DATE OF FILING- 03.06.2013
DATE OF DISPOSAL-12.05.2014
O R D E R
Dr. N.Tuna Sahu, Member
1. The complainant has filed this consumer dispute under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service against Opposite Parties (for short O.Ps.).
2. The brief fact of the complainant’s case is that she is working as IVth grade employee under O.S.R.T.C. Corporation at Berhampur with effect from 20.03.1997 and the said establishment covered under the provisions of Employees Provident Fund (for short E.P.F.) and M.P. Act, 1952. The said establishment did not extend E.P.F. benefits to the complainant along with three others, as a result the O.P.No.2 in its order under Section 7A directed the O.S.R.T.C authorities to deposit the Provident Fund dues in favour of the complainant along with three others on 30.8.2006. The O.S.R.T.C authorities deposited Rs.40,161/- with O.P.No.2 as per its office letter No.109 dated 4.2.2010. The OSRTC authorities vide its office letter No.394/Jdl/OSRTC/ Berhampur dated 11.05.2010 allotted E.P.F. Account bearing No. OR/87/4541 in favour of the complainant and intimated through her advocate. In the meantime the P.F. dues of the complainant has been deducted and deposited by the establishment at O.S.R.T. Corporation, Paribahan Bhawan, Bhubaneswar, with O.P.No.1 w.e.f. 02.05.2008. It is also mentioned in the complaint that basing on such deductions of E.P.F., the O.P.No.1 issued account slips under A/c No.OR/88/2100. The complainant submitted Form No.13A (Revised) for transfer of E.P.F. money held under A/c No.OR/87/4541 to OR/88/2100 on dated 25.03.2010 through the establishment and the said form was duly forwarded to the O.P.No.1 vide office letter No.5521 dated 20.04.2010. Since, no action was initiated by the O.Ps for transfer of money held under OR/87/4541 to OR/88/2100, the complainant issued notice thorough her advocate. It is also stated that Form No.13AR was received by the O.P.No.2 from O.P.1 and it was not required to return the same to the establishment at Berhampur. It is further stated that the O.P.No.2 has already received Rs.40,161/- as per letter No.109 dated 09.02.2010 of the establishment. Despite several requests made by the complainant, no action was taken by the O.Ps for transfer of money held under account No.OR/87/4541 to OR/88/2100. The complainant has prayed before this Forum to direct the O.Ps to settle the E.P.F. account by transferring the money from OR/87/4541 to OR/88/2100 at the earliest and also prayed to pay Rs.30,000/- towards compensation from the defaulting concerned for harassment and mental agony caused to the complainant from 20.4.2010 to till date. The complainant has also prayed to pay Rs.3,000/- towards cost of litigation and to pass such other order as the Forum deem it fit and proper in the interest of justice.
2. Notice was issued against O.Ps. The O.Ps appeared before this Forum through their learned counsel Sri Surya Narayan Mohapatra on 03.09.2013 and filed their version on the same day. The O.Ps filed their written argument on 0.05.05.2014 and the case was finally heard on the same day.
The O.Ps in their version stated that the claim application in F-13 AR returned by this office vide letter No.3321 dated 25.11.2011 as the said claim was not attested by the present employer. Again F-13AR claim received by this office on 30.04.2013 which was returned to the establishment of M/s OSRTC, Berhampur vide letter No.445 dated 13.05.2013 with a request to resubmit the same along with F 3AR / 6AR from the date of joining to date of leaving along with Form No.5 and deposit particulars with a copy to the complainant. It is further stated that again the F13 AR claim form was received by this office on 04.06.2013 without enclosing required documents, as such, the same claim application was returned to the establishment of M/s OSRTC, Berhampur vide Letter No.1282 dated 25.06.2013 with a request to resubmit the same along with F 3AR/ 6AR from the date of joining to date of leaving, Form No.5 and deposit particulars with a copy to the complainant. It is further contended that the establishment of M/s OSRTC, Berhampur vide letter dated 07.05.2013 submitted F-3AR in respect of the complainant which was returned by this office vide letter No.2082 dated 25.07.2013 due to the following reasons:
- The said forms are in Xerox copies without attestation of the employer
- In the forwarding letter it is written that the forms are submitted for the year 1997-98 to 2003-04 but enclosed forms are for 1997-98 to 2002-03.
- P.F. Account Number of the subscriber is not mentioned in the F-3AR.
- Form No.5 and 10 not submitted
- Deposit particulars not submitted.
In this connection, it is submitted that without receipt of the required documents along with the claim application in F-13AR this office is unable to transfer the PF dues in respect of complainant. Since, this office has not received the required documents/ forms from the establishment of M/s OSRTC, Berhampur, it is not possible on the part of O.Ps to transfer the PF dues. It is further submitted that on receipt of the required documents / forms this office will take an early action for transfer of PF dues. So the complaint against Opposite Parties may please be dismissed in the interest of justice.
3. On the date of hearing we heard the rival contentions of learned counsels for the complainant as well as for the O.Ps. We have also gone through the complaint petition, written arguments and documents filed by all parties to the dispute. We have also perused the case record and verified the documents of complainant as well as O.Ps placed in the record.
It is not in dispute that the present complainant is an employee under O.S.R.T.C., Berhampur bearing old EPF A/c No.OR/87/4541. It is also a fact on record that EPF Account bearing No.OR/87/4541 was allotted to the present complainant vide letter No.394/Jdl/OSRTC/Berhampur dated 11.5.2010 on deposit of EPF dues as per the letters issued by OSRTC placed as Annexure-1 & 2 respectively in the case record. On perusal of case record, it is also found that at present the EPF deductions of the present complainant are being deposited in a new account bearing No.OR/88/2100. From the case record, it also appears that the EPF deductions were deposited in old account number from the date of joining up to 20.2.2004. So, it is clear that the present complainant has got two EPF accounts one is present and another is old PF number. During course of hearing of the consumer dispute, the learned counsel for the complainant strongly contended that the complainant filed the dispute for deficiency in service on part of O.Ps for not taking steps to merge old P.F. account number OR/87/4541 with new Account No.OR/88/2100. He also argued that the complainant submitted the Form No.13A(R) on dated 25.03.2010 which was forwarded the employer i.e. Establishment Officer, OSRTC, Bhubaneswar, in his office letter No.5521 dated 20.04.2010 to the O.P.No.1 for appropriate action. Since 25.3.2010, the complainant is moving from pillar to post for merger of two accounts so as to enable for availing loan facilities for education of her son but the O.Ps in negligent manner harassing the complainant.
In reply to the above, the learned counsel for the O.Ps contended that it is admitted that the establishment of OSRTC, Berhampur vide letter dated 07.05.2013 submitted the F.13A( R) but the claim application was returned by this office vide letter No.3321 dated 25.11.2011 due to claim was not attested by the present employer. Again the F.13A(R) claim was received by this office on 30.04.2013 which was again returned to the OSRTC, Berhampur vide Letter No.445 dated 13.5.2013 with a request to submit same along with F-3AR/6AR from the date of joining to 20.2.2004 and deposit particulars, F-No.5/10 with claim application. Since the office has not received the documents and forms from the establishment of OSRTC, Berhampur, it is not possible on part of the OPs to transfer the PF dues for merger of the two PF accounts. Hence, it is submitted that on receipt of the required documents/forms this office will take an early action for transfer of dues and since there is no deficiency in service, the complaint may please be dismissed in the interest of justice.
4. We heard and perused above pleadings of both parties and gone through the written arguments and also verified the supporting documents placed in the case record. The only dispute to be decided by this Forum on transfer of P.F. accumulation and service particulars in respect of the present complainant by merging old P.F. Account No.OR/87/4541 with new Account No.OR/88/2100. On perusal of the case record, it is found that the O.P.No.1 in his letter No.OR/PF/A/c-I/OR/88/STS/3175 dated 12.1.2011 has requested O.P.No.2 to submit required information regarding transfer of P.F. accumulation and service particulars in respect of present complaint, OR/87/4541 to OR/88/2100 with reference to legal notice issued by her advocate on dated 14.08.2010. A memo of the said letter was also issued in favour of Sri Kailash Chandra Mishra, Advocate, Berhampur, for information. It is also found that the complainant has submitted 13A(R) on 25.3.2010 duly filled in before the District Transport Manager(Admn.), OSRTC, Berhampur for onward transmission to the Regional Provident Fund Commissioner, Bhubaneswar to merge PF Account No.OR/87/4541 with A/c No.OR/88/2100. The O.P. No.2 in his letter No.SRO/BAM/legal Notice/2006/6577 dated 9.11.2010 has also replied the legal notice dated 14.8.2010 of Sri Kailash Ch. Mishra, Advocate where it has been stated that the claim application in F-13AR for transfer for past A/c No.OR/87/4541 to present A/c No.OR/88/2100 has been returned to the establishment OSRTC, Berhampur, vide its office letter No.1302 dated 28.7.2010 with copy to your client (i.e. the present complainant) due to non-submission of 3AR, 6AR from the date of joining to 20.2.2004, deposit particulars and F.No.5/10. In view of the facts and circumstance explained above, it is held that the only relief that can be granted to the complainant is to merge the old PF account with new PF account. For that it is also submitted before this Forum that the complainant has already submitted the Form 13 AR before her employer but the O.P.No.1 has returned the same on the ground that the same is not complete. In the present facts and circumstance of the case, the O.P.No.2 is directed to collect the 3R/ 6R from the date of joining to 20.2.2004, deposit particulars and F-No.5/10 from OSRTC and sent it to the O.P.No.1 within two months and at the same time the complainant is also directed to submitted the Form 13AR properly before her employer, if not submitted earlier.
5. In the result, we partly allow the case of the complainant. The O.P.No.2 is directed to collect the 3R/6R from the date of joining to 20.2.2004, deposit particulars and F-No.5/10 from OSRTC and sent it to the O.P. No.1 within two months of receipt of this order and at the same time the complainant is also directed to submit the 13AR properly before her employer within the same period if not submitted earlier. The case is disposed of accordingly with no order as to cost.
6. The order is dictated and corrected by me on this 12th day of May 2014. The office is directed to supply copy of order to the parties free of cost as per rule.
(Dr. N. Tuna Sahu) Member
I Agree (Mrs. Minati Pradhan)
Lady Member
