Tamil Nadu

South Chennai

18/2009

S.Gurumurthy - Complainant(s)

Versus

The Management Asia Engineering Company & others - Opp.Party(s)

S.Saravanan

05 Aug 2019

ORDER

                                                                  Complaint presented on : 18.06.2008

                                                                    Date of Disposal            : 05.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.18/2009

DATED THIS MONDAY THE 05^TH DAY OF AUGUST 2019

                                 

S. Gurumoorthi,

S/o. Mr. Srinivasan,

M.B.1010, 4^th Block,

Gandhi Maa Nagar,

Ganapathi Post,

Coimbatore – 641 006.                                                   .. Complainant.                                                  

 

                                                                                              ..Versus..

 

1. The Management,

Asia Engineering Company,

Industrial Estate,

Guindy,

Chennai – 600 032.

 

2. The Provident Fund Commissioner – I,

The Regional Office,

Employees Provident Fund Organisation,

(Tamil Nadu & Pondicherry),

Chennai – 600 014. 

 

3. The Provident Fund Commissioner,

 The Regional Office,

Employees Provident Fund Organisation,

Madurai – 2.                                                             ..  Opposite parties.

 

Counsel for the complainant                 : M/s. S. Saravanan & another

1^st Opposite party                                  : Exparte

Counsel for the opposite parties 2 & 3 : M/s. S. Srinivasan & another

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to pay the reduced pension of Rs.4,000/- from 27.02.2006 and to pay a sum of Rs.1,00,000/- towards compensation for hardship, loss and mental agony and cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he was an employee under the 1^st opposite party for the past 20 years and retired from service on 01.06.2001. His provident fund account No is TN/12006/34.  The 1^st opposite party deducted 12% from the salary of the complainant and paid 12% from the employer fund totalling 24% amount deposited in the 3^rd opposite party’s office towards the family of the complainant and for the future security.   The complainant submits that as per the Provident Fund Act, 1952, the complainant is entitled to all the benefits.  Immediately after retirement from the service on 01.06.2001, the complainant submitted Form 19 and 10-C through the 1^st opposite party’s employer to the 3^rd opposite party.  The 3^rd opposite party also settled the Provident Fund amount and paid to the complainant  as per Form 19.  But the 3^rd opposite party has not settled the benefits under Form 10-C and issued the letter dated:05.07.2002 as per the Scheme Certificate.  The 3^rd opposite party also settled the Provident Fund amount as per Form 19 according to the complainant.  The complainant submits that as per Provident Fund Act, 1995 and the complainant was attained the age of 50 years he is entitled to reduced pension and submitted Form 10-D on 23.02.2006 and sent several reminder letters.  The complainant submits that since the 3^rd opposite party stated that the complainant’s 10-D Form has not been reached fresh 10-D form with all details were sent.   On 04.09.2007, due Advocate notice also issued for which, the opposite parties 1 & 2 sent reply.  On 03.10.2007, the 3^rd opposite party sent a letter to the complainant to submit the option for reduced pension.  But till date, the opposite parties has not granted any pension.  The opposite parties are liable to pay the reduced pension of Rs.4,000/- per month.   The opposite parties has not come forward to settle the demands of the complainant.  The act of the opposite parties 1 to 3 amount to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

2.     After receipt of notice, the 1^st opposite party has not appeared before this Forum and hence, the 1^st opposite party was set ex-parte. 

3.      The brief averments in the written version filed by opposite parties 2 & 3 is as follows:

The opposite parties 2 & 3 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite parties 2 & 3 state that the complainant submitted the Pensioners Application Form 10-D only on 21.05.2008.  The allegation that the complainant submitted Form 10-D on 27.02.2006 is false and there is no proof also.  The complainant submitted only Form 10 C.  The opposite parties 2 & 3 state that the application dated:21.05.2008 submitted by the complainant was a defective one.  Hence, the complainant was requested to submit the correct particulars.  Accordingly on 27.06.2008, the complainant sent From 10 D with required particulars.  Further the contention of the opposite parties 2 & 3 is that para 12 (7 ) of the Employees Provident Fund Scheme, 1995, a member can also opt for reduced pension.  Accordingly, the complainant opted to receive the reduced pension through the State Bank of India, Coimbatore Main Branch.  The pension claim and connected documents were forwarded to the Regional Office, Coimbatore with a direction to issue Pension Payment Order.  The Regional Office, Coimbatore also issued Pension Payment Order dated:29.08.2008 to the Bank Authorities and the following amounts were deposited to the complainant’s Bank Account which reads as follows:- 

NATURE OF PAYMENT                                               AMOUNT

Commutation                                                      Rs.22,300/-

Pension arrears for the period from

01.01.2004 to 31.08.2008                                     Rs.22,512/-

Pension for the month of 09/2008                          Rs.354/-

Pension from 10/2008 to 06/2009                          Rs.402/-  - per month         

Therefore, there is no deficiency in service on the part of the opposite parties 2 & 3.  Hence, the complaint as against the opposite parties 2 & 3 is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite parties 2 & 3 is filed and documents Ex.B1 to Ex.B8 are marked on the side of the opposite parties 2 & 3.

5.      The points for consideration is:-

1. Whether the complainant is entitled to the reduced pension of Rs.4,000/- from 27.02.2006 as per Form 10-D as prayed for?
2. Whether the complainant is entitled to a compensation of Rs.1,00,000/- for mental agony with cost of Rs.25,000/- as prayed for?

6.      On point:-

        In spite of receipt of notice, the 1^st opposite party has not appeared before this Forum and set ex-parte.  The complainant and opposite parties 2 & 3 filed their respective written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.   The complainant pleaded and contended that he was an employee under the 1^st opposite party for the past 20 years and retired from service on 01.06.2001. His provident fund account No is TN/12006/34.  The 1^st opposite party deducted 12% from the salary of the complainant and paid 12% from the employer fund totalling 24% of the amount deposited in the 3^rd opposite party’s office towards the family of the complainant and for the future security.   Further the contention of the complainant is that as per the Provident Fund Act, 1952, the complainant is entitled to all the benefits.  Immediately after retirement from the service on 01.06.2001, the complainant submitted Form 19 and 10-C through the 1^st opposite party’s employer to the 3^rd opposite party.  The 3^rd opposite party also settled the Provident Fund amount and paid to the complainant  as per Form 19.  But the 3^rd opposite party has not settled the benefits under Form 10-C and issued the letter dated:05.07.2002 as per Ex.A1, Scheme Certificate.  On a careful perusal of Ex.A1, it is very clear regarding the service particulars and the family relationship                                                                                                                                                                                                                                       with his pensionable salary, last salary, salary as on 15.11.1995 etc.  The complainant was put to the actual service of 5 years, 6 months and 15 days. The eligible service is 20 years.  The pensionable service is only 6 years.  The 3^rd opposite party also settled the Provident Fund amount as per Form 19 according to the complainant.   

7.     Further the contention of the complainant is that as per  Provident Fund Act, 1995 and the complainant was attained the age of 50 years he is entitled reduced pension and submitted Form 10-D on 23.02.2006 and sent several reminder letters as Ex.A2 to Ex.A8.  But on a careful perusal of the records neither the copy of Form 10-D dated:27.02.2006 nor the acknowledgement for the same has been filed before this Forum.  Equally, the alleged reminder letters dated:15.04.2006, 02.06.2006were not been produced in this Forum. The letters dated:07.08.2006 & 18.09.2006  have no reference regarding the Form 10-D dated:27.02.2006. As per Ex.A3, it is seen that only Form 10-C alone is submitted.  Further the contention of the complainant is that since the 3^rd opposite party stated that the complainant’s 10-D Form has not been reached, a fresh 10-D form with all details were sent.   On 04.09.2007, due Advocate notice also issued as per Ex.A4 for which, the opposite parties 1 & 2 sent reply as per Ex.A5 & Ex.A6.  On 03.10.2007, the 3^rd opposite party sent a letter to the complainant as per Ex.A7 & Ex.A8 to submit the option for reduced pension.  But till date, the opposite parties has not granted any pension.  The opposite parties are liable to pay the reduced pension of Rs.4,000/- per month.  But the complainant has not produced any document to prove under which provision or G.O. the complainant is entitled to the minimum reduced pension of Rs.4,000/-.

8.     The contention of the opposite parties 2 & 3 is that the complainant submitted the Pensioners Application Form 10-D only on 21.05.2008.  The allegation that the complainant submitted Form 10-D on 27.02.2006 is false and there is no proof also.   On the other hand, the 3^rd opposite party sent letter dated:16.11.2007 as per Ex.A8 stating very clearly that till date Form 10-D was not received from the complainant.  The complainant submitted only Form 10 C.  On a careful perusal of Ex.A4, it is seen that only Form 10-C alone is sent.  Further the contention of the opposite parties 2 & 3 is that the application dated:21.05.2008 submitted by the complainant was a defective one.  Hence, the complainant was requested to submit the correct particulars.  Accordingly on 27.06.2008, the complainant sent Form 10 D with required particulars.  Further the contention of the opposite parties 2 & 3 is that para 12 (7 ) of the Employees Provident Fund Scheme, 1995, a member can also opt for reduced pension. Accordingly, the complainant opted to receive the reduced pension through the State Bank of India, Coimbatore Main Branch.  The pension claim and connected documents were forwarded to the Regional Office, Coimbatore with a direction to issue Pension Payment Order as per Ex.B6.  The Regional Office, Coimbatore also issued Pension Payment Order dated:29.08.2008 to the Bank Authorities.  Accordingly, the pension arrears for the period from 01.04.2004 to 31.08.2008 is Rs.22,512/-, Commutation is Rs.22,300/-,  Pension for the month of September 2008 is Rs.354/-, Pension from October 2008 to June 2009 Rs.402/- per month were deposited.  The copy of statement of accounts is marked as Ex.B8.  The complainant suppressed the material facts and filed this case i.e. receipt of Commutation amount of Rs.22,300/-.  There is no deficiency in service on the part of the opposite parties.  The eligible amount of pension has been disbursed and credited in to the account of the complainant.  The alleged deficiency is imaginary. Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	05.07.2002	Copy of letter of the Assistant P.F. Commissioner (Pension) containing the particulars of the Member of the Employee’s Provident Scheme, 1995
Ex.A2	07.08.2006	Office copy of letter of the complainant to the 3rd opposite party with acknowledgement
Ex.A3	18.09.2006	Office copy of letter of the complainant to the 3rd opposite party
Ex.A4	04.09.2007	Copy of legal  notice of the complainant’s Counsel to the opposite parties through RPAD with original postal receipts and acknowledgement cards
Ex.A5	12.09.2007	Reply of the 1st opposite party to the complainant’s legal notice - Original
Ex.A6	10.09.2007	Reply of the 2nd opposite party to the complainant’s legal notice - Original
Ex.A7	03.10.2007	Reply of the 3rd opposite party to the complainant’s legal notice - Original

 

OPPOSITE PARTIES 2 & 3 SIDE DOCUMENTS:-  

Ex.B1	05.07.2002	Copy of letter of the 3rd opposite party to the complainant
Ex.B2	08.08.2006	Copy of letter of the complainant to the 3rd opposite party
Ex.B3	18.09.2006	Copy of letter of the complainant to the 3rd opposite party
Ex.B4	16.10.2006	Copy of letter of the complainant to the 3rd opposite party
Ex.B5	04.10.2006	Copy of letter of the complainant to the opposite party
Ex.B6 (S)	14.06.2009	Copy of letter of the 3rd opposite party to complainant and the details of the claims received from The EPFO, Madurai for the period from July 2007 to November 2008
Ex.B7	30.06.2008	Copy of letter of the 3rd opposite party to complainant
Ex.B8	18.06.2009	Copy of statement of accounts

 

 

                              

MEMBER                                                                                PRESIDENT