Andhra Pradesh

Kurnool

CC/172/2008

D.Jaanamma, W/o. D. Venkatarami Reddy - Complainant(s)

Versus

President Large Scale Co-operative Society, - Opp.Party(s)

Sri. P.V.Ramana Reddy

03 Apr 2009

ORDER

Heading1
Heading2
 
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)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri.K.V.H. Prasad, B.A., LL.B PRESIDENT
 HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B., MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Cond.,
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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.,
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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.,
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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.,
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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.,
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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.,
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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.,
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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.,
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[HON'BLE MR. JUSTICE Sri.K.V.H. Prasad, B.A., LL.B]
PRESIDENT
 
[HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B.,]
MEMBER

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