Sri S.K.Sahoo,President.

             The  complainant  Kumudini Behera has filed  the present complaint before the opp.party U/s. 35 of C.P.Act,2019.

2.       The  case of the  complainant is that she is the  wife of  Late Palau Behera who was  an employee of  Nalco  having P.No. 00003968 of Smelter Plant Angul. He died on 20.12.2017 during his  service , leaving behind  the complainant as wife and a son  and  a daughter. The  complainant and her children applied for family pension under the prescribed form in the year 2018 i.e soon after the death of  Palau Behera. The said  application  was submitted to  the  corporate office on 23.12.2018 in turn, the corporate  office  sent the same  to the opp.parties on 17.01.2019 . The said application was rejected due to non-availability of  single bank account  of the  daughter as she was fully handicap . She died  unmarried in the year 2019.The son of the  complainant crossed the age of 25 years. Again  in the  year 2021 the  complainant  applied for family pension in prescribed  proforma  through H.R.D,Nalco Angul  which was received by the corporate office on 29.12.2021. On 11.01.2022 the Corporate office sent the same to the office of the opp.party  for  family  pension. Thereafter, the opp.party did not take any step, for which the complainant sent a  pleader notice along with  the copy of  reference No. NBC/PF/46/2022 to the opp.parties through Regd. post with a  request for release of   family  pension within 15 days  from receipt of the  pleader notice. The  opp.party has  received the said  pleader notice on 28.07.2022 but remained silent. After the stipulated period  of 15 days the  complainant has filed the  present complaint.

3.       Notice  was issued to the opp.party through Regd. post with A.D. The opp.party appeared before this Commission , contested the case    and filing show cause.

4.       The  case of the opp.party  is that That the complainant Kumudini Behera wife of the deceased member Sh,Palau Behera PF A/c No. OR/BBS/4090/2976 has filed the present consumer complaint before the Hon'ble Dist. Consumer Forum, Angul to issue direction to settle the final dues of EPF and EPS amount. After examining the records maintained in respect of the complainant the details are found that the petitioner Kumudini Behera wife of the deceased member Sh. Palau Behera, PF A/c No. OR/BBS/4090/2976 has filed the petition before the Hon'ble DCDRC, Angul for non receipt of pension after death of her deceased husband. On verification of the member's ledger it is observed that the member joined in the establishment on dated 12-12-1987 and left service on dated 20-12-2017 due to death in service. But the contribution for the period from 01-12-2017 to 20-12-2017 has not been received so far at this end. After death of the member the petitioner Smt. Kumudini Behera has not submitted Pension claim application along with relevant documents for payment of pension as per the provisions of EPF 1995 Scheme as verified from the office record. However the petitioner has filed the petition for non receipt of pension after a lapse of 5 years from the death of the member. That, the authorised Officer Sh. B.Rath, Area EO has appeared before the Hon'ble DCDRC on dated 20-10- 2022 and presented the above facts on behalf of OP. No. 1 and pursued the advocate of the petitioner to submit the pension claim application in Form No. 100 and relevant documents as per the provisions of EPS 1995 Scheme for payment of widow pension. Accordingly, the Area EO handed over the pension Claim application in form No. 100 to the advocate for early submission of the same through employer. That the management has neither deposited the dues for the period from 01-12-2017 to 20-12-2017 nor submitted any clarification with documentary evidences in respect of the member after lapse of 5 years. Without payment of dues and proper clarification on the service period the employer updated the date and reason of leaving service as date of death of the member was while in service. The concerned exempted accounts section has also discussed the matter with the management and also forwarded the pension claim application in form No 100 to the petitioner with a request to submit the same through the establishment for early submission of the same for payment of monthly widow pension as per the provisions of EPS’ 1995 Scheme.

5.       The  complainant filed his  affidavit evidence  on 06.04.2023  and the  copy of the same was served  on the  authorised representative of the opp.party on 12.04.2023. Argument was heard on 11.05.2023. During argument the authorised representative of the opp.party submitted that they have  not received the pension paper of the  complainant from the  corporate office i.e Nalco earlier and if a fresh application for family pension  will be filed it will be disposed of soon.

6.       The  complainant has filed the  complaint petition supported with affidavit She has also filed  affidavit  evidence in support of  her  claim for  family pension. Admittedly  the  husband of the  complainant was serving under Nalco who died during service. Although it is  alleged by the complainant that  Nalco has  forwarded her family  pension paper to the opp.party in several occasions, no action was taken by the opp.party for release of the family  pension. On the other hand  it is  argued and submitted  by the opp.party that no such application for  family pension was  received  by the opp.party till today. The complainant was asked to  produce acknowledgement of opp.party relating  to receipt of family pension papers from  Nalco but they  failed to  produce any documents  to show that in fact the opp.party has received family pension paper from Nalco. It is  also clear from letter dtd. 08.05.2023 of  Sr. EO. NEPFT  of Nalco Employees Provident Fund Trust that they have no acknowledgements of  the opp.party due to Covid restriction.  So the claim of the  complainant  that Nalco has sent the papers relating to  family pension to the office of the opp.party is  not  supported with reliable evidence. However, during hearing  of the  case the opp.party  was directed to settle the claim  by accepting a  proper application  from the  complainant  for release of  family pension and accordingly the  complainant submitted the  same and  the opp.party  released the family pension in favour of the  complainant and  his family. The total amount  of  family pension up to date was deposited in the account of the  complainant.

7.       The complainant  failed to prove that  there is deficiency in service on the part of the opp.party  .

8.       Hence order :-

: O R D E R:

            The case  be  and  the same is dismissed  on contest.