1. The brief history of the case of the complainant is that her husband Balaji Prasad Panigrahi was working under Koraput District Wholesale Cooperative Stores Ltd. ( in short, KDWCSL), Jeypore who was a subscriber to EPF scheme vide A/c. No.1469/04 being the member of EPS, 1995 and was retired from service w.e.f. 30.04.2012 on superannuation. After retirement, her husband submitted all relevant papers to get his pensionary benefits and EPF dues but the Ops did not settle the claim on different pleas. However, the OP.2 released a sum of Rs.1, 22,808/- on 23.5.2014 which is very less and as per husband of the complainant EPF deductions are more than Rs.1, 50, 000/- and the Ops have not made final settlement. It is further submitted that the OP.2 again advised to submit Form 3AR and 6AR along with annual return for final settlement of dues and her husband sent all relevant documents but after receipt of documents, the Ops remained silent. Thus alleging deficiency in service on the part of the Ops, the husband of the complainant has filed this case praying the Forum to direct the Ops to release the rest of the EPF dues along with pensionary benefits and to pay Rs.60, 000/- towards compensation and costs to the complainant.
2. The OP.1 in spite of valid notice has neither filed counter nor participated in the proceeding in any manner. The OP No.2 filed counter contending that the claim application in F.19 is received by them on 02.05.2014 and they have released EPF dues of Rs.1, 22,808/- taking
up to 1993-94 and rejected the claim application in F.10D due to non deposit of annually return and deposited challans for the period, 1994-95 to 2011-12 by the KDWCSL. It is contended that the establishment submitted return for the period 1994-95 to 2003-04 on 30.7.2014 but did not submit up to date return i.e. till 2011-12 and finally the Ops received annual returns for the period 2004-05 to 2011-12 on 16.6.2015 and on due process PPO No.15938 has been generated after fixing monthly pension of Rs.1241/-. It is further contended that the PPO was sent to the bank of the subscriber along with arrear amount of Rs.46, 951/- on 24.6.2015. The Op contended that due to non receipt of returns and challans from the establishment, the Ops could not reconcile the accounts and the Op has requested the establishment on 18.6.2015 to submit deposited challans for the above period and on receipt of the same they will take necessary action. Thus denying any fault on its part, the OP prayed to dismiss the case of the complainant.
3. Both the parties have filed certain documents in support of their cases and complainant has filed affidavit. We have perused the materials available on record.
4. In this case, the complainant during subsistence of this case, died on 31.5.2016 and hence Mrs. Bijayarani Panigrahi being the wife and legal heir of the deceased has been duly added as complainant in stead of her deceased husband.
5. In this case enrollment of the subscriber under EPF scheme vide A/c. No.15938 while working under KDWCS Ltd., Jeypore and retirement from service w.e.f. 30.04.2012 are all admitted facts. The case of the complainant is that her husband furnished all relevant documents for release of EPF dues and pension but the Ops did not take any action.
6. The OP.2 stated that on receipt of claim application in F.19 on 02.5.2014 they have released PF dues partly for an amount of Rs.1, 22,808/- taking contribution up to 1993-94 and rejected claim application in F.10 due to non receipt of annual returns and deposited challans for the period 1994-95 to 2011-12. On request, the establishment submitted annual returns for the period 1994-95 to 2003-04 on 30.07.2014 and annual returns for the period 2004-05 to 2011-12 on 10.6.2015. On receipt of annual returns, the OP has generated PPO and fixed monthly pension of Rs.1241/- and sent the same to the bank of the subscriber along with arrear amount of Rs.46, 951/-. The OP further stated that now they have received the annual returns and yet to receive the deposited challans for the period 1994-95 to 2011-12 for which they are unable to reconcile the account and submitted that on receipt of deposited challans, they will take immediate action. It was also ascertained that the OP.2 has deputed its Field officer to procure the deposited challans from the establishment.
7. From the above facts, it was ascertained that the OP.2 has only received annual returns from the establishment for the period 1994-95 to 2011-12 but not received the deposited challans for which they are unable to reconcile the accounts for release of rest of EPF dues. The complainant only says that her husband has deposited all relevant documents but not says anything regarding deposited challans which were to be deposited by the establishment before OP.2. Unfortunately, the establishment under which the subscriber was working has not been added as a necessary party to this case. In this case the subscriber is also not alive and hence the present complainant being the legal heir and wife along with other legal heirs if any are entitled to get family pension. Hence the complainant is to apply in F.20 through establishment to get the pensionary benefits. In the above circumstances, we do not find any deficiency in service on the part of OP.2 but the poor complainant being a widow of the subscriber is to get her legitimate benefits from the OP.2.
8. Hence ordered that the complaint petition is allowed in part and the OP No.2 is directed to depute its authorized officer to procure deposited challans for the period 1994-95 to 2011-12 in respect of the subscriber from the establishment and release the rest PF dues along with other arrears in favour of the present complainant. The present complainant is also directed to furnish F.20 before OP No.2 through the establishment (employer) along with other necessary papers for sanction of family pension. The above directions are to be carried out by both the parties within 30 days from the date of communication of this order.
(to dict.)
