DATE OF DISPOSAL: 05.11.2018
Sri Karuna Kar Nayak, President.
The complainant Noorjahan Begum 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 her grievance before this Forum.
2. Briefly stated the case of the complainant is that the complainant is wife of late Sk. Mehboob who was working as a driver in O.R.T. Company ltd., (Now OSRT Corporation). In course of employment, the husband of the complainant was earlier allotted with the EPF Account No. OR/87/3743 i.e. EPF code of ORT Company ltd on transfer to the jurisdiction of the O.S.R.T. Corporation, the EPF number was allotted as OR/88/1255 at OSRTC, Padmapur Depo. The husband of the complainant registered from service on 31.07.2010 and died on 10.02.2014. The complainant submitted the Forms duly filed into the District Transport Manager I/C, OSRTC, Padmapur for onward submission for sanction of EPF family pension and payment of E.P.F. dues. An amount of Rs.1,87,632/- has been sanctioned by O.P.No.2 and communicated without any details thereon. The Form No. 10-D(EPS) for sanction of EPF pension in respect of E.P.F. account number OR/88/1255 was duly forwarded by the District Transport Manager(A) I/C, OSRTC, Padmapur, Padmapur to the Law Officer, OSRTC, Bhubaneswar and copy communicated to the complainant in Memo No. 346 dated 10.05.2015. The complainant obtained the legal heir certificate from the competent authority on 04.10.2014 and endorsed copy of the same to the O.Ps. As per the details furnished by the O.P. at Annexure-1, the date of joining of the husband of the complainant in EPF 1971 being 01.10.1986, the provisions of E.P.S’ 1995 on 16.11.1995 is automatic and the complainant is entitled for monthly pension alongwith Mohamad Masood and Gazal Parveen in terms of the provisions of the Employees Pension Scheme, 1995 w.e.f. 11.02.2014 besides the pension payable to late Sk. Mehboob. For non-sanction and non-payment of the pension under EPS 1995, the complainant is suffering from harassments causing mental agony. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps for sanction and payment of monthly pension to the complainant under Employees Pension Scheme, 1995 from 11.02.2014, for sanction and payment of pension of late Sk. Mehboob under account number OR/88/1255 from 01.08.2010 to 10.02.2014, for payment of compensation of Rs.30,000/- towards compensation for harassment and mental agony, for payment of Rs.7500/- towards the costs of litigation in the best interest of justice.
3. Although the O.P.No.1 appeared through his advocate but not filed written version, hence the O.P.No.1 is declared set exparte on dated 12.04.2017.
4. Upon notice the O.P.No.2 & 3 filed version through his advocate. It is stated that a sum of Rs.1,87,632/- has already transferred from PF account number OR/87/3743 to OR/88/1255 on 25.04.2012. After reconciliation of annual statement of accounts in respect of the establishment OR/87 it is found that a sum of Rs.9,519/- is still outstanding in PF Account No. OR/87/3743. As such it is submitted that the complainant may be requested to apply in F-13A(R) for transfer the balance PF dues. The PF amount in Account No. OR/88/1255 has been settled for Rs.2,23,445/- including the transfer-in amount received from OR/87/3743 and OR/1355/378. Regarding sanction of pension it is submitted that the pension claim application alongwith required documents has not been received by the O.P.No.3 for which the O.P. is unable to release the monthly pension alongwith the arrears. The PF authority has already transferred the PF dues and settled the PF dues. Monthly pension has not been released due to non-receipt of the claim application. The O.P.No.2 & 3 assured that on receipt of F-13A ( R ) and F/10-D along with the relevant documents balance PF dues will be transferred and monthly pension will be released alongwith the arrears. Hence it is submitted that necessary direction may please be given to the complainant to apply in claim application for transfer and settlement of PF/Pension alongwith the required documents duly countersigned by the authorized officer of the establishment. Hence there is no deficiency in service on the part of the O.P.No.2 & 3. Hence the O.P.No.2 & 3 prayed to dismiss the case in the interest of justice.
5. On the date of hearing of the consumer complaint learned counsel for the complainant and O.P.No.2 & 3 were present. We heard argument from both sides at length. We perused the complaint petition, written version, written arguments and documents placed on the case record. Law is clear that the employee has to contribute his share from the monthly salary and it is for the employer to deduct the same and remit it to the P.F. Organization for maintaining the accounts in an account number allotted to the employee. In case such deductions are not made and the amount is not deposited by the employer, it shall amount to deficiency in service. It is equally the responsibility of the P.F. Organization to collect the same from the employer and in case of failure, there is deficiency in service on the part of all of them. Hence, we hold that by not depositing the E.P.F. dues in the accounts of the complainant, O.P.No.2 & 3 have committed deficiency in service. Likewise, by not pursuing and collecting the contribution amount of the complainant from O.P.No.2 and 3, the O.P.No.1 has committed deficiency in service. We are, therefore constrained to accept the uncontroverted version of the advocate for the complainant. Hence, all the O.Ps in this case are set jointly and severally liable for deficiency in service under the Act.
6. In the result, the complainant’s case is partly allowed against Opposite Parties and the complainant is directed to submit Form No.20 and 10D with all required documents for settlement of balance EPF dues and sanction of pension respectively to O.P.No.1 within 10(ten)days from receipt of this order. The O.P.No.1 is also directed to forward the Form No.20 and 10D to O.P.No.2 & 3 within another 10(ten) days from the date of receipt of the same from the complainant. Further the O.P.No.1 is directed to settle and remit the balance E.P.F. dues as per Form No.20 and the O.P.No.2 & 3 are also directed to ensure payment of the dues of the complainant within the given period. The O.P.No.2& 3 is also directed to settle the pension of the complainant as per pension scheme’95 within another 30 days. In case of failure on complying this order, the O.Ps shall have to pay compensation of Rs.100/- per day to the complainant from the date of order till payment is made. The case is disposed of accordingly. No orders as to cost.
The order is pronounced on this day of 5th November 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 www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
