OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 100 of 2014
Date of Filling : -12.12.2014.
Date of Order :- 31 .08.2017.
Bhikari Ch.Samal,S/O.Golekh Samal ,
Vill.Asananali (Patta Sahi),P.O.Basalai,
P.S/Dist.Deogarh.
_________________________Complainant.
Vrs.
01.Regional Provident Fund Commissioner,
Bhabisyanidhi Bhawan,Unit-IX,Janapath,
Bhubaneswar,Dist.Khurda.
02. Executive Engineer,Field Machinary Divison (Defunct)
Rengali Dam Division,At/P.O.Rengali,P.S- Rengali
Dam Site,Dist.Angul.
_________________________ Opp. parties.
For the complainant :- Sri P.K.Behera & associates(Advs.).
For the opp.party No.1 :- Sri C.R.Swain (Authorized Person ).
For the opp.party No.2 :- Sri K.Behera (Authorized Person ).
: J U D G E M E N T :
Sri D. C. Mishra, President.
The petitioner/ complainant has filed this case with prayer to direct the opp.parties for settlement and payment of his EPF claims as well as pension.
2. The complainant’s case runs thus :-
That he was serving under opp.party No.2 and retired on 31.3.2011 in superannuation having EPF A/C. No. OR/2437/191 maintained by opp.partyNo.1. It is alleged that, after retirement the petitioner applied for final payment of EPF amount from his aforesaid account and payment of pension through opp.party No. 2 (employer) by filing duly filled up applications but thereafter despite repeated approaches and requests his prayer has not been settled by oppp.party No.1. So he has filed this case, seeking the relief as already stated above in Para- 1 of this order.
3. Opp.party No.1 & 2 have contested the case by filing separate written versions ,stating that due to non- filing of application in time by the petitioner and due to non-supply of correct account statement by opp.party No.2 (employer) the case was lingering but in the mean time they have already settled the dispute.
4. In view of the pleadings of the parties the following issues arise for consideration
ISSUES:-
- Whether there is consumer and service provider relationship between the parties and whether this forum is competent to adjudicate the matter ?
- Whether the opp.parties can be directed to comply the prayer of the petitioner ?
Issue No.(i):-
Admittedly the petitioner was serving under the opp.party No.2 and his EPF contribution as well as pension matter was managed and dealt by opp.party No.1. Therefore, there is consumer and service provider relation ship between the parties. Thus, this forum is competent to adjudicate the matter under C.P.Act.
Issue No.(ii):-
According to opp.party No.1 due to non-submission of application in time and due to non-supply of correct account statement by opp.party No.2 (employer) , the claim of the petitioner could not be settled earlier. He has submitted letter No. OR/A/cs-V/OR/2437/191 dt. 22.05.2017 which reveals that the EPF claim of the petitioner amounting to Rs. 3,18,250.00 has been transferred to the present EPF A/C. No. OR/1780/1168 of the petitioner. Letter No. OR/Acs-VIII/24371 2293 dt. 16.7.14 of opp.partyNo. 1 reveals that he has several times reminded opp.party No.2 to submit correct returns of statement of accounts of the petitioner. During argument opp.party No.1 has filed the copy of journal of dispatch section of his office dt. 4.8.2017 which reveals that Regd. Letter has been sent to the petitioner regarding compliance of his claim. The Reg.d Letter No. OR/PF/1780/1168 dt. 4.8.2017 of opp.party No.1 addressed to Bhikari Ch. Samal (petitioner) reveals that his final settled EPF claim of Rs. 3,23,480.00 has been credited vide cheque No. 040802 dt. 1.8.2017 to his SB A/C. No. 11641073401 of SBI, Samal Barrage Branch and upto date pension including arrear @ R.s 1,989.00 per month has been paid to him vide PPO No. ORBBS73655 .Opp.party No.1 has attached the screen printing hard copy of the computer of his office which reveals that the EPF and pension amount has already been credited to the SB A/C. of the petitioner maintained at SBI Samal Barrage Branch. Thus, in the meantime, the claim of the petitioner has been fully complied. The petitioner is remaining absent from the forum since long. After receiving the Regd. Letter from opp.party No.1 about compliance of his claim, he did not appear before this forum to dispute it. So in absence of the petitioner and due to non-dispute of the above documents filed by the opp.party No.1,the documents are strongly presumed to be genuine and accepted. Since opp.party No.1 has already made payment as claimed by the petitioner , any further direction need not be given to the opp.parties.
5. Hence ordered :-
: O R D E R :
The case is disposed of on contest . The opp.parties have already complied and paid the claim of the petitioner. In the above circumstances any further direction need not be given to the opp.parties.
Order delivered in the open forum
today the 31th August, 2017 with
hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President.
Sd/- Sd/-
(Sri K.K.Mohanty), (Smt.S.Mallick),
Member. Member.
