BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H. Prasad, B.A., LL.B., President
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B. Com., LL.B., Member
Monday the 2nd day of January, 2006.
CC. No. 135/2005
Sri. N.Meerajaj Ali S/o Syed Abbas Ali,
Aged about 59 years,
Muslim retired employee,
H.No.45/24/K-20, Ashok Nagar,
Kurnool. . . . Complainant
-Vs-
1.The District Collector,
Anatapur.
2.Prohibition and Excise Superintendent,
Anantapur.
3.Prohibition and Excise Superintendent,
Chittor.
4.District Treasury Officer,
Kurnool.
5.District Treasury Officer,
Chittor. . . . Opposite parties
This complaint coming on 29.12.2005 for arguments in the presence of Sri Y.Srinivasulu, Advocate, Kurnool for complainant and opposite parties No.2 and 3 represented in person and opposite parties Nos.1,4 and 5 set exparte, and stood over for consideration, till this day, the Forum made the following.
O R D E R
(As per Sri R.Ramachandra Reddy, Hon’ble Member)
1. This consumer dispute case of the complainant is filed under section 12 of C.P. Act, seeking an award in favour of the complainant from the opposite parties to pay him the G.P.F account amount of Rs.89,696/- with 9% interest per annum from the date of due till the date of payment along with costs and such other reliefs as the Hon’ble Forum may deem fit and proper in the circumstances of the case.
2. The brief facts of the complainant’s case are that he was appointed an Excise Constable on 1.4.1971 in Kurnool Dist. He was promoted as Excise Head Constable on 12.5.1984 and he served in the department as Excise Head Constable in Kurnool District till 2.10.2002, when he was promoted as S.I Prohibition and Excise and on promotion he was posted to Mulakala Cheruvu in Chittor District as S.I Prohibition and Excise. He was subscriber to G.P.F No. 13-147-0133 and regular recoveries of G.P.F subscription were made from his salary commencing from the year 1994. The balance of his G.P.F account No. 13-147-0133 at Kurnool when he was promoted as S.I was Rs.78,696/- as on 31.3.2003. When he worked at Mulakala Cheruvu as S.I in Chittor District from 2.10.2000 to 9.7.2002 and an amount of Rs.1,100/- per month was recovered from his salary for a period of 10 months. Therefore, there was an amount of Rs.89,696/- standing to the credit of to his G.P.F said account towards principal. He is also is entitled to interest at 9% per annum till the payment of the said principal amount. His subscription towards G.P.F was stopped by the Superintendent prohibition and Excise, Chittor from August 2001, onwards and no G.P.F account No. was allotted to him in Chittor District, Subsequently he was transferred to Anatapur District and posted as S.I Excise at Kadiri and he worked there till 31.12.2004 and retired from service on attaining superannuity. But no amount was recovered from his salary towards G.P.F during the period he worked at Kadiri. As a mater of fact the department should prepare the pension papers and G.P.F withdrawal forms and submit to the Accountant General well in advance to enable him to receive all his benefits. The employer had submitted an application with form of final withdrawal of G.P.F account amount and submitted to the opposite parties No.2 and 3 as early as on 3.2.2005. Earlier to this on 12.1.2005 he has also submitted another application to 2, 4 and 5 opposite parties to enable the G.P.F amount standing to his credit and pay to him. Again on 10.5.2005 he has submitted another application to 2, 3, 4, and 5 opposite parties and requested them to adjust the amount of Rs.1,100/- which was recovered from his salary at Mulakala Cheruvu to his G.P.F account No. 13-147-0133. But of no avail. After exhausting all his efforts to get the G.P.F amount, got issued lawyer’s notice dated 23.5.2005 to all the opposite parties requesting them to settle the amount due to him within 15 days. Otherwise, he would be constrained to approach the Hon’ble District Forum. The opposite party No.5 in reply to the said notice send a copy of his letter dated 17.6.2005 addressed to the opposite party No.3 requesting to furnish the schedules of recovery of his G.P.F Account. The opposite party No.2 gave reply that there is no material with him in respect of the G.P.F amount of him. Even after retirement on 31.12.2004 on attaining superannuation after serving 34 years in the said department, the opposite parties ought to have been settled and paid to him as early as possible, but they do not appear to have evinced any interest and made him to suffer as he could not perform the marriage of his daughter, which was fixed, but for want of money the said marriage was postponed. The said conduct of the opposite parties in not settling and paying long due G.P.F account amount is amounting to deficiency of service, ensuing mental agony to him.
3. In pursuance of the service of the notice of this Forum as to this case of the complainant the opposite parties remained exparte but the opposite party No.2 sent a counter affidavit by Register Post Acknowledgment due to this Forum.
4. The counter submitted by the opposite party No.2 reveals that he replied to the counsel of the complainant for the notice dated 23.5.2005 on 30.5.2005 explaining the action taken by his office. In this reply he informed that on receipt of the application for final payment of G.P.F by this office on 4.2.2005, the same was sent to opposite party No.3 in its office R.C No. A3/131/2005 dated 10.2.2005 for taking further action. But his office is not aware of the action taken by the opposite party No.3 to the above said reference letter dated 10.2.2005. The opposite party No.3 has to take further action for the payment of the G.P.F amount to the complainant by the D.T.O, Kurnool (opposite party No.4). The opposite party No.4 sent a letter RC. C3/ 4278/2005 dated 19.9.2005 to this Forum on 6.10.2005 by Registered post stating that as per his records the complainant has got an amount of Rs.91,791/- at his credit in his (complainant ) account as on 31.3.2005 but any proposals for final payment have not been received from the concerned Superintendent of Excise and Prohibition i.e. opposite party No.2 and opposite party No.3, hence, the said amount lied down in the complainant’s individual account
5. In substantiation of the case averments while the complainant side has relied upon the documentary record in Ex A.1 to A.7 besides to the sworn affidavit of the complainant in reiteration of its case.
6. Hence, the point for consideration is whether the complainant has made out the alleged deficiency of service in the conduct of the opposite parties for not settling and not paying the amount claimed under G.P.F Account amount so as to enable himself the reliefs claimed:?-
7. The Ex A.1 is Class IV G.P.F Annual Intimation Card 1994 – 95 pertaining to the complainant’s G.P.F No. 13-147-0133 for Rs.844/- . The Ex A.2 is Class IV Annual intimation card 1995-96 pertaining to the said G.P.F Account number for Rs.2,131/-. The Ex A.3 is Class IV Annual intimation card 1997 -98 pertaining to the said same G.P.F Account number for Rs.10,716/- . Ex A.4 is Class IV Annual Intimation Card 1999-2000 pertaining to the said same G.P.F Account number for Rs.49,036/-. The Ex A.5 is Class IV Annual Intimation Card 2000-01 pertaining to the above G.P.F Account number for Rs.65,934/-. The Ex A.6 is Class IV Annual Intimation Card 2002- 2003 pertaining to the above G.P.F Account number of the complainant for Rs.78,696/- and the Ex A.7 is the copy of letter R.C No. 13/1418/2005 dated 3.9.2005 of the opposite party No.2 to the opposite party No.5 for the payment of the G.P.F amount of Rs.11,000/- recovered at the rate of Rs.1,100/- from 10/2000 to 7/2001 from the complainant.
8. From the memos of the complainant submitted on 15.11.2005, 29.11.2005 and 20.12.2005 the opposite parties are not interested in payment of the amounts due to the complainant, but only bent upon issuing the letters (1) dated 16.6.2005 by opposite party No.5 to opposite party No.3, (2) dated 19.9.2005 by opposite party No.4 to this Forum under copy to the Excise Superintendent Kurnool, and the complainant (3) dated 17.10.2005 by opposite party No.5 to the complainant under copy to the opposite party No.3 to Wash away their responsibility. As the amounts due to the complainant for not settled and paid to the complainant inspite of his entitleness consequent to his retirement, the said conduct of the opposite parties is amounting to a clear deficiency of service on their part.
9. As seen from the above cogent material available in Ex A.1 to A.7 and other material available on the record of this case of the complainant, the contentions of the opposite party No.2 in its counter affidavit along with the letter dated 3.9.2005 in support of his case and where as the other opposite parties remained exparte and they are remaining without any justifiable excuse, the said conduct of the opposite party is certainly amounting to failure on their part in performing the legitimate duty in not paying the G.P.F account amount of Rs.89,696/- till date and thereby amounting to deficiency of service and thereby entitling the complainant to the claim as the bonafidies of the complainant’s claim are not otherwise disturbed.
10. In the result, and in sum up of the above discussion, the complaint is allowed directing the opposite parties jointly and severally to pay to the complainant the G.P.F account amount of Rs.89,696/-with 9% interest per annum from 31.12.2004 to till the date of payment, Rs.5,000/- towards compensation, and Rs.1,500/- towards costs of this case and the opposite parties are granted one month time for the compliance of this order. In default the opposite parties shall pay the supra awarded amount with 12% interest per annum from the date of the said default till the date of realization.
Dictated to the Stenographer, transcribed by her corrected and pronounced in the Open Court this the 2nd day of January, 2006.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
Exhibits Marked for the complainant:
Ex.A1 G.P.F ship amount of Rs.844/- No.13-147-0133 covering April,1994 to
March,95 for 1994-95 in name of complainant
Ex.A2 Class IV G.P.F Annual Intimation Card 1995-96 No.13-147-0133
covering April 1995 to March 1996 for Rs.2,131/-
Ex.A3 Class IV G.P.F Annual Intimation Card 1997-98 No.13-147-0133
covering April 1997 to March 1998 for Rs.10,716/-
Ax.A4 Class IV G.P.F Annual Intimation Card 1999-2000 No.13-147-0133
covering April 1999 to March 2000
Ax.A5 Class IV G.P.F Annual Intimation Card 2000-01 No.13-147-0133
covering April 2000 to March 2001
Ax.A6 Class IV G.P.F Annual Intimation Card 2002-03 No.13-147-0133
covering April 2002 to March 2003
Ax.A7 Letter Rc.No.13/1418/05 Dt.3-9-2005 addressed to Deputy Director,
District Treasury, Chittor (for payment of the G.P.F amount of
Rs.11,000/- recovered @ Rs.1,100/- from 10/2000 to 7/2001.
Exhibits Marked for the opposite parties: Nil
PRESIDENT
MEMBER MEMBER
Copy to:-
1.Sri. Y.Srinivasulu, Advocate, Kurnool
2.The District Collector, Anatapur.
3.Prohibition and Excise Superintendent, Anantapur.
4.Prohibition and Excise Superintendent, Chittor.
5.District Treasury Officer, Kurnool.
6.District Treasury Officer, Chittor.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties on:
