the contribution due the O.P-2 and 3 has failed in its statutory duty and are therefore, liable for deficiency in service. It is further alleged that the O.P-1 has neither contributed to the employer contribution nor has deposited the deducted amount with the O.P-2 & 3 although the same has been duly reflected in their O.P-1 balance sheet. On these facts complainant prays that O.Ps be directed to provide the actual amount of contribution with interest accumulated in the name of the complainant till date and a sum of Rs.80,000/- for mental agony, suffered by complainant.
2. O.Ps appeared and filed their written statements. In its written statement OP-1 has not disputed that complainant is working as Asstt. Clerk in the Office of the O.P-1 from 1st December 1976 to till date. It is alleged that the contents contrary to the record of the O.P are here by specifically denied on the ground that due to committal of natural calamity i.e. unprecedented fire in the Head Office of the company at Kolkata and accordingly the relevant service record of all the employees was destroyed and the O.P under reply wrote number of letters to the O.P-3 for getting copies of the relevant record so as to enable to sort out the disputes regarding the pecuniary benefits of the employees under the Employees Provident Funds Act but the authorities concerned failed to provide the said record till today on one pretext or another for the reasons best known to them. On the other hand O.P-2 & 3 in its written statements has alleged that as the last accounts slip crediting contribution was issued upto the year 1992-92, it took a considerable time to update the accounts for 20 long years as processing of each year’s accounts involves complicated accounting exercise including searching of various old records and checking the same for the purpose of verification. It is alleged that recently the Employees Provident Fund Organization has undergone a drastic phase of computerization. After the introduction of new software in Employees Provident Fund Organization all the data had migrated from the old system to new system and since the accounts were not updated even in the old system at SRO, Park Street, it took more time to process the accounts. The technological issue was beyond the control of the office. It is further alleged that it was also found that for some years there were serious mistakes in accounting due to technical reasons and the said problems also had to be attended to and sorted out and quite a few numbers of staff were engaged for the purpose of the said rectification exercises. It is alleged that finally the accounts slip was issued upto the year 2011-12 and handed over to the representative of the establishment for onward distribution to the petitioner as well as the others. It is further alleged that the accounts slips contain contributions till the period 2009-10 i.e. the period upto which the establishment has complied with this office. Presently the establishment at Kolkata is closed. Intimation has been sent to the employer for 2010-11 and 2011-12 are received the same will also be accounted for. It is also intimated that the Government is yet to decide about the rate of interest for the year 2012-13. The Organization shall commence the processing of accounts for the year 2012-2013 once the Central Government notifies the rate of interest. It is alleged that the PF department is passing through a phase of technological transition. Despite the same serious efforts are put in by the Organization to ensure speedy settlement of claims and prompt issue of annual statement of accounts. However, we acknowledge the delay in issuing of accounts in this particular case and we also understand the sentiment of the member for not having received the update accounts slip for such a long time. It is further alleged that the Officer-in-charge of EPFO, Sub-Regional Office, Park Street has already taken up the matter at his level and has decide to fix the responsibility on the individuals who were responsible for the delay in order to take appropriate departmental action.
3. Complainant has filed his affidavit in evidence testifying all the facts made in the complaint. On the other hand Mr. Vijay Kumar Seth, Executive Incharge of O.P-1 and Mr. Raju, Assistant PF Commissioner (Legal) of O.P-2 & 3 has already filed their affidavit in evidence.
4. We have carefully gone through the record of the case and also heard submissions of Ld. Counsels for the parties.
5. During the course of argument Sh. Dinesh Kumar, Proxy. Counsel for complainant appeared before the forum on 13.01.2016 and made statement that he had got the instruction of senior counsel Sh. Tarun Kumar, to state that the entire payment sought in the complaint has been received by the complainant with upto date interest. However, he prayed for compensation on account of harassment and legal expenses borne by the complainant. The perusal of the file indicates that all the money concerning provident fund of the complainant and the interest accrued there on stood paid by the O.Ps obviously the complainant had to file present case and approach the forum for redressing of his grievance for which he needs to be adequately compensated.
6. We are, therefore, of the opinion that ends of justice would be met if we direct to O.P-1 to pay a sum of Rs.10,000/- towards harassment, mental agony and litigation cost. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced this 22nd day of February,2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
