Mr. Pramod B. adv. for respodnent.

          Delay of 78 days in filing the revision petition is condoned.

          Central Bank of India & Ors., petitioners herein, were opposite parties before the District Forum.

          Briefly stated, the facts are that one Umesh Chander, who was son of the respondent/complainant, was an employee of the petitioner bank.  He had been maintaining an EPF A/c with the petitioner.              He had disappeared on 02.6.1990.  He was unmarried.  Respondent

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being his mother and legal heir approached the petitioner bank for release of amount of the EPF Account.  Petitioner told her that the amount can be released to her only when it is proved that her son is dead or he is deemed to have been dead and a person is deemed to have been dead only after seven years of his disappearance.  After the lapse of seven years, the petitioner asked the mother to obtain a Succession Certificate.  Ultimately, the amount was released to the respondent/complainant on 20.11.2001 with interest upto 03.5.1991.  Interest for the remaining period was not paid.  Respondent being aggrieved filed a complaint before the District Forum.

          District Forum vide its order dated 16.11.2004 dismissed the complaint, aggrieved against which the respondent filed an appeal before the State Commission which has been allowed in following terms:

“Having regard to the observations made above, we find force in this appeal which stands allowed with costs which we quantify at Rs. 5,000.00.  The complaint of Munni Devi is allowed and she is held to be entitled to claim Rs.25,000.00 as interest with effect

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from.  04.06.1991 until the complaint was filed.  She will also be entitle to claim 25,000.00 as damages for mental and physical inconvenience as she was harassed by the Bank authorities and asked to wait until expiry of seven yeas after her son had disappeared.  As said above the disciplinary inquiry in the time would have ended up on termination of the services of her son, as a result of which she would have been entitled to claim gratuity, EPF and other dues. Thus the Bank would pay in all a sum of                         Rs.5,500.00 along with interest @ Rs.18% PER ANNUM, with effect from that date of filing of complaint until the payment  would be made.”

          It is not disputed before us that the amount lying deposited in EPF Account carries interest at the rate determined by the Board of Trustees of the Employees’ Provident Fund from year to year.  The amount was lying with the petitioner all these years but it did not pay the same to the respondent, firstly on account that seven years from the date of disappearance had not lapsed as the respondent had failed to prove the death of Umesh Chand.  Later on, the amount  was not released as the respondent was asked to obtain Succession

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Certificate.  But, the fact remains that the amount kept on lying in the EPF Account which carried the interest as determined by Board of Trustees of Employees’ Provident Fund.  Petitioner is duty bound to pay the amount lying in EPF Account along with interest which it had earned from 04.6.2001 till its release on 20.11.2004.  The State Commission is absolutely right in holding that the petitioner was liable to pay the amount lying in the EPF Account along with interest.  The State Commission has held that Munni Devi, respondent herein, is entitled to Rs.25,000/- as interest w.e.f. 04.6.1991 till the date of filing of complaint; that she was also entitled to claim Rs.25,000/- as damages for physical and mental agony as she was harassed by the bank authorities and asked to wait for a period of seven years after disappearance of his son.  Costs of Rs.5000/- were also awarded.  On this amount, the petitioner has been asked to pay interest @ 18% w.e.f. the date of filing of the complaint till payment.

          We modify the order of the State Commission and direct                    the petitioner to pay interest on the amount which was lying deposited                in the EPF Account at the rate prevailing  from  time  to  time as

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determined by Board of Trustees of Employees’ Provident Fund from 04.6.1991 till the date of payment on 20.11.2001.  We reduce the damages from Rs.25,000/- to Rs.15,000/-.  Order of Costs of Rs.5000/- is upheld.

            Revision petition is disposed of in above terms.