MR RAMSANKAR NAYAK, MEMBER … The factual matrix of complaint is that, the complainant was working under the OP.no.1 as ABM w.e.f. dt.24.07.2009 and resigned from service on dt.14.04.2013. He was allotted with EPF A/c No. TN/MAS/83082/19. He contends that, he had already been submitted Form no.19 & 10C (EPS), Bank pass book in Xerox to the OP.1 for attestation and transmit the same to the OP.no.2 for payment of EPF & FPF amount vide his above said account number but he yet not received the same from the OP.s. He also spend huge amount towards postal charges and other expenses but for no action made by the OP.s. Hence he alleged that there is deficiency in service on the part of OP.s, so he prayed before this forum to allow his EPF & FPF amounts along with a sum of Rs.80,000/- as compensation and cost for his harassment.
2. The counsel for OP.2 has entered his appearance and filed a petition wherein he averred that, the present case is not maintainable before the forum as the member complainant is resident of Vizianagaram, AP and the OP.s are also relates to Chennai in the state of Tamilnadu, hence the case itself lost its merit for adjudication as provisions contemplated under section 11 of the C.P.Act 1986. Hence he prayed to allow him a chance for hearing on the petition on the point of jurisdiction in the interest of justice.
3. The complainant has filed copy of certain relevant annexure as per list of document. The OP.1 neither appeared nor filed his counter in spite of several chances, hence he set ex parte. The counsel for OP.2 though prayed for hearing on his objection petition on the point of jurisdiction on dt.23.09.2016 but failed to appear before this forum for such hearing since the above said date. Hence the forum decided to proceeds the case as evidences available in record. Heard the complainant at length and submissions considered.
4. It reveals from the record that, the complainant was working under the OP.1 vide A/c no. TN/MAS/83082/19. It is crystal clear from record that the complainant has submitted all required documents along with F-19 & F-10C, to the OP.1 requesting to transmit the same with attestation. But on perusal of record it is seen that despite several persuasions made by the complainant neither the OP.s replied nor settled his claim and kept the complainant in dark.
5. From the records we came to a conclusion that, the complainant has submitted his documents along with F 19 & 10C to the OP.1 as well as he sent reminder letters to the OP.s through Regd Post with AD but neither of the OP.s considered his claims, which shows the illegal & highhanded action, hence the complainant inflicted great mental, physical & financial losses. However we found there is deficiency in service on the part of OP.1 & 2 and the complainant is entitled for such relief as claimed. As thus we allowed the complaint against the OP.No.1 & 2 with cost.
ORDER
i. The OP.no.1 is here by directed to transmit the required documents of complainant along with F-19 & 10C with due attestation to the OP.no.2 with immediate effect after receipt of this order.
ii. The OP.1 is further directed to pay a compensation of Rs.3,000/- (Three thousand) inter alia Rs.2000/- (Two thousand) as litigation cost to the complainant.
iii. The OP.2 is directed to process the applications in form 19 & 10C of complainant after receipt the same from OP.No.1 at the earliest possible. Inter alia, the OP.2 shall pay the outstanding EPF & FPF dues of complainant according to the provisions laid down in EPS’95.
iv. All the above directions shall be complied within 60 days of receipt of this order, failing which, the total sum will carry 12% interest per annum till its realization.
Pronounced on this the 25th day of May' 2017.
Sd/- Sd/-
MEMBER MEMBER, DCDRF,
NABARANGPUR.
