Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 232
Instituted on : 13.07.2020
Decided on : 19.03.2024
Dinesh Devi age 52 years, wife of Sh. Murari @ Murari Lal r/o village Ajaib Tehsil Meham District Rohtak.
……….………….Complainant.
Vs.
- Vaish College Rohtak through its Principal.
- Assistant Provident Fund Commissioner, Sector 3, near Senior Citizen Club Rohtak.
...........……Respondents/opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh. V.S.Singhal Advocate for the complainant.
Sh.MukeshParmar, Advocate for the opposite party No.1.
Sh.Pankaj Kaushik Advocate for opposite party No.2.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that the Gourav son of complainant was serving in Vaish College Rohtak and was expired on 13.10.2018 due to accidental heart attack. After the death of her son, the complainant became entitled to receive provident fund amount and other benefits but the opposite parties asked the complainant to bring succession certificate from the competent court. Accordingly the complainant applied for issuance of succession certificate in her favour and said petition was allowed by the Court of Sh. Ashish Kumar Sharma Addl. Civil Judge Rohtak vide judgment dated 06.09.2019 and a succession certificate was issued in favour of complainant on 29.10.2019 for an amount of Rs.105348/- to be paid by EPFO office Rohtak. After receiving original succession certificate the complainant requested the opposite parties to make the payment of said amount but the opposite parties refused to pay the amount to the complainant. Complainant requested the opposite parties to release the said amount but to no effect. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to release the amount of Rs.105348/- and other benefits to the complainant alongwith interest thereon@ 18% p.a. and also to pay Rs.50000/- as compensation on account of mental agony and harassment and litigation expenses to the complainant.
2. After registration of complaint,notices were issued to the opposite parties. Opposite party no.1 in its reply has submitted thatthe complainant had applied for succession certificate in her favour by the Court of Shri Ashish Kumar Sharma, ADJ, Senior Division, Rohtak vide judgment dated 06.09.2019 and the succession certificate was issued on 29.10.2019 for an amount of Rs.105348/-. The bare perusal to the said judgment with naked eyes goes to show that it has been observed by the Hon’ble Court that the petitioner is the only legal heirs of the deceased Gaurav and there is nothing on record which could show that there are other legal heirs expect her to inherit the estate left by the deceased. However, as a matter of fact the son of complainant namely Gaurav was married with one Priyanka @ Pinki d/o Sh. Naresh Jain, on 20.07.2018 and her husband i.e. son of complainant namely Gaurav had died on 13.10.2018. An affidavit was furnished by the said Priyanka to this aspect. Admittedly, she being the widow is the first class legal heirs and successor to the state of her deceased husband alongwith the complainant. But this very aspect had been concealed by the complainant while filing the succession certificate. The succession certificate has been got issued by the complainant by concealing this aspect of marriage of her son Gaurav with Priyanka and she being the legally wedded wife had also succeeded the estate of her deceased husband alongwith the present complainant. The complainant was directed to get the order of the Court rectified by disclosing the true facts of availability of the widow of his deceased son Gaurav namely Priyanka @ Pinki to which she had denied. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Opposite party no.2 in its reply has submitted that the payment of provident funds amount lying in the account of deceased member is to be made as per the provision of the para no.70 of EPF scheme, 1952. But neither the complainant nor the employer of the deceased member have filed any claim regarding the present matter before the opposite party. The claim can be considered only after receipt alongwith all relevant documents as per prevailing rules. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
4. Ld. counsel for complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and closed his evidence on dated 25.02.2022. Ld. Counsel for opposite party No.1 in his evidence has tenderedaffidavit Ex.RW1/A, document Ex.R1 and closed his evidence on 07.07.2023.Ld. Counsel for opposite party No.2 has tendered affidavit Ex.DW2/A and closed his evidence on 05.12.2022.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. As per the complainant the respondent no.1 has not processed or released the claim amount to the complainant. We have minutely perused the documents placed on record by both the patties. The succession certificate has been placed on record by the complainant to prove the fact that the complainant is a successor of deceased Gourav. The succession certificate has been issued by the court of Sh. Ashish Kumar,Additional Civil Judge, Senior Division Rohtak in petition no.20 of 2019, as per which complainant is entitled for Rs.105348/-alongwithpension and other benefitsupto date, which is placed on record as Ex.C2. As per this document complainant is beneficiary for different amounts mentioned in the succession certificate. On the other hand, respondent no.1 has made an objection that wife of the deceased is alive and she can demand the amount at any time and the complaint does not lie against the respondent no.1. However respondent no.1 itself has placed on record a photocopy of affidavit executed by Priyanka @ Pinki wife of Gourav d/o Naresh Jain. A bare perusal of this photocopy of affidavit shows that the deponent Priyanka has submitted in this affidavit that she has no concern or relation with the house of Gourav and has no concern with his moveable or immoveable property.
7. After perusal of succession certificate issued by the Court, it is observed that once an issue has been settled by the competent court of law then the respondent no.1 cannot raise the objection regarding the succession certificate. The succession certificate has already been issued by the Court in favour of the complainant. Hence the amount has been wrongly withheld by the opposite party No.1. As such opposite parties areliable to release the claim amount in favour of the complainant.
8. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to process and release the claim amount in favour of the complainant i.e. Rs.105348/- (Rupees one lac five thousand three hundred and forty eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 13.07.2020 till its realisation. It is made clear that the amount of Rs.105348/- and other benefits, if any, shall be paid by the opposite party No.2 and the interest awarded above shall be paid by opposite party No.1. Opposite party No.1 is further directed to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
19.03.2024.
........................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
……………………………….
Vijender Singh, Member
