Punjab

Sangrur

CC/312/2016

Nanak Shah - Complainant(s)

Versus

Regional Provident Fund Commissioner - Opp.Party(s)

Shri Rohit Jain

06 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

 

                                                Complaint No.  312

                                                Instituted on:    01.03.2016

                                                Decided on:       06.09.2016

 

Nanak Shah aged about 61 years son of Shri Parshotam Shah, resident of Dandhi Nagar, Naudharani Road, Malerkotla, District Sangrur.

                                                        ..Complainant

                                        Versus

1.     Employees’ Provident Fund Organisation, Provident Fund Organization Phase I, Urban Estate, Near Doordarshan Tower, Bhatinda, through its Regional Provident Fund Commissioner.

2.     Employees’ Provident Fund Organisation, SCO-13, Kaula Park, Sangrur through its Inspector.

3.     State Bank of India through its Chief Manager/Branch Manager, College Road, Malerkotla, District Sangrur.

                                                        ..Opposite parties

 

For the complainant  :       Shri Rohit Jain, Adv.

For OPS no.1&2       :       Shri S.S.Bal, Advocate.

For OP No.3             :       Exparte.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Nanak Shah,  complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant was an employee of Malerkotla Steel and Alloys (P) Ltd. and as such was covered under the EPF scheme and his account number is PB/BTI/13686/121, wherein the deductions on account of EPF are deposited from both the sides i.e. employer and employee which also carries interest as per the rules of the government.

 

2.             The case of the complainant is that due to his old age, the complainant was not able to work and as such he left his job in August, 2015 and as such applied for withdrawal of the dues in his account on account of provident fund and employees family pension. Further case of the complainant is that the amount of his dues were not paid by the Ops despite his efforts and as such approached the OP number 1 in the month of January, 2016, who told that the amount has already been sent to State Bank of India, College Road, Malerkotla along with pension and arrears, but the grievance of the complainant is that when he enquired from the bank, it was told that they have not received any amount from the Employees Provident Fund office. The case of the complainant is that his due amount has not been received despite his best efforts and approaching the OPs. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay his provident fund amount and employee family pension amount to the tune of Rs.90,000/- along with interest and further claimed compensation and litigation expenses.

 

3.             In reply filed by OPs number 1 and 2, preliminary objections are taken up on the grounds that the complaint is false, frivolous and the same is baseless and the complaint is premature.  On merits, it is admitted that the complainant is having an account as stated above and it is stated that on receipt of form number 19 from the complainant on 25.8.2015, the claim of PF was settled for Rs.82,756/- and the same was remitted in his saving bank account number 31183116562 maintained with State Bank of India, College Road, Malerkotla vide cheque number 601946 dated 4.9.2015. The form number 10-C in respect of the complainant was never received. It is further stated that the OP wrote letter to OP number 3 on 16.3.2016 i.e. State Bank of India, Kikar Bazar, Bathinda with regard to the issue of non payment certificate in respect of the complainant, who replied that the amount in question could not be credited in the bank account of the complainant due to the reason that account of the complainant was ‘No Frill Account’ and the same was required to be converted into normal account for getting the amount credited in the account of the complainant, as the amount cannot be deposited in the account without getting converted the same into normal account. However, any deficiency in service on the part of the OPs has been denied.

 

4.             Record shows that the OP number 3 did not appear despite service, as such was proceeded exparte on 11.04.2016.

 

5.             The learned counsel for the complainant has produced Ex.C-1 copy of bank passbook, Ex.C-2 copy of letter dated 17.12.2015, Ex.C-3 copy of NEFT, Ex.C-4 copy of form 19, Ex.C-5 affidavit and closed evidence. On the other hand, the learned counsel for Ops number 1 and 2 has produced Ex.OP1&2/1 affidavit, Ex.Op1&2/2 copy of authority letter, Ex.Op1&2/3 claim status query, Ex.OP1&2/4 copy of letter dated 16.3.2016 and closed evidence.

 

6.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

7.             It is an admitted fact that the complainant being an employee of Malerkotla Steel and Alloys (P) Ltd. Malerkotla was having an EPF account with the Ops number 1 and 2 bearing number PB/BTI/13686/121. It is further an admitted fact of the complainant and the Ops number 1 and 2 that he applied for withdrawal of his EPF dues on 25.8.2015 and the OPs number 1 and 2 very quickly processed the case and settled for Rs.82,756/- and the said amount was sent to the State Bank of India, Malerkotla vide cheque number 601946 dated 4.9.2015, but the fact remains that the amount in question was not deposited in the account of the complainant.  It is an admitted fact of the Ops number 1 and 2 that when they enquired it from the State Bank of India, Kikkar Bazar, Bathinda, they told that the amount could not be credited in the account of the complainant as the account of the complainant was No Frill account, which was required to be converted into normal account.  In the circumstances, the fact remains that the amount of Rs.82,756/- was kept by OP number 3, but did not transfer the same in the account of the complainant nor intimated the complainant or the OPs number 1 and 2. The OP number 3 is exparte in the present proceedings, but this fact is supported by the writing of the State Bank of India, Kikkar Bazar, Bathinda on the copy of letter Ex.Op1&2/4 of OPs number 1 and 2. Under the circumstances, we feel that the said amount of Rs.82,756/- remained with the State Bank of India, who even did not bother to intimate the complainant or the Ops number 1 and 2 and sit over the amount, as such, we find it to be a clear cut case of deficiency in service on the part of the Op number 3.

 

8.             In view of our above discussion and circumstances of the case, we allow the complaint and direct the OP number 3 to transfer the amount of Rs.82,756/- in the account of the complainant. Further the Op number 3 shall also pay interest on the above said amount @ 9% per annum from 5.9.2015 till realisation in full. OP number 3 shall further to pay to the complainant an amount of Rs.5000/- in lieu of compensation for mental tension, agony and harassment and  litigation expenses.         

 

9.             This order of ours shall be complied with within a period of thirty days of its communication. A copy of this order be supplied to the parties free of cost.  File be consigned to records.

                Pronounced.

                September 6, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                         

                                                                (Sarita Garg)

                                                                   Member