Andhra Pradesh

East Godwari-II at Rajahmundry

CC/67/2015

Tanikella Premanand - Complainant(s)

Versus

The Assistant Commissioner, Coal Mines Provident Fund - Opp.Party(s)

P. Suryanarayana Murthy

04 Aug 2016

ORDER

                                                                                              Date of filing:   25.08.2015

                                                                                                Date of Order: 04.08.2016

 

BEFORE THE DISTRICT CONSUMER FORUM-II, EAST GODAVARI

DISTRICT AT RAJAHMUNDRY

 

          PRESENT:   Smt H.V. Ramana, B.Com., L.L.M.,   PRESIDENT(FAC)

                              Sri A. Madhusudana Rao, M.Com., B.L., MEMBER      

                         

                                           Thursday, the 4^th day of August, 2016

 

C.C.No.67 /2015

Between:-

 

Tanikella Premanand, S/o. late Venkata Rao,

Hindu, aged 70 years, Retired employee,

Rajahmundry, E.G. Dist.                                                              …        Complainant

 

                                    And

 

1)  The Assistant Commissioner,

      Coal Mines Provident Fund, Saktinagar,

      Gupteswar, Jabalpur, Madhya Pradesh.

 

2)  The Branch Manager,

      Andhra Bank,

      Danvaipeta, Rajahmundry.                                               …        Opposite parties

 

 

            This case coming on 29.07.2016 for final hearing before this Forum in the presence of Sri P. Suryanarayana Murthy, Advocate for the complainant and the 1^st opposite party, who appeared in person and the 2^nd opposite party having been set ex-parte, and having stood over till this date for consideration, this Forum has pronounced the following:  

 

 

O R D E R

[Per Smt.H.V. Ramana, Member & President(FAC)] 

This is a complaint filed by the complainant U/Sec.12 of Consumer Protection Act 1986 to direct the opposite parties to pay Rs.26,128/- at the rate of Rs.3266/- p.m. for 8 months; award costs of the complaint and such other reliefs.

2.         The case of the complainant is that he is a pensioner with Account No.A/4/96/10-PEN who had been receiving his monthly pension till November, 2014. From the next month in 2014, till now, he has not been receiving his pension and the 1^st opposite party is liable to send it duly every month to the credit of the complainant’s bank account. So, he had send legal notices to the opposite party in June and July, 2015 demanding the payment of pension amounts for the due months. The opposite party has not responded to either notice and has not complied with the demand of the complainant.  If having received cheques from the 1^st opposite party, the 2^nd opposite party, for any reason did not properly credited the said cheque amounts to the credit of the complainant’s S.B. Account as used, the 2^nd opposite party alone becomes liable for the default. Hence, the complaint.

3.         The 1^st opposite party filed its written version. It is submitted that the complainant Sri Tanikella Premanand, S/o. Lt. T. Venkata Rao, CMPF No.A/4/96/10, who was member of CMPF and his monthly pension @ 3366/- per month is paid in his S.B. A/c. No.010010013850728 by The Andhra Bank, Rajahmundry, since his retirement. CMPF pensioner’s life certificate should be submitted in the concerned bank every year in the month of November.  But, Sri T. Premanand has not submitted his life certificate in the Andhra Bank in November, 2014. After December, 2014 the bank has stopped his monthly pension due to non-submission of the life certificate by the pensioner as intimated by Andhra Bank. Andhra Bank, Godavarikhani is the Nodal Branch for Disbursement of Member pension. Nodal Branch is monitoring the life certificate. Pension of member’s is disbursed by the Nodal Branch, not by CMPF office i.e. this opposite party. Life Certificate is being monitoring by Nodal Bank not by this office. This opposite party has issued Letter No.CPF/ BLP/Pension Payments/3163 dated 5.11.2015 to Andhra Bank regarding payment of pension. The Andhra Bank, Godavarikhani Branch has intimated vide letter 0157/10/93 dated 18.12.2015 that the member pension @ Rs.3366/- (CMPF pension of Sri T. Premanand) has been credited in his SB A/c.No.010010013850728 after receiving his life certificate in December, 2015 as well as Rs.40,392/- have also credited as pension arrear for the period from December, 2014 to November, 2015. (copy of the Andhra Bank’s letter is enclosed).  In view of the facts and circumstances submitted above, the 1^st opposite party requested that the Hon’ble Forum may be pleased to dismiss the complaint of the complainant.

4.         The proof affidavit filed by the complainant and Exs.A1 & A2 have been marked for the complainant. No representation on behalf of the 1^st opposite party.

5.         Heard the complainant.

6.         Points raised for consideration are:

 

1. Whether there is any deficiency in service on the part of the opposite parties?

            2. Whether the complainant is entitled for the reliefs asked for?

            3. To what relief?

 

7.  POINT Nos.1 & 2:  The complainant is a retired employee and getting pension from the 1^st opposite party vide PEN Account No.A/4/96/10 from November, 2014 till the date of filing complaint.  The said pension amount is disbursed by the 2^nd opposite party. The complainant main contention is that the 1^st opposite party is liable to send the pension every month to the credit of the pensioner’s bank account i.e. 2^nd opposite party’s bank. When he has not received the pension from the 1^st opposite party for more than 6 months and he got issued legal notices vide Exs.A1 & A2 dated 9.6.2015 & 1.7.2015. After receiving the said notices by the opposite parties from the complainant they have not given any reply to the complainant or not deposited the due pension amount in his bank account. Therefore, the complainant contended that he is forced to file a complaint before this Forum for redressal.

            The 2^nd opposite party received the notice from this Forum and did not appear before this Forum and set ex-parte.

            As soon as the receipt of the notice and copy of the petition, the 1^st opposite party sent their submissions and stated that they paid the due pension amount of the complainant i.e. Rs.3366/- per month in the S.B. Account bearing No.010010013850728 of Andhra Bank, Rajahmundry since his retirement. They also submitted the pensioner who is under CMPF pensioners, they have to submit life certificate in the concerned banks every year in the month of November, but the complainant has not submitted the life certificate in the Andhra Bank in November, 2014. They also submitted that after December, 2014, the bank stopped his monthly pension due to non-submission of his life certificate by the pensioner has intimated by the bank. Andhra Bank, Godavarikhani is the Nodal Branch for disbursement of the member pension. Nodal Branch is monitoring the life certificate. Pension of members is disbursed by the Nodal Branch, not by CMPS office i.e. this opposite party. Life certificate is being monitored by Nodal Bank, not by this opposite party. The 1^st opposite party issued a letter No.CPF/BLP/Pension Payments/3163 dated 5.11.2015 to Andhra Bank regarding payment of pension.

            The Andhra Bank, Godavarikhani Branch has intimated vide letter 0157/10/93 dated 18.12.2015 that the members pension at Rs.3366/- (CMPF Pension of Sri T. Premanand) has been credited in S.B. Account No.010010013850728 after receiving his life certificate in December, 2015 as well as Rs.40,392/- has also credited as pension arrear for the period from December, 2014 to November, 2015. They also submitted the copy of letter given by Andhra Bank, Godavarikhani.

            After perusing the material on record, we observed that the complainant is a retired person aged about 70 years and depending on his pension amount.  As per the copy of the letter received by this Forum from the 1^st opposite party, it is noted that “as the work of CHIRIMIRI Area has been transferred to your office and the case belongs to KOREA COLLIERY – Registered No.JBP/19 of Chirimiri Area, the petition is being sent to you for necessary action to defend the matter in the interest of union and CMPF Organization”. Basing on this letter, we observed that the complainant sent his papers to the 1^st opposite party, but those papers were sent to the Regional Commissioner, Coalmines Provident Fund, Bilasapur. This information was not known by the complainant when he has not received the pension for more than 6 months and he got issued the legal notices to the 1^st opposite party, even then the 1^st opposite party has not informed to the complainant about transferring the work of Chirimiri Area to Jabalpur and also they have not informed the status of his pension disbursement or to approach the Nodal Bank to submit the life certificate of the complainant. As seen from the material on record, we observed that the complainant was in dark and he could not do anything except approaching this Forum for his redressal. After receiving the notices from this Forum, then only the 1^st opposite party pursued the matter with the Regional Commissioner, Coal Mines, Provident Fund, Bilasapur.  As seen from the record, it is observed that they have deposited 12 months pension i.e. from December, 2014 to November, 2015 in the complainant’s bank account. It is also observed that not getting the pension for a period of 12 months causes lot of mental agony to the pensioner, who is depending on that amount.  Hence, the 1^st opposite party is liable to pay the damages for mental agony to the complainant by not guiding him and also not informing him why they have not deposited the pension amount within the stipulated time and to pay costs for making the complainant to approach this Forum unnecessarily.       

 

8.   POINT No.3:  In the result, the complaint is allowed in part, directing the 1^st opposite party to pay Rs.2,000/- towards damages for causing mental agony and pay Rs.1,000/- towards costs of the complaint. Time for compliance is two months from the date of this order.

            Typed to dictation, corrected and pronounced by us in open Forum, on this the  4^th day of August, 2016.

    

                  Sd/-                                                                                              Sd/-

              MEMBER                                                                              PRESIDENT(FAC)

         

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

 

FOR COMPLAINANT: None.                                         FOR OPPOSITE PARTIES: None.

 

DOCUMENTS MARKED

 

FOR COMPLAINANT:

 

Ex.A1    Copy of the regd. notice dt.1.7.2015 to the 1^st opposite party.

Ex.A2    Copy of the regd. notice dt.9.6.2015 to the 1^st opposite party.

 

FOR OPPOSITE PARTIES:-         - Nil -

 

 

                 Sd/-                                                                                             Sd/-

              MEMBER                                                                              PRESIDENT(FAC)