DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : BHADRAK : (ODISHA).
Consumer Complaint No. 69 of 2018.
Date of hearing : 24.09.2024.
Date of order : 12.11.2024.
Dated the 12th day of November 2024.
Sovarani Nayak, W/o:- Late Abhaya Nayak,
At:- Kurda, Po:-Lunga, P.S:- Basudevpur, Dist:- Bhadrak.
........ Complainant.
(Versus)
- The Administrative Officer,
KONARK JUTE Ltd. Dhanamandal,
At/Po:- Dhanamandal, Dist:- Jajpur, Odisha.
- The Regional Provident Fund Commissioner.
Employees Provident Fund Organization,
Bhavishy Nidhi Bhawan, Janapath,
Bhubaneswer, Odisha.
- TOPS SECURITY Ltd.,
At- 737/C, 3rd Stage, 3rd Block, Basaveshwara Nagar,
Bengaluru-560079, Karnataka.
- The Regional Provident Fund Commissioner.
Employees Provident Fund Organization,
Address No. : 36 , Lakshmi complex , NH-4 ,
Old Madras Road, Opposite to Syndicate Bank,
K.R Puram, White Field, Bengaluru- 560036, Karnataka.
………… Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant : Sri Debasis Nayak, Advocate & Associates.
Counsel for the O.P. No. 1 : Sri Ashish Ku. Das, Authorized Representative,
Counsel for the O.P. No. 2 : Sri R.R. Das, Authorized Representative,
Counsel for the O.P. No. 3 : Ex-Parte,
Counsel for the O.P. No. 4 : Self.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant is a poor, simple & innocent widow & legal heir & successor in interest of Late Abhay Nayak. The husband of complainant being selected & appointed under the O.P.1 at Dhanamandal was allotted E.P.F. Account No.OR/1885-A/465. As per the provision of law, the E.P.F. deducted from the salary of the complainant & deposited under the Head of Account of the O.P.2. Due to non-payment of wages & other circumstances the husband of the complainant was compelled to leave the service from the O.P.1. Thereafter the husband of the complainant joined in the establishment of O.P.3 & allotted Token No.8967. On 24.02.2010 at 8 A.M. the husband of the complainant was found dead while he was sleeping at his residence. The postmortem was conducted in Bharat Ratna Dr. B.R. Ambedkar Medical College & Hospital, Bangalore. On 15.03.2010 the O.P.3 sent a letter to the complainant & intimated that the husband of the complainant was a member of ESIC & EPFO and complainant is eligible for the funeral expenses from ESIC & Provident fund & pension from EPF & also they required documents viz : Death certificate, Bank account of complainant, daughter & son with stamp sized photographs & PF forms will be made available when the complainant will meet officials in the office of the O.P.3. As such the complainant submitted the aforesaid documents along with applied in the F. No.20, 10” D” & 52 F to get the provident fund, pension & insurance benefit from the O.P.4 & also submitted the F. No.13 AR to submit the O.P.4 for transfer of his provident fund money from O.P.2 to O.P.4. The complainant also gives her option to receive the pension from the office of O.P.2 & submitted the F. No.10D in the office of O.P.No.3. On 18.11.2010 the O.P.3 send a letter to the complainant & informed that the complainant being a nominee of her husband for gratuity, bonus & to collect all dues pertaining to her husband & complete the process of full & final settlement. The complainant met to the office of O.P.3 & 4 but they took time & replied the process will take time & later on they intimated to the complainant. Though a long period has been passed but till yet they have not provided the provident fund, pension & insurance benefit etc. which is willful negligence, unfair trade practice, deficiency in service & default of O.Ps put the complainant loss. The complainant met the O.P. & requested him to credit the amount in the Savings Account but he deaf hearing to the genuine grievances of the complainant. The O.Ps neither have taken any initiative nor have made any effective step for disbursement of claim of complainant. As such the complainant has compelled to file the case against the O.Ps & prayed to direct the O.Ps to provide provident fund, pension & insurance benefit etc. under EPF & ESIC Act & rules thereunder. The O.Ps be directed to compensate the complainant. The complainant has filed the documents i.e. (1) Copy of the E.P.F. Account No. OR/1885-A/465 as (Annex-1) (2) Copy of postmortem was conducted in Bharat Ratna Dr. B.R. Ambedkar Medical College & Hospital, Bangalore as (Annex-2) & (3) Copy of Letter & Representation as (Annex-3).
The O.P.No.1 submits that, the complainant has filed this complaint praying for transfer of the P.F. accumulation of her deceased husband - Late Abhay Nayak from P.F. Account No. OR/1885-A/465 maintained with O.P.2 – Regional Provident Fund Commissioner, Bhubaneswar to his P.F. account maintained by O.P.4 & for final settlement of P.F, EDLI & Pension from O.P.4. The complainant has not claimed against the O.P.1 Konark Jute Ltd. On verification of the records it is found that one Abhay Nayak, S/o:- Binod Bihar Nayak, Vill:- Kuruda, Po:- Lunga, Dist:- Bhadrak was working as a Job Contract Worker in Konark Jute Ltd. from 01.07.1997 to November, 2005. His Employees Code No. was 71264 & his Provident Fund Account No. was OR/1885-A/465. The O.P.1 has deposited the entire P.F. dues for the above period of the said employee with O.P.2. The O.P.1 has nothing to do on the dispute of the complainant regarding settlement of the PF, EDLI & Pension from O.P.4.
The O.P.No.2 submits that, the complainant Sovarani Nayak, W/o:- Late Abhay Nayak has filed this complaint against the O.P.2 for payment of P.F. EDLI & family pension. On verification of the records of this office, it is found that the deceased member Abhay Nayak bearing P.F. Account No. OR/1885-A/465 had worked under O.P.1. But as per the petition, the deceased husband of the complainant had worked under O.P.3 before his death & she had applied to O.P.3 for transfer of the past P.F. Account No. OR/1885-A/465 & final settlement of P.F., EDLI & Pension from O.P.4. This office i.e. O.P.2 has not yet received any transfer application from O.P.4 & hence, no transfer has been effected in Account No. OR/1885-A/46. On receipt of the same, this O.P. will transfer the amount immediately with up-to-date interest to the present P.F. Account of the deceased member which is maintained by O.P.4. The complainant is not liable to get any payment towards P.F., EDLI & Pension from this office i.e. O.P.2.
The O.P.No.3 set ex-parte as on 24.09.2024.
The O.P.No.4 submits that, the establishment M/s Tops Group Security, Bangalore (O.P.3) where the deceased was working does not fall under the jurisdiction of RPFC K.R. Puram, Bangalore (O.P.4). RPFC, RO Peenya, Bangalore have jurisdiction over this area. The O.P.4 has no role for participation in this matter of consumer complaint & may be finally deleted. The RPFC, RO, Peenya, Bangalore is unable to provide the required written version of the case due to lack of PF Account details and absence of documentary evidence of enrolment in EPFO RO Peenya, Bangalore of the complainant’s deceased husband. Thus, RO, Bhubaneswar has again reminded the RPFC, EPFO, RO, Peenya, Bangalore to submit the PF details of deceased husband, who was working under O.P.3.
Having gone through the rival contention and materials available in the case record, it is found that the allegation of deficiency relates to 2010 but the case has been filed in 2018. However, the complainant has filed a petition for condonation of delay which has already been allowed on 10/12/2018. OP No.4 cannot just shy away by saying that RPFC, RO Peenya, Bangalore has jurisdiction and he has not. It is expected senior respectable officials should have outreached the complainant on ground of humanity. However, all parties involved should do their bit so that the widow gets her legitimate benefits which she is entitled to get due to untimely death of her husband.
O R D E R.
In the result, the complaint be & same is partially allowed. The complainant is directed to apply before RPFC, RO Peenya, Bangalore with all required documents for transfer of the PF Account of Late Abhaya Nayak to OP No.2. The OP No.2 shall do well to calculate the P.F account of the deceased husband of the complainant with all its benefit with interest and pay in the account of complainant within 30 days from the date of receipt of documents from RPFC, RO Peenya, Bangalore.
This order is pronounced in the Open Court on this the 12th day of November 2024 under my hand and seal of the Commission.
