SRI P.K.PANDA, HON’BLE PRESIDENT … The history of complaint in brief is that,, the husband of complainant was worked under the OP.1 since 1981-82 to 2002 as a driver/laborer and during such tenure he was allotted UAN No.100934184257 and the said deceased employee was contributing his share during his entire service period. Even after death the Ops did not provide any particular of the employer contribution to his EPF account and also the amount she has entitled to receive as FPF benefit and pension against her deceased husband’s contribution. The relevant documents are in the custody of the OP-1 office and though her repeated approaches her grievances are paid no attention, except lip service. The OP-3 denied disbursing the final withdrawal of EPF contribution and family pension till date. The Ops are under statutory obligation to redress the grievances of the complainant and having refrained from such obligation, after death of husband, she is neither able to get any pension as entitled nor she is able to assess her actual entitlements to approach the court of Law or put her grievances in a systematic manner, for which not only she is made to suffer through financial crunch, sequenced with mental agony and physical and social harassment and the complainant reiterate that all such sufferings have been inflicted upon him through the arbitrary and negligent administration of her grievances by the Ops. Hence ,this complaint. Therefore she prayed to allow the entire claims along with a total sum of Rs.50,000/- as compensation for negligence and litigation cost in the ends of justice.
2. The A/A for OP.no.2 and 3 has filed his counter and stated that,the complainant’s husband Sri Lab Harijan was working in the office of OP-1/Muncipality,Nabarangpur from the year 1981-82 to the year 2002 as driver/labourer and during such tenure he was allotted UAN No.100934184257. Upon verification of the UAN No.in the EPFO server it was ascertained that EPF account No. ORRKL00088510000000441 is linked to the aforesaid UAN which pertains to EPFO,Regional Office,Rourkela. The Employer for the aforesaid EPF account number is M/S Greeti Ranjan Mohanty. No other EPF account number was found to be linked with the aforementioned UAN.Further he submitted that,The RPFC,RO, Rourkela intimated that,the UAN No.1009341844257 pertained to Sri Lab Harijan, S/O.Chandra Harijan. His DOB as per EPFO records is 12.08.1966.Date of joining EPF membership is 01.05.2016 and contribution has been received in his EPF account upto June-2021(Except for the months Jan-2017 and Jan-2020).Date of exit has notbeen updated in his EPF account. As on date a sum of Rs.1785/- as Employees’ share,Rs.3516/- as employer’s share and Rs.7025/- as Employees Pension contribution are standing to his credit in his EPF account. However, when practically there has been no submission of any claim or grievance by the husband of the complainant during his life time or by the complainant herself, after death of her husbands, it is very illogical to allege that the EPFO refrained from its obligation to redress the grievances of the complainant and made her to suffer through all the adversities as alleged in the complaint. Again he stated that, the EPF account of her husband of the complainant is being maintained at RO,Rourkela and the office is responsible for settlement of EPF and allied benefits in respect of him without any involvement of RO,Behampur(OP-3) or District Office,Rayagada(OP-2).Therefore,the complainant has no cause of action to prefer this C.C. against OP-2 & 3.Hence the case against OP-2 & 3 may please be dropped without any order towards compensation to the complainant in the interest of justice.
3. The complainant has filed copy of some relevant documents i.e. Death certificate, Legal heir certificate, Adhar Card, Votor Card copies to support her case and case has been heard minutely. The OP-1 neither appeared nor filed their counter in the case despite a number of calls, hence they set ex parte and the Commission decided to proceed with the case basing on documents as available in record on merit. Submissions after perusal considered.
4. From the counter of the OP.2 & 3 it is evident that, the OP-1 has deliberately & capriciously suppressed the detailed material facts relating to the service & EPF account details of the Husbands of the complainant (deceased Lab Harijan,Ex-Driver/Labourer). For which the complainant suffered a lot with mental agony and financial harassments.
5. From the submissions, it is also cleared that the complainant/widow is eligible for getting EPF benefits under the provisions laid down, as reveals from the documents submitted by both party i.e. OP-2 & 3 and Complainant.But the OP-1 is negligent in their service to provide all their particulars in related to his employee /Ex.driver/labourer Sri Lab Harijan .However, the same be submitted by the A/A for OP-2 & 3. Hence, the Service of OP-1 is amounts to deficiency in service under Consumer Protection Act’2019 as he was entered M/S Greeti Ranjan Mohanty as a service provider on his establishment.
With this above observation, we allow the complaint in part.
A copy of this order be communicated to the RPFC, Rourkela for his future reference and also to send the same to the District Authority of Nabarangpur for issuance of suitable guideline to the Municipality, Nabarangpur to save the harassed consumers/beneficiaries/ employee’s and for deceased family, who is coming under EPF rules and regulations in futures.
O R D E R
i. The complainant is hereby advised to submit with all requisite documents duly signed properly to E.O.,Muncipality,Nabarangpur, herein called the OP.1 for further submission of the same with requisite certification & endorsement to the OP.3 through OP-2 or direct to the RPFC,Rourkela against the UAN No.1009341844257 for further action to settle the legitimate EPF claims of the complainant.
ii. The OP.no.1 on such submission of required documents i.e. Death Certificate, Legal Hire certificate , Adhar Card, Votor Card etc. by the complainant, shall with in 7 days, hence receipt of the same shall submit to the APFC, Bam or direct to the RPFC, Rourkela with requisite certificate & endorsement, all complete, to settlement of claims of EPF benefits of complainant .
iii. The OP-1 is also direct to pay a sum of Rs.100,000/- towards compensation along with cost of the litigation as he harassed a complainant/widow to provide the details of EPF particulars of his ex-employee(complainant’s deceased husband Sri Lab Harijan, Ex-Driver/Labourer of his office)to the complainant and for non-discloser of employer data of M/S Greeti Ranjan Mohanty within 30 days of receipt of this order . Besides the OP. 1 shall reserves liberty to recover the same awarded amount of Rs.100,000/- from the said M/S Greeti Ranjan Mohanty, Employer.
iv. The OP-2 & 3 are also directed to settle the claims of the complainant immediately basing upon the records as submitted and the documents of the OP-1 or by the complainant submitted directly.
v. Failing which to comply the above direction, it will be attracted on non complies of the order u/s 71 & 72 of C.P.Act,2019 after lapse of the period, without prejudice.
(Pronounced in the day on 19th day of Jan’ 2024).
Sd/- Sd/-
MEMBER PRESIDENT
Memo No.___13________/ Dated_19/01/2023.
Copy to the party concerned.
President
Dist.CDR Commission,Nabarangpur
