BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI MAMIDI CHRISTOPHER,
PRESIDENT.
SMT.S.SANDHYA RANI,
FEMALE MEMBER.
. . .
MONDAY, THE TWENTIETH DAY OF JANUARY, 2020
CONSUMER COMPLAINT No. 16 OF 2014
Between:
Kondaparty Chandra Mouli S/o Ramalingam, Aged: 56 years,
Occ: Retd.Employee(VRS), Nizam Sugar Factory, Metpelly,
Karimnagar District R/o H.No.7-6-76, Baharpet, Bhongir,
Nalgonda District.
…COMPLAINANT.
AND
1. The Nizam Sugar Factory Limited, now known as Deccan Sugar
Factory Limited, Metpally Mandal, Karimnagar District, A.P.
Represented by its Manager.
2. Andhra Bank, Bhongir, Nalgonda District, A.P. Represented by
its Branch Manager.
3. Andhra Bank, Central Office, Koti, Hyderabad. Represented by
its General Manager.
4. The Branch Manager, Syndicate Bank, Vempet, Karimnagar
District, T.S.
…OPPOSITE PARTIES.
This complaint coming on before us for final hearing, in the presence of Sri G.Prakash, Advocate for the Complainant, and in the presence of the Opposite Party No.1, and Sri P.Praveen Babu, Advocate for the Opposite Parties No.2 and 3, and Sri D.Amarendar Rao, Advocate for the Opposite Party No.4, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SRI MAMIDI CHRISTOPHER, PRESIDENT
1. The Complainant filed this complaint Under Section 12 of Consumer Protection Act, 1986 to direct the Opposite Parties to trace and pay the PF amount of Rs.57,309/- lying with them with interest at the rate of 24% per annum from the year 2002 till the date of
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realization and to pay compensation of Rs.50,000/- for mental agony suffered by the Complainant caused by the Opposite Parties No.1 to 4 and Rs.5,000/- towards costs.
2. The facts leading to the filing of this complaint are as follows:
The Complainant was the employee of Opposite Party No.1 in the unit of Metpally Mandal, Karimnagar District. The Complainant worked as SBO/Wireman for a period of 19 years with the Opposite Party No.1. As he was not keeping good health, he took voluntary retirement from the service in the year 2002. The Complainant prevailed the benefits of voluntary retirement from the service scheme and later shifted from Metpally Mandal, Karimnagar District to Bhongir Town and Mandal, Nalgonda District. The Complainant learnt that the Opposite Party No.1 sent statement in the month of October, 2002 with regard to the total amount payable of Opposite Party No.1, i.e. an amount of Rs.57,309/- as PF to be credited into the account of the Complainant’s Account No.006110011017549 in Andhra Bank, Bhongir, i.e. Opposite Party No.2. The Complainant had no knowledge or notice of the amount received by Opposite Party No.2 on VRS paid by Opposite Party No.1. The Complainant received the letter in the year 2010 from Employees Provident Fund Organization Regional/Sub-Regional Office, Hyderabad. The pension is to be credited into the account of the Complainant in the Opposite Party No.2. When the Complainant approached the Opposite Party No.2 to get the pension amount, he came to know that the PF amount of Rs.57,309/- was lying in the office of Opposite Party No.2 and that the amount was not deposited into his account from the year 2002. The Complainant enquired with Opposite Party No.2 about the PF amount, but the same
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was not deposited into his account and the Opposite Party No.2 gave vague reply. The Complainant made several representations and visits to Opposite Party No.2 to get the amount of Rs.57,309/-, but the same was not given to him. The Opposite Party No.2 stated that the amount was returned to the Opposite Party No.1, but the Opposite Party No.2 did not show any proof of returning back of Opposite Party No.1. The Complainant stated that the Opposite Parties No.1 and 2 mislead him and have not come forward to pay the PF amount, as it is foiled hard earned money which could be utilized in his old age. Till today, it is not credited into his account. The Complainant had written representation to Opposite Party No.1 and sent copy to Opposite Party No.2 with regard to the payment of amount to the Complainant, but the Opposite Parties No.2 and 3 put a deaf ear to the Complainant’s request. The Complainant also sent a legal notice through his Advocate Sri D.Swami Das on 11/10/2013 to the Opposite Parties No.1 to 4 and the same was received by Opposite Parties No.2 and 3, but they have not answered to the legal notice. Due to the negligent act, irresponsibility and careless attitude of Opposite Parties No.1 to 4, the Complainant was deprived of PF amount which he is legally entitled. Therefore, the Opposite Parties No.1 to 4 equally and severally liable and responsible for the loss, misplacement of untraced amount of Rs.57,309/- of the Complainant. Therefore, there was negligence and deficiency in service on the part of the Opposite Parties No.1 to 4. Hence, the Complainant filed this complaint.
3. The Opposite Party No.1 sent his written version and documents through courier to this Forum. In his counter, the Opposite Party No.1 submitted that PF amount of the Complainant was already disbursed
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and was credited into his account in the year 2002 on 15/11/2002 to the Syndicate Bank, Vempet Branch. The Opposite Party No.1 also sent a letter to the Manager, Syndicate Bank, Vempet Branch, on 15/11/2002 stating that the amount was credited into Syndicate Bank, Vempet Branch under list of Statement of Final Settlement of Provident Fund payable to the employees and retired under VRS 2002 scheme. The Sl.No.151 on Page No.6 reveals that the amount of Rs.57,309/- to be credited into Complainant’s S.B.Account No.15396. The Opposite Party No.1 finally prayed for the dismissal of the complaint.
4. The Opposite Party No.2 filed his written version denying all the averments of the complaint and submitted that he has no knowledge about the period of working of the Complainant with the Opposite Party No.1 and that the PF amount of Rs.57,309/- being credited into the account of the Opposite Party No.2. The Opposite Party No.2 denied the receiving of any statement from Opposite Party No.1 for the payment of any amount to the Complainant. The Opposite Party No.2 was not received any amount being payable to the Complainant. Therefore, he has no obligation on his part to credit the said amount to the account of the Complainant, as such there is no deficiency in service on the part of the Opposite Party No.2. The Opposite Party No.2 prayed for the dismissal of the complaint.
5. The Opposite Party No.3 filed a memo adopting the written version filed by the Opposite Party No.2.
6. The Opposite Party No.4 filed written version and submitted that the matter is pertains to the year 2002 and the Opposite Party No.4
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has no records pertaining to the said period, i.e. November, 2002. The Opposite Party No.4 has undergone several transformations from manual ledgers to core banking solutions from that period. Therefore, the Opposite Party No.4 is unable to trace the details and as such, the complaint may be decided on merits.
7. The Complainant No.1 filed his proof affidavit and marked Exs.A-1 to A-18. The Opposite Party No.1 did not file his affidavit nor marked any documents. Sri K.Venugopal, Chief Manager, Andhra Bank, Bhongir Branch filed his affidavit on behalf of Opposite Parties No.2 and 3. No documents were marked on behalf of the Opposite Parties No.2 and 3. The Opposite Party No.4 filed his proof affidavit, but no documents were marked on behalf of Opposite Party No.4. Written arguments filed by the Opposite Party No.4.
8. The points for consideration are:
1) Whether there was deficiency in service on the part of the
Opposite Parties No.1 to 4?
2) Whether the Complainant is entitled for the PF amount
and other claims as prayed for?
3) If so, to what extent?
9. POINT No.1:
The Complainant was the employee of the Opposite Party No.1 at Metpally Mandal, Karimnagar District and worked for 19 years with Opposite Party No.1. As he was not keeping good health, he decided to take voluntary retirement from service in the year 2002. Ex.A-2 is the Office Order of Appointment of the Complainant, dated 03/01/1984 issued by Opposite Party No.1. Ex.A-3 is also an Office Order, dated 20/01/1995 issued by Opposite Party No.1 with regard to the salary and scale of pay. Ex.A-4 is the Service Certificate, dated
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21/11/1995, issued by Opposite Party No.1. Ex.A-5 is an Office Order issued by the Opposite Party No.1. Ex.A-6 is the Statement of Employees Provident Fund, dated 31/10/2002, issued by Opposite Party No.1. Ex.A-7 is the letter, dated 25/04/2003 issued by Opposite Party No.1 with regard to the Complainant shifting his house and articles at his address at Muthyampet, Bhongir of Nalgonda District. Ex.A-8 is the disbursement of pension sanctioned under Employees Pension Scheme, 1995 by the Employees Provident Fund Organization, Hyderabad, dated 19/04/2010 stating that the pension amount payment order bearing No.787 has been forwarded to the link branch of Andhra Bank for onward transmission into the account of the Complainant of Opposite Party No.2 at Bhongir, vide S.B.Account No.17549 and asking the Complainant to contact the Manager along with this letter for receiving the pensioner’s copy of PPO and payment including arrears. Ex.A-9 is the letter dated 13/06/2011 issued by the Complainant to the Opposite Party No.2, requesting Opposite Party No.2 to deposit the pension amount into the account of the Complainant. Ex.A-10 is the letter issued to the Opposite Party No.2 to release the amount of Rs.57,309/-. Ex.A-11 is the legal notice issued to the Opposite Parties No.1 to 3. Ex.A-12 is the Postal Acknowledgment. Ex.A-13 is the Statement of Account, dated 21/02/2014. Ex.A-14 is the representation given by the Complainant to the Opposite Party No.4. Ex.A-15 is the letter issued by Opposite Party No.1 to Opposite Party No.4 with regard to the crediting of final settlement amount of P.F. to the S.B.Accounts of the Employees Retired under VRS-2002. Ex.A-16 is the List of Final Settlement of P.F. payable to the employees retired under VRS-2002 scheme and the name of the Complainant is shown under Sl.No.151 on Page No.6
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under S.B.Account No.15396 for an amount of Rs.57,309/-. Ex.A-17 is the particulars of cheque books issued. Ex.A-18 is the letter issued by Opposite Party No.4 to Opposite Party No.1 with regard to the payment of PF amount to the Complainant, stating that they have no records available for the year 2002 and that the Branch undergone several transformations from manual ledgers to core banking solution from that period and that they are unable to trace the details of the Complainant’s PF amount, vide Reference No.HACT/FIN/140/ dt.03/05/2014. The Complainant who worked under Opposite Party No.1 as SBO/Wireman for a period of 19 years and as he was not keeping good health, he took voluntary retirement from service in the year 2002. The Opposite Party No.1 under voluntary scheme, paid an amount of Rs.57,309/- payable under PF to the Complainant and the same was deposited into the account of Opposite Party No.4. Ex.A-8 which was issued by Employees Provident Fund Organization with regard to the disbursement of pension sanctioned under pension scheme, the amount was transferred into the Opposite Party No.2 S.B.Account No.17549, but the Opposite Party No.2 has bluntly denied with regard to the receiving of any amount of the Complainant, whereas Ex.A-13, dated 21/02/2014 shows with regard to the amounts received from Opposite Party No.1 towards pension. The Complainant toiled for 19 years and as he was not keeping good health, took voluntary retirement so that he could take rest and utilize the amount which was received towards pension and PF amount for his fag end of his life, but the Opposite Parties No.2 to 4 have negligently and irresponsibly have not taken care of that amount of the Complainant which the Complainant is legally entitled to use towards his life after retirement which is very much essential for his health care
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and nutrition. As a senior citizen, the Complainant is entitled for the pension amount and also PF amount which were deducted from his salary, to be utilized after his retirement, and the amounts were very essential for the Complainant to take medicines and also to take care of his health which were denied by the Opposite Parties No.2 to 4. The Opposite Party No.4 in his written version and also in his affidavit stated that the matter pertains to 12 years as the bank undergone several transformations from manual ledgers to core banking solution from that period and that the Opposite Party No.4 is unable to trace out the details of the Complainant which is highly negligent and irresponsibility on the part of the Opposite Party No.4 towards rendering services to the customers which the Government trusting the depositing of the amount of the pensions to be disbursed to the retired employees. Hence, we are of the opinion that there is deficiency in service on the part of the Opposite Parties No.2 to 4 in rendering the service and also in disbursing the valuable PF amount of Rs.57,309/- from the year 2002 which could be utilized at a proper time in a right way by the Complainant after his voluntary retirement, but he was deprived of the same.
10. POINTS No.2 & 3:
The Complainant is entitled for the PF amount of Rs.57,309/- towards his voluntary retirement which was deposited by Opposite Party No.1 with Opposite Party No.2, but the Opposite Party No.2 has returned the amounts to Opposite Party No.4 and the Opposite Party No.4 lost the same and failed to trace out the details of the PF amount of the Complainant. As such, the Opposite Parties No.2 to 4 are jointly
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and severally liable to pay an amount of Rs.57,309/- towards PF amount of the Complainant deposited by Opposite Party No.1 with Opposite Parties No.2 to 4 to be disbursed to the Complainant in the year 2002, but due to their negligence, the same was not disbursed in time. The Complainant had suffered from 2002 till date and has been making request of the amounts to be disbursed to him. As there is negligence and deficiency of service on the part of the Opposite Parties No.2 to 4 in rendering service to the Complainant in disbursing of PF amount to the Complainant.
In the result, the complaint is allowed in part, directing the Opposite Parties No.2 to 4 to pay to the Complainant, a sum of Rs.57,309/- (Rupees Fifty Seven Thousand Three Hundred and Nine only) towards PF amount with interest @ 9% p.a. from the date of the complaint, i.e. 24/03/2014 till realization, Rs.30,000/-(Rupees Thirty Thousand only) towards compensation for mental agony and Rs.5,000/- (Rupees Five Thousand only) towards costs, within one month from the date of receipt of this order. The claim against Opposite Party No.1 is dismissed.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 20th day of January, 2020.
FEMALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Parties:
Affidavit of the Complainant. Sri K.Venugopal, Chief Manager
Andhra Bank, Bhongir Branch,
filed his affidavit on behalf of
Opposite Parties No.2 and 3.
Affidavit of Opposite Party No.4.
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EXHIBITS MARKED
For Complainant:
Ex.A-1: Dt.01/11/2002 Original Bank Pass-Book of the Complainant.
Ex.A-2: Dt.06/01/1984 Original Office Order, issued by
Opposite Party No.1.
Ex.A-3 Dt.20/01/1995 Original Office Order, issued by
Opposite Party No.1.
Ex.A-4 Dt.21/11/1995 Original Service Certificate, issued by
Opposite Party No.1.
Ex.A-5 Dt.31/10/2002 Original Office Order, issued by
Opposite Party No.1.
Ex.A-6 Dt.31/10/2002 Statement of Employees Provident Fund
of the Complainant.
Ex.A-7 Dt.25/04/2003 Original Certificate, issued by
Opposite Party No.1.
Ex.A-8 Dt.12/04/2010 Original letter issued by EPF Organization,
Hyderabad to the Complainant with regard
to disbursement of pension sanctioned.
Ex.A-9 Dt.13/06/2011 Copy of letter issued by the Complainant
to the Opposite Party No.2.
Ex.A-10 Dt.10/04/2013 Xerox copy of letter addressed by the
Complainant to the Opposite Party No.3.
Ex.A-11 Dt.11/10/2013 O/c of legal notice issued by the counsel for
the Complainant to the Opp.Parties No.1to3.
Ex.A-12 Postal Acknowledgement Cards (2 Nos.).
Ex.A-13 Dt.21/02/2014 Statement of Account, issued by
Opposite Party No.2.
Ex.A-14 Dt.10/07/2014 Copy of letter issued by the Complainant
to the Opposite Party No.4.
Ex.A-15 Dt.15/11/2002 Attested copy of letter issued by Opposite
Party No.1 to Opposite Party No.4.
Ex.A-16 Attested copy of Statement issued by
Opposite Party No.1 showing the Final
Settlement of Provident Fund payable to the
Employees Retired under VRS 2002 Scheme.
Ex.A-17 Attested copy of Statement issued by
Opposite Party No.1 showing the particulars
of Cheque Books issued.
Ex.A-18 Dt.27/05/2014 Xerox copy of letter issued by Opposite
Party No.4 to Opposite Party No.1.
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EXHIBITS MARKED
For Opposite Party No.1:
Nil.
For Opposite Parties No.2 & 3:
Nil.
For Opposite Party No.4:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
