Orissa

Cuttak

CC/47/2015

Bichitrananda Mohapatra - Complainant(s)

Versus

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

A K Samal

12 Apr 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.47/2015

1.          Bichitrananda Mohapatra.            

 

  1.       Manjulata Mohapatra

                           W/O:Bichitrnanda Mohapatra.

 

Both are residents of At/PO:Taratsasan,

Via:Asureswar,PS:Nemal,

Dist:Cuttack.                                                                              … Complainants.

 

                Vrs.

 

  1.        The Regional Provident Fund Commissioner,

Employees Provident Fund,Odisha Region,

Bhavishyanidhi Bhawan,Unit-9,

Janpath,Bhubaneswar,Dist:Khurda.

 

  1.        M/s. Pasupati Feeds,95C,New Industrial Estate,

PH-III,Jagatpur,At/PO/PS:Jagatpur,

Dist:Cuttack.

 

  1.        Area Enforcement Officer,

Employees Provident Fund,Cuttack Zonal Office,

At:Badambadi,PO:Arunodaya Market,

Town/Dist:Cuttack.                                                                       … Opp. Parties.

 

Present:              Sri Bichitra Nanda Tripathy,Presiding Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   17.04.2015

Date of Order: 12.04.2017.

 

For the complainant:    Sri A.K.Samal,Adv. & Associates.

For O.Ps(O.P.1 & 3) :    Sri S.N.Parida(Asst. F.P.Commissioner(Legal).

For the O.P No.2      :    Sri G.N.Mishra,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy,Member.

                The case is against deficiency in service on the part of O.Ps.

The complainants have filed this case in the capacity of dependant parents and also as legal heirs of their deceased son Late Sakti Prakash Mohapatra.

  1. Shortly the case is that Late Sakti Prakash Mohapatra died on 12.6.2011 in an accident while he was on duty and serving under O.P No.2.  The copy of such death certificate is annexed vide Annexure-1.  The deceased Sakti Prakash Mohapatra was a registered employee under EPF Act and his Provident Fund A/c. No. was OR/4969/396.  O.P No.2 has submitted claim forms relating to the pension payable to the legal heirs of the deceased to the O.P No.1 on 06.11.2013(Annexure-2). But O.P No.1 rejected such claim vide letter No.OR/BBS/102/Rejection/8663 dt.12.2.2014 on the ground that the complainants are not eligible to get pension since the deceased has served for less than 10 years and the contributions in respect to his EPF Account was not received up to his date of death.(Annexure-3).  On 19.03.2014 the complainants issued a letter to O.P No.1 to place their complaint in the Lok-Adalat (Annexure-4).  But it yielded no result.  The complainants again applied certain information under RTI Act and got a reply from O.P No.1 along with the copy of note sheet of the Accounts Officer dt.6.5.2014 wherein the claimant was advised to resubmit the claim again. (Annexure-5).  The complainant again resubmitted the claim to O.P No.2 on 7.0.2014. (Annexre-6).  But no action was taken on such claim and all efforts made by the claimants yielded no result. For such inaction of the O.Ps, the complainant is undergoing through tremendous harassment and severe mental agony and finding no other way, he took shelter of this Hon’ble Court.  He has prayed to direct O.P No.1 to initiate early steps as required for release of pensionary benefits and other financial benefits including payment of insurance fund amount to the complainant.  He has also prayed to direct the O.ps to pay a sum of Rs,50,000/- towards financial loss, mental agony and harassment and the complaint petition to be allowed with cost.
  2. O.P No.1 & 3 vide their written submission dt.8.9.2016 has intimated that Late Sakti Prakash Mohapatra was working with M/s. Pasupati Feeds (O.P No.2) having P.F. A/c No.OR/4969/396 and died on 12.06.2011 while he was serving under O.P No.2.  Sri Bichitrananda Mohapatra(father of the deceased) submitted the claim application in F. No.10-D for sanction of dependant parent pension on 29.01.2014 in the office of the O.P No.1.  The said claim application was returned since the P.F and Pension contribution in respect of Late Sakti Prakash Mohapatra up to the death of the member i.e. 12.01.2011 was not received by O.P No.1.  The claim form was again resubmitted on 28.05.2015.  O.P No.1 deputed one Enforcement Officer vide letter dt.8.5.2015 to verify whether Late Sakti Prakash Mohapatra has died while serving under O.P No.2.  The said Enforcement Officer after visiting the office of O.P No.2 and after making necessary  verification of records  submitted his report vide letter dt.22.5.2015 and confirmed that Late Sakti Prakash Mohapatra died on 12.06.2011 while in service with O.P No.2.  O.P No.2 has also paid a sum of Rs.1,50,000/- as a lump sum payment to the legal heir (elder brother) as a sympathetic consideration.  As per para- 16(5)(aa) of E.P.F Sceme,1995, the dependant parents are also eligible to get pension(dependant parent pension) if a member dies leaving behind no spouse or eligible child falling within the definition of family and no nomination by such deceased member exists.  However, in this case the complainant Sri Bichitrananda Mohapatra, father is required to submit copy of following documents for sanction of dependant parent’s pension. (a) copy of death certificate.(b) Copy of legal heir certificate.(c) copy of 1st page of Bank Pass book in the name of Sri Biochitrananda Mohapatra and Smt. Manjulata Mohapatra duly attested by Ex-employer in support of Bank account No. and IFSC code of the Bank and address of Branch.  O.P No.1 & 3 have further intimated that as regards payment of Employees Deposit Linked Insurance (EDLI) the complainant Sri Bichitrananda Mohapaptra is also required to submit the claim in F No.5(IF) which has already been send to him and called for vide their office letter No.OR/BBS/PF/A/cs.II/4969/396/3512 dt,3.8.2016 duly attested by the ex-employer of Late Sakti Prakash Mohapatra.  O.Ps 1 & 3 have also prayed this Hon’ble Forum to direct the complainant to submit the above required documents to O.P Nol1 at the earliest for finalizing such payments soon.
  3. OP No.2 vide their written version dt.18.10.2016 has intimated that the contribution (towards EPF) for all the employees including the deceased till June,2011 has been deposited with EPFO(O.P No.1).  On 12.6.2011 the deceased was on duty of the employer as per the nature of his job and met an accident and passed away.  A sum of Rs.1,50,000/- has been paid by the employer to the claimants vide cheque No.557172 dt.17.6.2011 on humanitarian and compassionate ground.
  4. We have gone through the case carefully, perused the documents minutely as filed by the complainant and as well as by the O.ps, heard the learned advocates from all the sides at length and observed that Late Sakti Prakash Mohapatra was working with O.P No.2 and passed away due to an accident on 12.6.201 while on duty.  He was having P.F Account No.OR/4969/396.  O.P No.2 has paid a sum of Rs.1,50,000/- to the claimants on 17.6.2011 on compassionate ground.  The complainants have submitted claim forms for sanction of dependant parent pension on 29.01.2014 and the said claim application was returned since the P.F contribution in respect of Late Sakti Prakash Mohapatra was not paid by O.P No.2 till date of death i.e.11.6.2011.  It is also learnt that O.P No.2 has deposited such P.F contribution of the deceased till June,2011 with O.P No.1 in the meantime.  O.P No.1 has conducted required enquiry on the matter through O.P No.3.  It is also learnt from the written version of O.P No.1 & 3  vide their letter dt.10.07.16 that dependant parents are eligible to get pension(dependant parent pension) if a member dies leaving behind no spouse or eligible child falling within the definition of family and no nomination by such deceased member exists.  In the present case, Sri Bichitrananda Mohapatra, father is required to submit the following documents for sanction of dependant parent pension.

a) Copy of death certificate.

b) Copy of legal heir certificate.

c) Copy of 1st page of Bank pass book opened in the name of Sri Bichitananda Mohaptra and Smt. Manjulata Mohapatra duly attested by ex-employer in support of Bank A/c. No.IFSC code of the Bank and address of Branch.

It is also learnt from the said written version of O.P No.1 & 3 regarding payment of employees Deposit linked Insurance (EDLI) benefits that the complainant Sri Bichitrananda Mohapatra is required to submit claim in F. No.5(IF) which has already been sent to him and called for vide their office letter No. OR/BBS/PF/A/cs.II/4969/396/3512 dt.3.8.2016.

  1. Basing on the facts and circumstances as stated above and to meet the ends of justice, O.P No.2 is directed to co-operate with the complainants regarding submission of required documents before O.P No.1 such as Death certificate of Late Sakti Prakash Mohapatra, legal heir certificate of Late Late Sakti Prakash Mohapatra and 1st page of Bank pass book of Sri Bichitrananda Mohapatra and Smt. Manjulata Mohapatra’s Bank Account duly attested by ex-employer i.e. O.P No.2 for sanction of monthly pension by O.P No.1.  Further O.P No.2 is also directed to cooperate with the claimants regarding filling of employer portion of F. No.5(KIF) relating to payment of EDLI benefits to the complainants.  O.P No.2 is also directed to complete all such above noted formalities within a period of 30 days from the date of receipt of this order.  After completion of such documents/form the complainant shall submit the same with O.P No.1 under acknowledgement.  O.P No.1 is also directed to do the needful regarding sanction of dependant parent pension as well as EDLI benefits within a further period of 30 days from the

 

date of receipt of such forms from the complainant, failing which the complainants are at liberty to take shelter of this Hon’ble Forum again as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 12th day of April,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                         Member.

                                                                                             (Smt. Sarmistha Nath) 

                                                                                             Member(W).

 

 

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