For the Opp. Party No. 2, 3, &4: EXPARTE.
DATE OF FILING: 03.11.2016.
DATE OF DISPOSAL: 01.01.2018
Dr. N.Tuna Sahu, Presiding Member:
The complainant has filed this consumer dispute under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service against the Opposite Parties (in short the O.Ps) and for redressal of his grievances before this Forum.
2. The case of complainant in brief is that he was an ex-employee working under the office of the O.P.No.2 i.e. the Executive Engineer Minor Irrigation Division No.II Berhampur-10, Ganjam. Initially, he was joined as a NMR (Nominated Muster Roll) in the office of the O.P.No.2 on 01.05.1981. After rendering his service for 29 years as NMR in the organization, he was regularized being taken over to the work charge establishment on 01.01.2010. As per rule from the date of his joining in the office of the Executive Engineer, Minor Irrigation Division No.II, the share of EPF should have been deducted for the period he worked as NMR but the same was not deducted. However, from the date he was taken over to the work charge establishment i.e. from 01.01.2010, a P.F. Account bearing No.OR/11188/90 was opened in his name and share of provident fund was deducted from his salary till his retirement. The complainant retired from his service due to superannuation at the age of 60 years on 31.03.2015. After his retirement from service, the complainant submitted an application during the Month of April 2016 in Form No.10-C (E.P.S.) to the O.P.No.1 through his employer O.P.No.2 claiming withdrawal of his deposits made by the employer in his said PF account number amounting Rs.53,889/- but till date the complainant has not received his legitimate P.F. dues from the O.P. No.1. The complainant time and again approached the office of the O.P.No.1, 2 & 3 for release of said provident fund deposits since he was facing a lot of financial trouble in as much as he was not receiving any pension but all his efforts went in vain. As duty bound, the O.P.No.1 is duty bound and has responsibility to release his legitimate provident fund deposits but the same was not released in time which amounts to deficiency in service. The complainant is suffering a lot to maintain his family after retirement as he is not a regular pensioner. Hence, the complainant has filed this consumer complaint against O.Ps alleging deficiency in service with the prayer to direct the O.Ps to release the provident fund deposit of Rs.53,889/- in favour of the complainant with interest and to pay Rs.20,000/- as compensation towards mental agony and physical harassment and a sum of Rs.5,000/- as cost of litigation in the interest of justice.
3. On receipt of notice from this Forum, the O.P.No.1 appeared on 02.02.2017 through learned counsel Sri Surya Narayan Mohapatra, Advocate and filed his written version on 06.04.2017 and written argument on 01.11.2017. In the written version/arguments it is stated that the claim application in F-19 and F/10-C in respect of the complainant was received by this O.P for the first time on 29.06.2015 and the same was rejected/returned on 03.07.2015 due to non-submission of the statutory return i.e. F-9(R), F-3A(R) /6A(R) etc. by the establishment M/s Executive Engineer, Minor Irrigation Division No.II. Again this O.P. received the claim application on 12.08.2015 without proper compliance for which said claim application was again rejected/return on 19.08.2015. After several correspondences made with the establishment of M/s Executive Engineer, Minor Irrigation, Division No.II, the statutory returns were submitted on 28.10.2016. On receipt the said returns the of this O.P. took necessary action towards reconciliation of the annual statement of accounts. After reconciliation of the annual statement of accounts, the claim application in Form No. 19 in respect of the complainant was finally settled for Rs.94,438/- on 16.11.2016 and in respect of Form No.10-C was also settled for Rs.37,380/- on 06.12.2016. The said amount has been released to his Saving Bank Account No.32698044311 maintained at State Bank of India, Ambapua Branch, Berhampur. The EPF authority has already released the PF/EPF dues in respect of the complainant hence there is no deficiency in service on the part of the O.P.No.1. As such the petition filed by the complainant may please be dismissed in the interest of justice.
4. Notices were issued against O.P.No.2, 3 & 4 but they neither choose to appear nor filed any written version hence the O.P.No.2, 3& 4 were declared exparte on dated 06.04.2017 and proceeded accordingly.
5. This case is posted today for filing written argument by the complainant as well as by O.P.No.1 and for hearing of the case. On careful perusal of the case record, we find that the complainant has remained absent consecutively from 19.04.2017 till 01.11.2017 and even after several adjournments were allowed not complied the orders of this Forum and failed to file his written argument. However, the learned counsel for the O.P.No.1 informed this Forum on 06.04.2017 by filing written version of his case that the grievances of the complainant has been settled on payment of his EPF dues which was credited to his bank account. Hence, the Forum decided to dispose of the dispute on merit after hearing arguments from the learned counsel for the O.P.No.1.
6. During the course of argument, we have heard the learned counsel for the O.P. No.1and have gone through the complaint of the complainant and written arguments of O.P.No.1. We have also verified the materials placed on the case record filed by both parties. On merit and on perusal of materials placed on record it reveals that the claim application in F-19 and F-10C of the complainant was filed on 29.06.2015 in the office of O.P.No.1 and the same was rejected due to non-submission of statutory returns i.e. F-3A (R) and F6-A(R) by the establishment of O.P. No.2. On 28.10.2016 the establishment of O.P.No.2 submitted the statutory returns and on receipt of the said returns the O.P.No.1 took necessary steps to settle the case of the complainant. It is also seen that after reconciliation of the annual statement of accounts, the claim application of the complainant pertaining to Form No.19 was settled for Rs.94,438/- on 16.11.2016 and Form No.10-C was settled for Rs.37,380/- on 06.12.2016 by the O.P.No.1 and the aforesaid amounts were deposited in the Savings Bank Account of the complainant bearing No.326980443 maintained at State Bank of India(SBI), Ambapua Branch, Berhampur, Ganjam standing in the name of present complainant. Since, in the instant case, the O.P.No.1 EPF authority has settled the EPF dues of the complainant as per statutory provisions and has already been deposited in the savings bank account of the present complainant, we feel that the claim of the complainant has been settled fully for which the complainant since long not proceeding with this case. In view of the foregoing discussions and considering the settlement of the case by the O.P.No.1, we feel that this case has no merit and accordingly complaint of the complainant deserves to be dismissed.
7. In the result, the case of the complainant is dismissed against all O.Ps due to devoid of any merit since the claim of the complainant has already been settled by the O.Ps. The consumer dispute of the complainant is disposed of accordingly but without any orders as to cost.
8. The order is pronounced on this day of 1st January 2018 under the signature and seal of this Forum. The office is directed to supply copy of this order to the parties free of cost and a copy of same be sent to the server of
