MRS MEENAKHI PADHI, MEMBER …              The factual matrix of complaint is that, the husband of present complainant was working as a Watchman, NMR under the OP.2 and received VSS w.e.f. 31.12.1999 and died on 29.07.2009. The complainant being wife has already submitted all required documents on dt.24.03.2015 to the OP.2 for transmission of the same with attestation to the OP.1 for payment of PF amount, widow and children pension vide A/c no. OR/2955/295. As per letter no.488 dt.23.04.15 of OP.1, she has submitted one representation earlier on 23.03.15 for payment of PF amount, widow and children pension. As per lr no.1796 dt.21.7.15 of OP.1, she has submitted marital status of her family members. She contends that, despite several persuasions, the OP.1 did not turned to pay her legitimate PF amount, widow and children pension. Hence she prayed before this forum to allow her entire claims along with a sum of Rs.90,000/- as compensation and cost for her harassment.

2.         The counsel for OP.1 has entered his appearance and filed counter wherein he averred that, the deceased member was joined in service on 01.04.1991 and left office on 31.12.1999. On receipt of claim application in F-19 & F-10C the PF/FPF dues have been settled on 02.02.2001 for Rs.19,666/- & Rs.5,863/- respectively. Recently the establishment deposited the PF/FPF dues in respect of the complainant prior to 01.04.91 and after deposit of the dues the complainant submitted the claim application F-20 & F-10D through the employer for settlement of PF dues & release of pension. But on verification some discrepancies are pointed out by the OP.1, as such the claim application along with supporting documents returned to the complainant vide lr no.1795 dt.21.07.15. Thereafter the claim application again received by the OP.1 without proper compliance as pointed out in the previous letter. Hence the claim application alongwith documents returned to the employer vide lr. no.2663 dt.02.09.15 for early compliance. Since no claim application is received. Hence there is no deficiency in service on their part, so prayed to dismiss the case against the OP.1.

3.         The OP.2 has filed his counter to contend that, the document have been duly attested and submitted to the OP.1 vide his office lr.no.1441/WE dt.13.7.15. He refrains from any comment except the above submission and prayed to dismiss the case against him.

4.         The complainant has filed copy of certain relevant annexure as per list of document. The OP.1 & 2 also filed copy of some documents. Heard the parties at length and submissions considered.

5.         It reveals from the record that, it is admitted fact that the late husband of complainant N.Srinivas Rao was working under the OP.2 vide A/c no. OR/2955/295. It is crystal clear from record that the complainant has submitted all required documents along with F-19 & F-10C,

F-20 & F-10D to the OP.1 through OP.2 with duly attestation. After filing of this instant case the OP.1 unless paying the legitimate dues has demanded Rs.14,072/- as withdrawn pension fund & Rs.5,863/- as interest from the complainant in total Rs.19,935/- through their letter No.OR/SRO/BAM/PGHS/2955/295/488 Dt.23.04.2015.

6.         The OP.2 in his counter specified that, as per demand and procedure he retransmit the required documents along with claim forms duly attestation of Late N.Srinivas Rao & others to the OP.1 and enclosed a copy of letter bearing no.1441 dt.13.7.15 for perusal.

7.         In view of all corner we came to a conclusion that, the OP.1 prior to receive the required documents from the complainant and OP.2 has not settled the claim for a long period with one plea or the other. Record says in the mean while the complainant being a helpless widow has approached the OP.s for uncounted times requesting to get her lawful dues but the OP.1 has not yet taken any positive steps, which shows the illegal & highhanded manner to which the complainant inflicted great mental, physical & financial losses. Hence we found there is deficiency in service on the part of OP.1 and the complainant is entitled for such relief as claimed. Hence we allowed the complaint against the OP.No.1 with cost.

                                                                        ORDER

i.          The OP.no.1 is here by directed to settle the outstanding dues of EPF & FPF claims along with sanction widow pension of the complainant immediately according to the provisions laid down in EPS’95. Inter alia, the OP.1 is directed to pay Rs.10,000/- (ten thousand) as compensation which includes cost of the litigation to the complainant.

ii.         All the above orders shall be complied with in 30 days of dispatch of the same, failing which, the total sum will carry 12% interest per annum till its realization.

            Pronounced on this the 25th day of May' 2017.

     Sd/-                                                                            Sd/-

MEMBER                                                               MEMBER, DCDRF,

                                                                                   NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.