SRI G.K. RATH, PRESIDENT … The factual matrix of case is that, the husband of complainant was working as Watchman (NMR) vides EPF A/c No. OR/2955/502 under the OP.no.1 from 01.1.96 and expired on 19.11.2007 while in service. She contends that for claim of her husband’s PF, EDLI & pension amount she has already been submitted Form no.19, F-20, 5, 10D, Death certificate, legal heir certificate, Bank pass book Xerox copy by R.P. on 29.06.16 to the OP.1 to transit the same along with necessary attestation to the OP.3 but no response yet taken till date. She also applied through RTI application addressed to the OP.1 & 2 to intimate her EPF A/c no., date of joining and retirement of her husband, for payment of obsequies and cremation amount of Rs.6000/- but the OP.1 neither replied nor yet intimate the same to the complainant. She contends that her husband was eligible to deposit EPF & FPF amount from 01.01.96 to 19.11.2007 but the OP.1 not yet deposited the same in favour of her husband. As per evidences submitted by the complainant the G.M., OHPC, Bhubaneswar was sanctioned the Rehabilitation assistance benefit of Rs.1,50,000/- in her favour but the OP.3 have not yet release the EPF dues in her favour. So she contends that the action of OP.s is amounts to deficiency in service, hence prayed to allow the entire claims as alleged along with Rs.80,000/- as compensation and Rs.10,000/- for cost of litigation.
2. The A/A for the OP.1 & 2 has filed his counter to contend that, the EPF form no.20,10D & 5IF along with Xerox copy of legal heir certificate and court affidavit has already been submitted to the OP.no.3 vide lr.no.1284/WE dt.31.07.17. Soon after receipt of death report by their office immediately arranged payment of Rs.6000/- and paid to the complainant vide D.D.no.382957 dt.30.08.17. The OP.s further contends that the complainant claims the above demands after a long period of 20 years and she did not disclose the cause of action arouse within the stipulation period as per provisions 24-A of the Act. Hence they prayed to dismiss the case in the ends of justice.
3. The counsel for OP.3 has filed his counter and averred that, the claim application along with concerned forms has already been returned to the establishment on dt.16.12.16 because the bank account related to Mukta Harijan was instead of Mukta Christian// the marital status of children not furnished// attested copies of age proof certificate, photographs, bank details, descriptive roll of eligible children & mother were not enclosed in the claim application and the F-5IF certification column at page no.6 left blank. Therefore no claim application has so far been received by the OP.3 after due compliance of the said discrepancies. So he contends that necessary direction may please be given to the complainant to prefer claim application in F-20, 5(IF) & 10-D along with required documents with due compliance. Hence he prayed that there is no deficiency in service on their part, so prayed to dismiss the case in the interest of justice.
4. The A/A for OP.s and complainant has filed copy of certain documents in support of their claim. Case heard from them at length and perused the record.
5. It is seen from the record that, the complainant is wife of Late Deba Christian who was working as a Watchman under the OP.1 for the period from 01.01.1996 and succumbed to his last on 19.11.2007 while in service. The complainant contends that the OP.s has not yet provide the PF, EDLI & pension amount as well as not provide the
obsequies and cremation amount in her favour despite submitting all required documents along with claim forms etc, hence this complaint. But from the entire perusal of record it is seen that the OP.1 has already paid the obsequies and cremation amount earlier in her favour. Further it is seen that, the OP.1 & 2 has already transmit the required documents along with claim forms duly attested to the OP.no.3 vide their lr no.1284 dt.31.07.2017 but though the OP.3 received earlier the same with some discrepancies and returned the same but denied to receive the same after correction from the OP.1 as per their so called lr no.1284 dt.31.07.2017. It is also seen that, as per submission of death certificate, legal heir, bank pass book the Sr.G.M.,Finance OHPC Ltd, Bhubaneswar was sanctioned Rehabilitation Assistance benefit for Rs.1,50,000/- in favour of complainant. On the other hand it is seen that the complainant has submitted all required documents along with affidavits to the OP.1 and the OP.1 along with attestation retransmit to the OP.no.3 vide their lr.no. 1284 on dt.31.07.2017 through R/P but the OP.no.3 denied the same with one plea or the other. The complainant herewith submitted her affidavit wherein she mentioned that her name is Mukta Harijan W/o Late Deba Christian but wrongly has mentioned name as Mukta Christian and declares that Mukta Christian and Mukta Harijan is one and same i.e the present complainant.
6. Before delving to the conclusion we are of the view that the complainant inflicted great losses mentally and financially due to the dilly dallying tactics of OP.s. Hence we found deficiency in service on the part of OP.s. As thus we allowed the complaint in favour of complainant.
ORDER
i. The OP.1 & 2 are hereby directed to do follow up actions with war footing steps as per provisions of EPF Rules for the settlement of claim of complainant and the actions shall compliance to this forum with immediate effect.
ii. The OP.3 is hereby directed to provide the outstanding EPF dues, pension and any other relief pending against the complainant with immediate effect. No cost.
iii. All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total amount shall bear 12% interest per annum till its realization. Order pronounced in the open forum on 14th day of Nov' 2017.
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MEMBER MEMBER PRESIDENT
