PER SH.RAJINDER SINGH GILL, PRESIDING MEMBER

                Shorn of all unnecessary details, suffice it to mention here that this complaint has arisen on account of non-release of nominee pension in favour of the Complainant,  despite repeated requests.  It was alleged in the complaint that the mother of the Complainant Mrs. Bishambri Devi, died on 14.02.2009, while in service of Durga Das Foundation, Nehru Bhawan, Sector 24, Chandigarh. After her death, the Complainant was given his share of Rs.8151/- by the OP, taking a plea that the remaining share would be given to his four sisters. His contention was that he has been made a 100% nominee by her mother in Form-2 (Revised) submitted with the OP. Thereafter, he made number of rounds to the office of the OP and also made personal entreaties, but all in vain. Hence this complaint, alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice.

2]             Notice of the complaint was sent to OP seeking their version of the case.

3]             OP in its reply admitted the factual aspects of the case. It was pleaded that the Complainant had concealed the fact with regard to other legal representatives and he had already received his share of PF accumulation as per rules of EPF Act. The share of his sisters would be released as and when they file their respective claims in this regard. All other material contentions of the complaint were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

4]             Parties led evidence in support of their contentions.

5]             We have heard the learned counsel for the parties and have also perused the record.

6]             The main grouse of the complainant is with regard to the non-release of full PF accumulations in his favour by the OP, on the ground that the remaining share would be given to his four sisters, whereas he has been made a 100% nominee by her mother. In support of his contentions, he has placed on record the copy of the Form-2 (Revised) dated 1.07.2002 now marked as Annexure C-1 (Colly), submitted with the OP by Durga Das Foundation, which shows that the complainant was 100% nominee of accumulations in Provident Fund of Smt. Bishambari Devi (deceased), in reply to which,  the OP vide Annexure now marked as C-2, had requested Durga Das Foundation to submit F-20 and Form 51F of remaining surviving family members alongwith Death certificate of Smt. Bishambari Devi (mother of the complainant). Annexure R-1 is the copy of the Death certificate of Smt. Bishambari Devi, which shows that she died on 11.01.2009

7]             On the other hand the OP contended that the complainant had already received his share of PF accumulation as per the rules of EPF Act. In support of their contentions, the OP has placed on record, the copy of the details of family of Smt. Bishambari Devi, Annexure R-2, which was forwarded to them by Durga Das Foundation on 15.04.2009. Their contention is that as per the list Annexure R-2, the four sisters of the complainant were also equally entitled for share of the PF accumulation of Smt. Bishambari Devi being their legal heirs and therefore the complainant has already been given his share as per the EPF Act and the rest of the share of his sisters would be released as and when they file their respective claims in this regard.

8]             Perusal of the record Annexure C-1 clearly shows that at the time of making nomination, Smt. Bishambari Devi had nominated the complainant as 100% nominee of her EPF accumulations and the same is signed and stamped by the Senior Administrative Officer, Durga Dass Foundation, sector 24, Chandigarh, whereafter it was forwarded to the OP for further action, but the OP, by putting their sole reliance on Annexure R-2, (the details of the family members of Smt. Bishambari Devi), has released the share of the complainant, withholding the shares in dispute. In our opinion the action of the OP in withholding the share merely on the basis of Annexure R-2 is not justifiable and sustainable in the eyes of law, irrespective of the fact that the complainant has sufficiently proved his case by way of documentary evidence Annexure C-1 [Form-2 (Revised)] dated 1.07.2002, wherein  Smt. Bishambari Devi, at that time when she was alive, had made the complainant as 100% nominee of her accumulations in Provident Fund  and the same goes unrebutted, as the OP has miserably failed to lead any cogent and convincing evidence against it. Otherwise also, Annexure R-2 is not supported by any affidavit to prove its authenticity, hence, it cannot be treated as an evidence against the complainant in the present case. The OP has also referred to para 16 (5)(a) of the Employee Pension Scheme, 1995 but in our view, the said clause do not relate to the present case because at the time of making the nominee to the complainant, Smt. Bishambari Devi, (deceased) was married, had a living spouse and had acquired a family.

9]             In view of the above discussion, we are of the opinion that the present complaint must succeed and the same is accordingly allowed.  The complainant is fully entitled to full amount of PF accumulation being 100% nominee of Smt. Bishambari Devi. The OP is therefore directed to release the remaining share in dispute wrongly withheld by them.  The OP shall also pay to the complainant Rs.5,000/- as compensation for causing mental and physical harassment alongwith Rs.1100/- as costs of litigation.  The order shall be complied within 30 days from the date of receipt of copy of this order failing which the OP would be liable to pay the above said amount alongwith penal interest @12% p.a. since filing of the present complaint i.e. 08.03.2010, till the order is fully complied with.

            Certified copies of this order be sent to the parties free of charge.  The file be consigned.