Complaint Case No. CC/172/2008 |
| | 1. D.Jaanamma, W/o. D. Venkatarami Reddy | All are residents of H.No. 2/75, 2nd Ward, Joharapuram Village , Aspari Mandal-518 347, Kurnool. | Kurnool | Andhra Pradesh | 2. D.Mohan Reddy , S/o. D. Venkatarami Reddy | Complainants 2 and 3 being minors represented by Natural guardian mother 1st complainant , All are residents of H.No. 2/75, 2nd Ward, Joharapuram Village , Aspari Mandal-518 347, Kurnool. | Kurnool | Andhra Pradesh | 3. D.Venkateswaramma, D/o. D.Venkatarami Reddy, | Complainants 2 and 3 being minors represented by Natural guardian mother 1st complainant , All are residents of H.No. 2/75, 2nd Ward, Joharapuram Village , Aspari Mandal-518 347, Kurnool. | Kurnool | Andhra Pradesh |
| ...........Complainant(s) | |
Versus | 1. President Large Scale Co-operative Society, | D.No.3/81, 3rd Ward, Near R.T.C. Bus-stand , Aspari-518 347, Kurnool. | Kurnool | Andhra Pradesh | 2. Manager, Primary Agricultural Co-operative Society, | D.No.3/81, 3rd Ward, Near RTC Bus-stand , Aspari-518 347, Kurnool. | Kurnool | Andhra Pradesh | 3. The District Co-operative Central Bank Limited By its General Manager, | D.No.46-1-C, Near Collectrorate , Kurnool-518 001. | Kurnool | Andhra Pradesh |
| ............Opp.Party(s) |
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ORDER | Cond., - 1 - BEFORE THE DISTRICT FORUM:KURNOOL Present: Sri.K.V.H. Prasad, B.A., LL.B President And Smt. C.Preethi, M.A.LL.B., Lady Member Friday the 03rd day of April, 2009 C.C.No. 172/08 Between: 1. D.Jaanamma, W/o. D. Venkatarami Reddy, 2. D.Mohan Reddy , S/o. D. Venkatarami Reddy, 3. D.Venkateswaramma, D/o. D.Venkatarami Reddy, Complainants 2 & 3 being minors represented by Natural guardian mother 1st complainant , All are residents of H.No. 2/75, 2nd Ward, Joharapuram Village , Aspari Mandal – 518 347, Kurnool. … Complainants Versus 1.President Large Scale Co-operative Society, D.No.3/81, 3rd Ward, Near R.T.C. Bus-stand , Aspari – 518 347, Kurnool. 2. Manager, Primary Agricultural Co-operative Society, D.No.3/81, 3rd Ward, Near RTC Bus-stand , Aspari – 518 347, Kurnool. 3. The District Co-operative Central Bank Limited By its General Manager, D.No.46-1-C, Near Collectrorate , Kurnool – 518 001. … Opposite parties This complaint is coming on this day for orders in the presence of Sri. P.V.Ramana Reddy , Advocate, for the complainant, and opposite party No. 1 and 2 is called absent set exparte and Sri. G.Sudhakara Reddy , Advocate for opposite party No. 3 , and upon perusing the material papers on record, the Forum made the following. Cond., - 2 - ORDER (As per Smt. C.Preethi, Lady Member) C.C.No.172/08 1. This consumer complaint of the complainant is filed U/S 13 of C.P.Act, 1986 seeking direction on opposite parties to pay provident fund , gratuity and other d eath benefits to the complainants with 24% interest p.a., Rs.1 lakh as compensation for mental agony , cost of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case. 2. The brief facts of the complainants case is that the complainant No.1 is the wife and complainant No.2 and 3 are son and daughter of one D.Venkatarami Reddy , who was working as Secretary of PACS Joharapuram .As Venkatarami Reddy was suffering from gastritis , he was admitted in Viswa Bharathi Hospital , Kurnool and he wrote a letter dated 25-07-2006 to opposite party No.3 requesting to release Rs.30,000/- from his P.F account and there was no response from opposite parties and the said Venkatarami Reddy died on 12-08-2006 . Thereafter, on 18-01-2007 the complainant NO.1 wrote a letter to opposite parties along with death certificate family member certificate and no due certificate to release death emoluments including P.F , gratuity and leave certificate , but there was no response from the opposite parties and a reminder letters were addressed on 19-03-2007 and on 29-05-2007 . Being vexed the complainant got issued legal notice dated 29-07-2007 and another reminder notice dated 04-04-2008 to opposite parties 1 and 2 and the opposite party No.1 responded on 16-04-2008 admitting dues of Rs.1 lakh towards gratuity and Rs.44,000/- towards leave salary but expressed its inability in paying said gratuity amount to unavailability of funds . The non release of said amount caused mental agony to the complainant and resorted to the forum for reliefs. 3. In support of her case the complainant relied on the following documents viz., (1) office copy of letter dated 25-07-2006 of complainant No.1 of the deceased Venkatarami Reddy to General Manager, District Cooperative Central Bank , Kurnool, (2) death certificate , (3) letter dated Cond., - 3 - 19-03-2007 of complainant No.1 to opposite party No. 3, (4) carbon copy of letter dated 29-05-2007 of complainant No.1 to opposite party No.3 , (5) office copy of legal notice dated 29-07-2007 to opposite party No. 3 , (6) office copy of legal notice dated 04-04-2008 to opposite parties 1 and 2 and (7) reply of opposite party No.1 dated 16-04-2008 to Ex.A6 ,besides to the sworn affidavit of the complainant in reiteration of her complaint averments and the above documents are marked as Ex.A1 to A7 for its appreciation in this case and replies to the interrogatories exchanged. 4. In pursuance to the notice of this forum as to this case of the complainant the opposite parties 1 and 2 remained absent through out the case proceedings and were made exparte . The opposite party No. 3 appeared through their counsel and contested the case by filling written version. 5. The written version of opposite party No. 3 denies the complaint as not maintainable either in law or on facts but admits that on 17-01-2007 the opposite party No. 3 asked the Branch Manager, Alur to submit the payment particulars of complainant No.1’s husband and the Branch Manager submitted “Due to” amount particulars of the deceased are with audit . As per the audit report up to 25-07-2005 the deceased drawn from the society under the heads of medical aid Rs.5,000/- and surrender leave Rs.28,289/- , PF account Rs.70,312/- and PF account drawn Rs.45,000/- totaling Rs.1,44,101/- , On 13-03-2007 opposite party No.3 conducted a meeting with District Co-Operative Officer and took a decision to release the PF accumulations by examining each case of retired or died with reference to misappropriated amount or due to amount and the amount allowed as per G.Os from time to time . The opposite party No. 3 is ready to pay the PF amount which kept in PF account as on 21-04-1995 i.e, Rs.20,933/- and as on 31-03-2007 the amount with accrued amount is Rs.67,464/- , is subject to production of no due certificate from Branch Manger , Alur. The opposite party No. 3 in their letter dated 22-08-2007 informed complainant No. 1 to remit the due to account to the Aspari LSCS and t o obtained no due certificate from Branch Manger , Alur and produce the same to opposite party No. 3. Soon after receipt of the same the opposite party No. 3 will consider to release the PF account of the above deceased PACS employee. As such there is no deficiency of service Cond., - 4 - on part of opposite party No. 3 and the interest claimed and compensation for mental agony is excessive and lastly seeks for the dismissal of complaint with costs. 6. In support of their case the opposite parties did not file any documents and the opposite party No. 3 relied on its sworn affidavit and replies to the interrogatories exchanged. 7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite parties ?. 8. It is the case of the complainants that deceased D.Venkata Rami Reddy husband of complainant No.1 and father of complainant No.2 and 3 was working as Secretary of P.A.C.S.. Joharapuram and who died on 2-08-2006. O n 18-01-2007 the complainant No.1 addressed a letter to opposite parties to release the death emoluments of her husband deceased D.Venkata Rami Reddy including , P.F. Gratuity , and leave salary along with death certificate , family member certificate and no due certificates as there was no response to the said letter, reminders letter dated 19-03-2007 and 29-05-2007 were addressed by complainant to opposite party No.3 vide Ex.A3 and Ex.A4 , they envisage the request of complainant to release the death emoluments of her husband as she is in dire need of money . Even to the said reminder letters there was no reply, the complainant being vexed got issued legal notice dated 29-07-2007 to opposite party No. 3 vide Ex.A5 and another legal notice dated 04-04-2008 to opposite parties 1 and 2 vide Ex.A6 the same grievances such as non release of death emoluments of her husband ,failing which the complainant will be constrained to take legal action. 9. The opposite party No.1 replied to Ex.A6 vide Ex.A7. The Ex.A7 is the reply letter of opposite party No.1 dated 16-04-2008 addressed to the complainants Advocate , it admits that the deceased D.Venkata Rami Reddy was eligible for payment of Gratuity of Rs. 1.00 lakh and leave salary of Rs.0.44 lakhs as per special bye laws of the society . It also further stated that opposite party No. 1 has no authority as to the payment of provident fund , which has been invested at Kurnool District Co-operative Central Bank , (KDCC Bank) , Kurnool and requests the complainant to approach Cond., - 5 - General Manager , KDCC Bank for PF amount. Regarding the payment of gratuity and leave salaries i.e, Rs.1,44,000/- the opposite party No. 1 submitted that when ever they receive amount from the borrower they will pay the benefits to the complainant. 10. The counsel for complainant strongly contended that the gratuity , leave salaries of Rs.1,44,000/- and PF amount pertaining to the late D.Venkata Rami Reddy has to be paid to the legal heir of late D.Venkata Rami Reddy immediately after the death of said Rami Reddy. The opposite parties on the other hand taking one plea or the other and are evading to pay the death benefits to the complainant . 11. The opposite party No.3 in his written version averments at para 4 admits that they are ready to pay the PF amount with accrued interest i.e, Rs.67,464/- to the complainant on production of no due certificate issued by Branch Manager , Alur . The complainant submits that no due certificate was already submitted to the opposite parties but the opposite party No. 3 in reply to interrogatories No.14 stated that till 13-07-2007 no due certificate was not received by them. The complainant did not place any such material on record to prove that no due certificate was submitted to opposite party No. 3 in the absence of any such material , it cannot be said that no due certificate was submitted to opposite party No. 3, Hence, it is for the complainant to submit no due certificate issued by Branch Manager, Alur to opposite party No. 3 and there after the opposite party No. 3 will release the PF amount of Rs.67,464/- immediately to the complainant . 12. The other plea of the complainant is that gratuity and leave salary of Rs.1,44,000/- has to be paid by opposite parties 1 and 2 . The opposite party No. 1 in Ex.A7 submitted that when ever the borrowers pay the dues they will pay the said amount to the complainant . This plea of opposite party No. 1 is untenable and cannot be accepted. The gratuity and leave salaries are to be paid to legal heirs of the deceased immediately after the death of employee but in this case the opposite party No. 1 is evading to pay the said death benefits on vague pleas which are not acceptable. Hence, it is for the opposite party No.1 and 2 to pay the said gratuity and leave salary of Rs.1,44,000/- to the complainant duly deducting the due to Cond., - 6 - items shown in the audit report to the liability of the deceased D.Venkata Rami Reddy. 13. To sum up the above discussion , the opposite parties 1 to 3 are at deficiency of service to the complainant in not paying the above said amounts to the complainant , to which the complainant is perfectly remaining liable. 14. In the result, the complaint is allowed directing the opposite parties 1 and 2 jointly and severally to pay to the complainant the gratuity and leave salary amounting to Rs.1,44,000/- , subject to deduction of any due amounts shown to the liability of the deceased D.Venkata Rami Reddy in the audit report . Time granted for opposite parties 1 and 2 for compliance of above order is one month from the date of receipt of this order. In the light of the admission of opposite party No. 3 in its written version as to its readiness to pay the provident fund amount of Rs.67,464/- to the complainant subject to production of no due certificate obtained from Branch Manager, Alur , the opposite party No. 3 is accordingly directed to pay the said provident fund amount of Rs.67,464/- to the complainant subject to production of no due certificate . One month time granted from the date of receipt of this order to the complainant for compliance of the direction as to the submission of no due certificate to opposite party No. 3 . There on one month time is granted to opposite party No. 3 for compliance of above order. As the opposite parties 1 to 3 driven the complainant to the forum for redressal of her grievances the opposite parties 1 to 3 remain liable to pay an amount of Rs.1,000/- each to the complainant towards costs of this case. In default of compliance of above order , the opposite parties 1 to 3 shall pay the above award with 12% interest from the date of default till realization. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 03rd day of April, 2009 Sd/- Sd/- MEMBER PRESIDENT Cond., - 7 - APPENDIX OF EVIDENCE Witnesses Examined For the complainant :Nil For the opposite parties :Nil List of exhibits marked for the complainant:- Ex.A1. Office copy of letter dated 25-07-2006 of complainant No.1 Husband to General Manager, District Co-operative Central Bank Limited, Kurnool. Ex.A2. Death certificate. Ex.A3. Letter dated 19-03-2007 of complainant No.1 to OP.No.3. Ex.A4. Carbon copy of letter dated 29-05-2007 of complainant No.1 to OP.No.3. Ex.A5. Office copy of legal notice dated 29-07-2007 to OP.No.3 along with acknowledgement. Ex.A6. Office copy of another legal notice dated 04-04-2008 to OP.No.1 & OP.No.2 along with acknowledgement of OP.No.2. Ex.A7. Reply of OP.No.1 dated 16-04-2008 to Ex.A6. . List of exhibits marked for the opposite parties: Nil Sd/- Sd/- MEMBER PRESIDENT // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987// Copy to:- Complainant and Opposite parties Copy was made ready on : Copy was dispatched on : Cond., - 8 - | |