This complaint coming up before us for final hearing on                      14-05-10 in the presence of Sri J.Nageswara Rao, Advocate for complainant and in the presence of opposite party, upon perusing the material on record, hearing both sides and having stood over till this day for consideration, this Forum made the following:

O R D E R

Per Sri M.V.L.Radha Krishna Murthy, Member:

                This complaint is filed under section 12 of Consumer Protection Act, 1986 by the complainant praying to direct the opposite party to pay a sum of Rs.26,500/- or such amount which is lying as a capital in the PF account No.AP 5901/79 together with interest accrued thereon, for a compensation of Rs.5000/- towards mental agony and for costs.

The averments of complaint in brief are as follows:

                The father of complainant Kolagani Peda Ramulu worked in a private establishment and was a member of PF account bearing No.AP 5901/79.  During his life time, the deceased Kolagani Peda Ramulu had the capital in his account.  While things stood thus he died intestate on 07-12-07 leaving behind his only son who is complainant herein as his legal heir.  Since the wife of deceased was pre-deceased, subsequent to death of his father, the complainant made an application on 30-04-08 to opposite party for settlement of claim duly enclosing copy of death certificate of his father and death certificate of his mother Subbamma, copy of family member certificate, proper person certificate issued by Tahsildar, copy of pension book, copy of voter card for identification and copy of passbook.  The opposite party has received the same but did not settle the claim nor give any reply.  Thereupon, the complainant got issued a registered notice demanding settlement of claim.  Thus there is deficiency of service on the part of opposite party, since the claim was not settled inspite of issuance of registered notice.  Hence, the complaint.    

                The opposite party has filed its counter affidavit. The averments in brief are as follows:

                The allegations made in the complaint in respect of opposite party except those that specifically admitted are denied.  The complainant is put to strict proof of the same.  The cause of action has arisen on 07-12-07 when the father of complainant died.  The complaint was filed after a gap of more than two years.  Hence, the complaint is barred by limitation under CP Act.  This opposite party informed the complainant vide letter dt.20-11-08 to submit succession certificate for sanction of return of capital amount in response to his letter dt.30-04-08.  The deceased nominated his wife Subbamma for taking return of capital amount in case of his death.  But as per the information submitted by complainant, the wife of deceased member was pre-deceased on 30-11-05 i.e., before the death of deceased member.  But the deceased member has not informed the said fact to opposite party.  There is no fresh nomination received from deceased member.  As such the opposite party requested the complainant to submit succession certificate from court of law so as to sanction return of capital amount of Rs.26,500/- standing at the credit of deceased member account MPPO No.657.  But without doing so, the complainant got issued registered notice to opposite party.  In response to said registered notice opposite party has informed the complainant under letter dt.20-11-09 to submit certain documents in order to settle the claim.  As per provisions of manual of opposite party’s office where there is no proper nomination or where the nominee pre-deceased and fresh nomination is executed, succession certificate issued by court of law is mandatory.  But in the instant case, the opposite party has taken a lenient view and requested the complainant to submit certain documents to process claim.  But without submitting the same, complainant has approached this Forum. Hence, the complaint may be dismissed with a direction to complainant to submit required documents.  The complainant has quoted the MPPO number as 667 instead of 657 as such it led to take time in tracing correct number/ concerned file.  Hence, the complaint may be dismissed.

                The complainant filed affidavit in support of his complaint reiterating the same.  On behalf of complainant Ex.A1 to A8 are marked. On behalf of opposite party Ex.B1 to B5 are marked.

                Ex.A1 is the copy of death certificate of father of complainant.  Ex.A2 is the copy of death certificate of mother of complainant Kolagani Subbamma.  Ex.A3 is the copy of identity card of complainant.  Ex.A4 is the copy of next proper person certificate issued by Tahsildar.  Ex.A5 is the copy of family member certificate issued by Tahsildar.  Ex.A6 is the letter dt.30-04-08 addressed by complainant to opposite party.  Ex.A7 is the registered notice              dt.08-09-09 got issued by complainant. Ex.A8 is the postal acknowledgement.

                Ex.B1 is the copy of letter dt.28-11-08 addressed by opposite party to complainant requiring the complainant to submit succession certificate.  Ex.B2 is the copy of letter dt.30-03-08 by complainant to opposite party.  Ex.B3 is the copy of form 10D submitted by deceased Kolagani Peda Ramulu.  Ex.B4 is the registered notice dt.08-09-09 got issued by complainant to opposite party.  Ex.B5 is the reply letter dt.20-11-09 issued by opposite party to complainant.

Now the points for consideration are that

1. Whether the complaint is time barred?
2. Whether there is any deficiency of service on the part of opposite party?
3. To what relief the complainant is entitled to?

POINTS 1 to 3

                It is the case of complainant that his father worked in a private establishment and was a member of PF account bearing No.AP 5901/79, that as his mother pre-deceased he claimed the amount lying as capital in PF account of his father and submitted all required documents but inspite of same the opposite party has not settled the claim.

                It is the case of opposite party that the complaint filed by complainant before this Forum is barred by time that as the father of complainant nominated his mother and as his mother pre-deceased his father, they required the complainant to submit succession certificate.  But the complainant instead of submitting the same got issued registered notice and that subsequently, they have taken lenient view regarding submission of succession certificate by complainant and requested the complainant to submit certain documents in order to settle the claim.  But the complainant has not submitted the same.  Hence, they could not settle the claim.

                Further it is the case of opposite party that complainant quoted MPPO number of his father 667 instead of 657 and as such there is delay in sending reply to complainant.

                As seen from Ex.A6 letter dt.30-04-08 addressed by complainant to opposite party, he has submitted all the required documents i.e., copy of death certificate of his father, copy of death certificate of his mother, copy of family member/proper person certificate obtained from Tahsildar, copy of pension book, copy of voter identity card, copy of by The weDownload Manager">bank passbook.  A letter was addressed by complainant on 30-04-08 submitting said documents.  The father of complainant died on 07-12-07.  The complainant made claim under Ex.A6 on 30-04-08 and subsequently complainant got issued legal notice on 08-09-09 under Ex.A7 and the complaint was filed before this Forum on 23-11-09.  Therefore, the cause of action herein is a continuous one and the complaint is filed within time.

                As already stated above, the complainant has submitted certain documents along with his claim under Ex.A6. Inspite of submission of required documents under Ex.A6, the opposite party has not settled the claim and instead of settling claim, opposite party addressed a letter dt.28-11-08 under Ex.B1 requiring complainant to submit succession certificate.  Further subsequent to issuance of registered notice by complainant under Ex.B4, the opposite party has addressed a letter dt.20-11-09 under Ex.B5 requiring him to submit original death certificates of his father and mother, three photos of complainant, two descriptive moles of complainant, legal heir certificate issued by Revenue Authorities and bank account copy of complainant.  Copy of death certificates of his father and mother, legal heir certificate and bank account copy of complainant were already submitted by complainant under Ex.A6 to opposite party.  Inspite of same, opposite party addressed a letter under Ex.B5 requiring complainant to submit said documents which were already submitted and further added to the said certificates, the opposite party required the complainant to submit three photographs and two descriptive moles of complainant.  Further it was contended by opposite party that the complainant has not submitted required documents.  Hence, the claim was not settled.  At the first instance, the opposite party required the complainant to submit succession certificate stating that it is a mandatory.  Subsequent to issuance of registered notice, the opposite party has not asked for said succession certificate and required to submit the documents mentioned in Ex.B5.  Further it was contended by opposite party that in the instant case they have taken lenient view regarding submission of succession certificate by complainant and required the complainant to submit certain documents mentioned in Ex.B5.  If the succession certificate is mandatory as averred and required by opposite party at the first instance, why the opposite party has taken lenient view and required the complainant to submit some other documents mentioned in Ex.B5 that too mentioning already submitted documents by complainant.  All this clearly shows that there is negligence on the part of opposite party in settling the claim of complainant and throwing blame on him stating that he has not submitted documents in order to settle the claim.

                In view of facts and circumstances of case, we find that there is deficiency of service on the part of opposite party in settling the claim of complainant. However, the complainant has to submit his three photographs duly attested and also submit two descriptive roles duly attested as required by opposite party in Ex.B5 letter.  Therefore, we observe that the complainant has to submit the above said photographs and descriptive roles as required by opposite party in order to settle the claim.  Therefore, we dispose of the complaint with the following terms:

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite party is hereby directed to pay an amount of Rs.26,500/- lying as capital in the PF account number AP 5901/79 MPPO No.657 together with interest accrued thereon to the complainant within six weeks soon after submission of three photographs and two depreciative roles as required by opposite party.
2. In the circumstances of case, each party shall bear their own costs.
3. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of copy of this order, failing which they shall carry interest @ 9% p.a. till the date of realization.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 27^th day of May, 2010.

         Sd/- x x x                       Sd/- x x x                        Sd/- x x x

          MEMBER                                  MEMBER                        PRESIDENT

   APPENDIX OF EVIDENCE

No oral evidence is adduced on either side

                                        DOCUMENTS MARKED

For Complainants:

For opposite party:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

                                                                                         Sd/- x x x                                                                                                 PRESIDENT