Tamil Nadu

South Chennai

351/2009

K.Manickavelu - Complainant(s)

Versus

The Regional Commissioner,Employees Provident Fund Organisation - Opp.Party(s)

P.Paramasivdoss & K.Sathish

24 Apr 2019

ORDER

                                                                        Date of Filing  : 27.04.2009

                                                                          Date of Order : 24.04.2019

                                                                                  

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.351/2009

DATED THIS WEDNESDAY THE 24^TH DAY OF APRIL 2019

                                 

K. Manickavelu,

No.181/52, Kosamada Street,

Thiruvannamalai - 5.                                                      .. Complainant.                    

..Versus..

 

The Regional Commissioner,

Employees Provident Fund Organisation,

Regional Office,

No.37, Royapettah High Road,

Chennai – 600 014.                                                  ..  Opposite party.

 

Counsel for the complainant      : M/s. P. Paramasivadoss & another

Counsel for the opposite party  : M/s. S. Srinivasan & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 pray to pay a sum of Rs.51,643/- with interest at the rate of 18% p.a. from 31.08.2005 to till the date of realization and to pay a sum of Rs.49,500/- towards compensation for mental agony, loss, damage, loss, Trauma and pain with interest at the rate of 18% p.a. from 31.08.2005 to till the date of realization with an unconditional apology to the complainant with cost.

 

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

The complainant submits that he is a retired employee of Tamil Nadu Co-operative Marketing Federation Ltd. His Provident Fund Account number is TN 3310/1097.  The complainant was retired from service on 27.10.2004 under voluntary retirement scheme.  After his retirement, the opposite party has not settled the provident fund amount in time.  After repeated requests, demands and by letters, the opposite party sent letter under ref. TN/cash/ P.I. NO.1459/ Group 24 dated:07.06.2005 enclosing a cheque for a sum of Rs.3,62,282/- to the bank account of the complainant which was duly encashed.   The complainant submits that as per the calculation, enclosed with the complaint, the complainant is entitled to a sum of Rs.4,12,497/- including interest at the rate of 9.95% p.a.  Thereby, the opposite party has to pay arrears for a sum of Rs.51,643/-. The complainant sent several letters and the provident fund slip.  The opposite party has not come forward to settle the amount.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

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

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that immediately after retirement of the complainant, the opposite party took speedy steps and processed the application of the complainant and issued a cheque for a sum of Rs.3,62,282/- dated:24.07.2005 in favour of the complainant to his  Savings Bank Account in State Bank of India which is admitted.  Thereafter, after receiving letters after letters, the opposite party duly scrutinized and calculated the interest as per the Government Order at the rate of 8.5% and set at rest the provident fund account of the complainant on paying an additional sum of Rs.9,639/- & Rs.4,076/- respectively in favour of the complainant.  The complainant’s claim of Rs.51,643/- is imaginary and false.   The claim is made on the basis of interest at the rate of 9.5% p.a. which cannot be permitted as per the Government Order.  The opposite party states that the compensation claimed is imaginary.   Therefore, there is no deficiency in service on the part of the opposite party.  The opposite party has already settled the amount to the complainant.    Hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 & Ex.B2 are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.51,643/- towards provident fund with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled a sum of Rs.49,500/- towards compensation of mental agony, loss, damage, loss, trauma and pain with cost as prayed for?

5.      On point:-

The opposite party filed his written arguments.  The complainant has not filed any written arguments and not turned up to advance any oral arguments also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he is a retired employee of Tamil Nadu Co-operative Marketing Federation Ltd. His Provident Fund Account number is TN 3310/1097.  The complainant was retired from service on 27.10.2004 under voluntary retirement scheme.  After his retirement, the opposite party has not settled the provident fund amount in time.  After repeated requests and demands, vide letters from Ex.A1 to Ex.A8, the opposite party sent letter under ref. TN/cash/ P.I. NO.1459/ Group 24 dated:07.06.2005 enclosing a cheque for a sum of Rs.3,62,282/- to the bank account of the complainant which was duly encashed.  Further the contention of the complainant is that as per the calculation, enclosed with the complaint, the complainant is entitled to a sum of Rs.4,12,497/- including interest at the rate of 9.95% p.a.  Thereby, the opposite party is in arrears of Rs.51,643/-. The complainant sent several letters as per Ex.A1 to Ex.A8 and the provident fund slip.  The opposite party has not come forward to settle the amount.  Hence, the complainant is constrained to file this case.  But on a careful perusal of records, it is seen that the opposite party sent two cheques for a sum Rs.9,639/- & Rs.4,076/- respectively in favour of the complainant’s account was duly encashed.  Equally, the complainant made wrong calculation of interest at the rate of 9.5% p.a. which is also against the Government order.

6.     The learned Counsel for the opposite party would contend that immediately after retirement of the complainant, the opposite party took speedy steps and processed the application of the complainant and issued a cheque for a sum of Rs.3,62,282/- dated:24.07.2005 in favour of the complainant to his  Savings Bank Account in State Bank of India which is admitted.  Thereafter, after receiving letters after letters, the opposite party duly scrutinized and calculated the interest as per the Government Order at the rate of 8.5% and set at rest the provident fund account of the complainant on paying an additional sum of Rs.9,639/- & Rs.4,076/- respectively in favour of the complainant.  The complainant’s claim of Rs.51,643/- is imaginary and false.   The claim is made on the basis of interest at the rate of 9.5% p.a. which cannot be permitted as per the Government Order.  Further the contention of the opposite party is that the compensation claimed is imaginary.   There is no deficiency in service on the part of the opposite party.  The opposite party has settled the amount at the earliest point of time.  There shall be no hardship or mental agony to the complainant.  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 24^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	07.01.2005	Copy of  letter sent to the 1st opposite party by the complainant
Ex.A2	2004-2005	Copy of E.P.F. Slip
Ex.A3	29.01.2006	Copy of letter sent to the 1st opposite party by the complainant
Ex.A4	19.04.2006	Copy of letter sent to the 1st opposite party by the complainant
Ex.A5	17.06.2006	Copy of letter sent to the 1st opposite party by the complainant
Ex.A6	19.06.2006	Copy of letter sent to the 1st opposite party by the complainant
Ex.A7	01.03.2008	Copy of letter sent to the 1st opposite party by the complainant
Ex.A8	12.06.2008	Copy of letter sent to the 1st opposite party by the complainant

 

OPPOSITE PARTY SIDE DOCUMENTS:-

Ex.B1	06.08.2009	Copy of letter of the Provident fund Organisation, Chennai in Ref No.TN/3310/Group24/Accts/Regl/2009
Ex.B2	03.08.2009	Copy of work sheet by the Employees Provident Fund Organisation

 

 

MEMBER                                                                  PRESIDENT