:: O R D E R ::
(BY Smt. K.Vinaya Kumari, Lady Member)
1. THIS IS A COMPLAINT FILED U/SEC.12 OF Consumer Protection Act, 1986.
2. The brief facts of the complaint are.,
3. The Complainant a resident of Hassampally village, Nizamabad district is an Electrical contractor and running Sri. Balaji Electrical & Civil works for his livelihood. The complainant under the contract work is managing and maintaining 33/11 K.V substation at Brahmanpally and Mal Thumeda Village, Kamareddy Division of Norhtern Power distribution Co. Ltd.
During the course of his work the complainant regularly remitted the funds of the employees provident fund by his firm vide A/c. No. AP/Nzb/47271 to the opposite party bank every month and they had forwarded the same to employees provident fund organization since 5 to 6 years and it was continued upto 14-9-2010 thereafter the opposite party stopped accepting the challan payments. Latter the complainant made payments as directed by the Employees Provident Fund Organization.
The Employees Provident Fund Organization after verifying the records issued notice to the complainant vide No. AP/RO/NZB/ENF/7A/47241/2011-12/1608 dated 28-12-11 stating that the complainant did not remit an amount of Rs. 8,940/- for the month of October 2008 and Rs. 25,943/- for the remaining period. After receiving the notice the complainant was shocked and approached the employees provident fund organization and showed the records and clarified the payment of amount for Rs. 25,943/- and also showed the payment record for an amount of 8,940/- for the month of October 2008 but the said amount was not remitted to the Employees Provident Fund Organization and also it was not seen in the records of employees provident fund.
Thereafter, the complainant approached the Opposite Party several times and requested them to verify the account and payment of Rs. 8,940/- paid by the complainant on 7-11-08 towards Employees Provident Fund Organization. The Opposite Party failed to furnish record till 20-3-2012. However finally after much pursuance on 26-3-2012 and 31-3-2012 the Opposite Party confirmed the payment of Rs. 8,940/- by the complainant to the Opposite Party bank towards Employees Provident Fund Organization, unfortunately the same was not tallied in records of the Employees Provident Fund Organization through SBI. The complainant several visits and representation to the opposite party requesting them to adjust or remit the above said amount to EPFO did not yield any results and as such no steps were taken by opposite party to rectify their mistake which amounts to negligence and deficiency in service of the opposite party.
Due to the above acts of Opposite Party, the complainant suffered financially and mentally and therefore approached the Forum with a prayer to direct the Opposite Party to either remit the amount of Rs. 8,940/-to the EPFO or refund the same to complainant and to pay compensation of RS. 50,000/- for mental agony, hardship and loss of business and also costs of the complaint.
4. After receipt of notice Sri. M. Mohan Advocate field vakalat for opposite party but thereafter did not choose to file counter inspite of giving sufficient time and there is no representation on behalf of opposite party. Therefore Opposite Party was set exparte.
During the enquiry the complainant as PW1 filed his affidavit in lieu of evidence and got marked Ex. A1 to A7 documents.
5. Heard arguments of complainant counsel, the following points arise for consideration.
1) Whether the complainant is entitled for the reliefs prayed for?
2) To what relief.
6. Point No.1
The Ex. A2 Prove and substantiate the version of complainant that he is an Electrical contractor and is managing 33/11 K.V substation at Brahmanpally and Mal Thumeda village of Northern Power Distribution and his license is valid till 10-7-2013.
The combined challan (Ex A3) prove that Rs. 8,940/- was paid by the complainant on 7th November 2008 in the Opposite Party bank towards October 2008 Employees Provident Fund Organization.
The main allegation of the complainant is that he received a notice ( Ex. A1) from EPFO dated 28-12-2011 stating that an amount of Rs. 8,940/- for the month of October 2008 was not remitted to their account from the complainant and asked him to appear before EPFO Office and produce the record of payment. Though the said amount was paid by the complainant through Opposite Party Bank on 7-11-2008, (Ex. A3) the same was not remitted to the account of EPFO and the complainant had to pay again Rs. 8,940/- to the EPFO on 12-9-2012(EX. A7). The Opposite party confirmed payment of Rs. 8,940 on 7-11-2008 by the complainant (Ex. A3) but the same was not remitted to the EPFO and the Opposite party failed to rectify their mistake and remit the above said amount to EPFO or to the complainant account. The complainant alleged that, his several visits and representation to the opposite party did not yield any result. Hence field the present complaint and in his evidence filed Ex. A1 to A7 documents.
7. Opposite party remained Ex Parte.
8. The complainant mainly relied on the notice/summons of the Employees Provident Fund Organization (Ex. A1). The complainant contended, in the said notice EPFO stated that an amount of 8,940 for the month of October 2008 was not remitted to their account by the complainant along with Rs. 25,943/- for other months and he clarified for the amount of Rs. 25,943/- but the records of EPFO showed non remittance of October 2008 amount. On Perusal of the said EPFO, summons dated 28-12-2011 ( Ex. A1) it is observed that the summons were issued to the complainant for his failure to remit Rs. 35,883/- for the accounting year 2010-2011 and the said dues are at the end of 2010-2011 in relation to the establishment of complainant.
The combined challan Ex. A3 dated 7-11-2008 clearly go to prove the version of complainant that he paid the amount of Rs.8,940/-for the month of October 2008 in the Opposite party bank. The confirmation challan dated 26-3-2012 (Ex. A6) prove and strengthen the version of complainant that the amount of Rs.8,940/- paid by complainant towards EPFO was included in the DD vide No. 108738 dated 14-02-2009 for RS. 2,34,513 and was paid on 19-02-2009.
After receiving above letter from Chief Manager SBH ( Ex.A6) the complainant made a representation to the bank Manager SBI Nizamabad (Ex. A5) to give details regarding the said amount to his account.
The Chief Manager, State Bank of India addressed a letter dated 29-3-2011 to the complainant stating that the amount which was sent on 14-02-2001 vide Draft No. 108738 for 2,32,513 issued by SBH Kamareddy tallied with EPFO challans enclosed there in but certified that said DD amount does not include challan for an amount of Rs. 8,940/- which was paid by complainant. This same document was not marked by the complainant but is in the file of this complaint. As this document is vital in the case, the document is taken into consideration.
9. In view of above discussion it is clear that the complainant paid an amount of Rs. 8,940/- in the Opposite Party Bank, kamareddy Branch on 7th November 2008 towards EPFO and the same was confirmed by Ex. A6. The letter addressed by Chief Manager State Bank of India to the complainant which is unmarked confirmed that DD amount did not include challan for an amount of 8,940/-.
Which clearly reveal that the amount of Rs.8,940/- paid by the complainant in the Opposite party bank, Kamareddy branch was not sent to the SBI Nizamabad by Opposite Party and the re by it was not deposited in the account of EPFO. The Opposite party did not rectify the mistake even after several representation of the complainant which is deficiency of service on the part of Opposite party.
Due to the negligence of Opposite party the complainant had to pay again Rs. 8,940/- towards EPFO ( Ex. A7).
In view of above discussion held supra we are of the considered opinion that there is deficiency of the service on the part of Opposite party to the complainant.
10. POINT NO. 2
In view of the reasons stated in foregoing Point No.1 we are of the considered opinion that the complainant is entitle for the following reliefs.
1. The Opposite Party is directed to refund Rs. 8,940/- (Rupees Eight thousand nine hundred and forty only) under Ex. A3 to the complainant with interest @ 4% per annum from 7-11-2008 till realization.
2. And also to pay Rs. 1000/- ( Rupees One thousand only ) to the complainant towards the costs of the complaint.
3. The Opposite party is directed to comply with the above said directions within one month from the date of receipt of Order Copy.
In the result, the complaint is partly allowed as under,
1. The Opposite Party is directed to pay Rs. 8,940/- (Rupees Eight thousand nine hundred and forty only) under Ex. A3 to the complainant with interest @ 4% per annum from 7-11-2008 till realization.
2. And also to pay Rs. 1000/- ( Rupees One thousand only ) to the complainant towards the costs of the complaint.
3. The Opposite party is directed to comply with the above said directions within one month from the date of receipt of Order Copy.
Typed to my dictation pronounced by us in the open Forum hall on this the 27th day of June 2013.
