DATE OF FILING: 04.03.2014
DATE OF DISPOSAL: 20.04.2018.
Sri Karuna Kar Nayak, President.
The complainant Dhruba Charan Sabat has filed this consumer complaint 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 grievance before this Forum.
2. The case of the complainant in brief is that he was an employee (conductor) of the Orissa State Road Transport Corporation (O.P.No. 3& 5) from 02.09.1986 to 31.03.2010 and retired on attaining the age of superannuation of 58 years on 31.03.2010. The Management of M/S O.S.R.T. Corporation (O.P.No.3 & 5) is an establishment covered under the provisions of the Employees’ Provident Fund and Misc. Provisions Act, 1952,(here and after called as the Act, 52 ) having the Employer code No. OR-BAM-87 (OP No.3) and OR-BBS-88 (O.P.No.5) and duly controlled by the statutory authorities (O.P.No. 1, 2 & 4) EPFO) being the OSRTC (OP No.3 & 5) is an unexampled establishment under the Act, 52. The EPF Account No. OR-BAM-87-3748 from 01.11.1986 to 28.02.2008 under the administrative control of O.P.No. 2& 3 and the second EPF account No. OR-BBS-88-1330 from 01.03.2008 to 31.03.2010 under the Administrative control of O.P.No. 4 & 5 under the Act, 52. The complainant retired on 31.03.2010 and submitted the Form-13 to the P.P.F.C., R.O. Bhubaneswar O.P.No.4 for transfer of the P.F. accumulation of 1st EPF accounts No. OR-BAM-87-3748 to the 2nd EPF account No. OR-BBS-88-1330 and the accumulations transferred in July 2010 without any intimation to the complainant and O.P.No.2 kept the complainant in darkness. The O.P.No.4 settled an amount of Rs.1,81,110/- on 7.10.2010 and an amount of Rs.10,332 on 16.06.2011, covering the entire contributory periods from 01.11.1986 to 28.02.2008 (OR-BAM-87-3748) an d from 01.03.2008 to 31.03.2010 (OR-BBS-88-1330) which found short. The payment of EPF benefit in short proves their deficiency in service. The complainant in his letter dated 30.04.2012 and letters dated 29.05.2012 and dated 08.08.2012 intimated to the O.P.No.4 to supply him the copy of the annual statement of accounts but found no response. The advocate for the complainant filed petition dated 16.10.2012 before the O.P.N o.1 when no accounts slip issued by the O.P.No.2. So the O.P.No.1 issued the instruction in their letter No. 1370 dated 252.10.2012 to the O.P.No.2 and O.P.No.4 for early disposal of the grievance but the O.P.No.2 and O.P.No.4 ignored to the instruction of O.P.No.1 which proved their deficiency in service. The complainant through his advocate intimated to the O.P.No.2 in the letter dated 21.12.2012 to supply the copy of the annual statement of accounts of Account No. OR-BAM-87-3478 but the O.P.No.2 replied in their letter No. 4907 dated 02.01.2013 to supply the required information after compilation of reconciliation, but till date remained silent. The Employer-87 (O.P.No.3) remitted the contributions of the complainant from 01.11.1986 to 28.02.2008 in his 1st EPF account No. OR-BAM-87-3748 under the administrative control of the O.P.No.2 but the O.P.No.2 failed to supply the copy of the annual statement of account from 1990-91 to July 2010, and transferred in cheque No. 224007 dated 22.07.2010 an amount of Rs.1,70,314/- which is found short and without issue of detailed accounts slip of OR-BAM-87-3748 for 1989-90. The Employer-88 remitted the contributions of the complainant from 01.03.2008 to 31.03.2010 in his 2nd EPF account No. OR-BBS-81330 under the administrative control of the O.P.No.4. The O.P.No.4 issued the Annual Statement of Accounts for the years 2008-09 and 2009-10 but stopped the supply of above slips (Form-23) from 2010-11 and 2011-12 till the 2nd P.F. benefits Rs.10,332/- paid on 11.06.2011. So the stopping of the issue of the accounts slip (Form-23) by the O.P.No.4 proved their deficiency in service. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay the following reliefs in favour of the complainant as under:-
a) The O.P.No.1 be directed to issue suitable guide lines under para-75 of the E.P.F. Scheme’52 for issue of copies of the members account, annual report etc. when RO and SRO ignored to the Head Office instructions.
b) The O.P.No.2 be directed to supply the copy of the Annual statement of the accounts of the complainant from 1990-91 to July 2010 concerning to the 1st EPF account No. OR-BAM-87-3748.
c) The O.P.No.4 be directed to supply the copy of the Annual Statement of the Accounts of the complainant from 2010-11, 2011-12 and to till date, concerning to the 2nd EPF account No. OR-BBS-88-1330.
d) The O.P.No.3 and 5 be directed to confirm the remittance of the EPF contributions of the complainant concerning to the relevant years, through the EPF Form-6A ( R ) of the Act, 52.
e) The complainant may be please be compensated to the tune of the Rs.45,000/- for harassment and mental agony caused in due course by the O.P.No.2 and 4 with litigation cost in the best interest of justice.
3. Upon notice the O.P.Nos 1, 2& 4 have filed version through his advocate. It is stated on receipt of claim application in F-13A ( R ) from the complainant a sum of Rs.1,70,317/- (Rs.97,581/- as employee share & Rs.72,463/- as employer share) has been transferred from OR/87/3748 to OR/88/1330 on 16.07.2010 and the same was credited in Account No. OR/88/1330. On receipt of the claim application in F-19 a sum of Rs.1,81,110/- and Rs.10,332/- has been settled towards final settlement of PF dues including the transfer-in amount received from OR/87/3784 along with contribution received in account number OR/88/1330. The O.P.No.2 & 4 settled the PF dues taking up to date contribution as received from the establishment in shape of F-3A (R ) 6A( R ). No amount is left in both the accounts. The O.P.No.4 has already issued the annual statement of accounts in respect of OR/88 as per the provisions made under the Act and Scheme. O.P.No.2 issued annual statement of accounts in respect of OR/87 up to 1993-94 and thereafter account slip has not been issued due to non receipt of the annual returns. On receipt of the same necessary action will be taken by the O.P.No.2 for issuance of the account slip and the same has already been intimated to the complainant. As such there is no deficiency of service and instruction of the O.P.No.1 was carried out. The establishment M/s OSRTC, Berhampur bearing code No. OR/87 is a defaulter establishment. The establishment has neither deposited the PF dues in time nor submitted the annual returns in due time. The annual account slip in respect of the said establishment has been issued up to 1993-94 and afterwards it is not issued due to non-reconciliation of the deposit position and non-submission of annual returns in F-3A (R )/6A( R ) in respect of all employs. Several letters have been issued to the establishment for submission of annual returns in F-3A (R )/ 6A (R ) for the period from 1994-95 to 2011-12 but the same is yet to be received. Area E.O. has also been directed to visit the establishment and pursue the employer to submit the required returns. On receipt of the required returns and deposit particulars this office will take necessary action for issuance of annual account slips. Since the annual account slip for the period from 1994-95 to 2007-08 is not issued, question regarding supply of the same on payment of the fee does not arise. The grievance of the complainant in Para 12 is that the amount transferred from OR/87/3748 for Rs.1,70,314/- is found short, but the complainant did not produce any documentary evidence regarding short remittance of PF dues. Though the O.P.No.2 has not issued the annual accounts from 1994-95 to 2007-08 due to reason mentioned above, transfer the PF dues as received from the establishment has been provided in shape of a statement at Para No.10 regarding yearly contribution received from M/s OSRTC. The annual statement of accounts for the year 2010-11 in respect of M/s OSRTC, OR/88 has been sent to the said establishment vides Letter No. OR/PF/A/c-1/slip/88/2010-11 dated 21.12.2012 for distribution amongst the employees including the complainant. As regards account slip for the year 2011-2012, the same was updated in the system and the same is supposed to be downloaded by the establishment for distribution amongst the employees as per the revised norms of EPFO. Since the O.P.No.4 issued the annual statement of account, there is no deficiency of service. The O.P.No.4 has already issued the annual statement of accounts as per the provisions made under the Act and Scheme. OP No.2 issued annual statement of accounts up to 1993-94 and thereafter account slip has not been issued due to non-receipt of the annual returns. On receipt of the same necessary action will be taken by the O.P.No.2 for issuance of the account slip. Hence no harassment has been caused to the complainant. The EPF authority has already transferred the past accumulation as available in PF account No. OR/87/3748 to the present account number OR/88/1330 and has already settled the PF dues as available in PF Account No. OR/88/1330. No balance amount is left either in account number OR/87/3748 or OR/88/1330. The O.P. No.4 has already issued the annual statement of accounts and the O.P.No.2 has issued the annual statement of accounts up to 1993-94 and thereafter it is not issued due to reasons mentioned in Para 10. As such, the petition of the complainant may please be dismissed in the interest of justice with a direct to the O.P.No. 3 & 5 to submit the required returns for issuance of annual statement of accounts.
Lastly on 22.3.2018 the O.P.No.1,2 & 4 submitted that the Head office circular dated 11.03.2011 is very much applicable to the case of the complainant. It is once again submitted that as the member has left service in OR/88/1330 w.e.f. 14.03.2010 the P.F. account became inoperative from 03/2013 and interest is allowed up to 03/2013 i.e. three years from his date of leaving of service in the said account number. Accordingly this office has already released Rs.1984/- towards interest on Rs.6935/- up to 03/2013. No further interest is allowed from 04/2013 onwards as claimed by the complainant as the interest is already allowed up to 36 months it becomes inoperative. As the PF Authority i.e. O.P.No.2 has already released the residual balance with statutory interest as per the provision, there is no deficiency of service. As such, the petition of the complainant may please be dismissed in the interest of justice.
4. On the date of hearing of the case, we heard the learned counsel for the complainant as well as advocate for O.P.No.1,2 & 4and perused the complaint petition, written version, written argument and materials placed on the case record. The O.P.No.2 has already released the residual balance with statutory interest as per the provision. Hence in our considered view there is no deficiency in service on the part of the O.Ps.
In the result the complainant’s case is dismissed on contest against O.P.No.1, 2, 3 &4 and on exparte against O.P.No.5 without cost.
The order is pronounced on this day of 20th April 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
