Date of Judgement Dt.12.10.2011

J U D G E M E N T

By Sri  S.C.Nayak, P.

          This is complainant’s case alleging deficiency of service on the part of the O.P.  

          The case of the complainant is that the complainant is the Ex-employee of Handloom Corporation, Sonepur. The complainant is the member of Employee Provident fund vide provident fund Account No.OR/1561/362 and after 5 retirement the O.P. has provided monthly pension amounting to Rs.615/- to the complainant vide PPO No.OR/BBS/16258. The complainant has drawn monthly pension amounting to Rs.410/- from his State Bank S.B.Account  and the O.P. has directly deposited the said pension amount in the account of the complainant. It is alleged by the complainant that inspite of receiving the live certificate, the O.P. has not paid the pension amount of the complainant for the period  15.2.2009 to 15.1.2010 i.e. for 12 months. The complainant made several communication to the O.P. with request to make payment of the pension amount to the complainant, the same has not been paid.

          Hence the complainant has prayed that the O.P. be directed to release the pension amount of the complainant for the period 15.2.2009 to 15.1.2010 immediately. The complainant has further prayed that compensation amounting to Rs.70,000/- for the suffering of the complainant.

-:  2  :-

          The Assistant Provident Fund Commissioner(Legal) has filed version on behalf of Employee’s  Provident Fund Organization. In his version he has stated that in the case of Sri Shiba Sambhu Meher, the life Certificate was not received during November 2008 for which the monthly pension from 1/2009 to 12/2009 was stopped. The required certificate in respect of the complainant was received during the year 2010 and accordingly the monthly pension from January 2010 onwards were released for payment. But due to a technical fault in the system the arrears pension from 1/2009 to 12/2009 could not be released in favor of the complainant simultaneously along with the current monthly pension. After receipt of the notice the arrears pension from 1.2009 to 12/2009 amounting to Rs.4920/- has since been released in favor of Sri Shiba Sambhu Meher the complainant and credited to his account. The copy of the letter of B.M., S.B.I. , Bhubaneswar has also been filed.

          We have heard the learned counsel for the complainant and the O.P. remained absent during hearing. It is ascertained from him that the complainant has already received the arrears pension in the mean while. Since the complainant has already received the arrears pension without protest during the continuation of the proceeding, we are of the considered opinion that the continuation of the proceeding any further will be an abuse of the process of court. Hence in the interest of justice this complaint case is closed.

            Dated the 12^th day of Oct’ 2011

                                                                                  Typed to my dictation

                                             I agree.                          and corrected by me.

                                       Sri A.Mishra                         Sri S.C. Nayak

                                         Male Member                                 President

                                         Dt.12.10.2011                             Dt.12.10.2011