This C.C. came before us for hearing in the presence of Sri Tellakula Ravi Kiran, Advocate for complainant and of Government Pleader for opposite party; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt.V.Vijaya Rekha, Member)
This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts as mentioned in the complaint are that the complainant is a retired employee, worked as a teacher, retired from the service on 28-02-2010 on super-annuation and having G.P.F. A/c bearing No.5678. After retirement, submitted the application dated 11-03-2010 for payment of G.P.F amount, lying to the credit of G.P.F. A/c together with accrued interest thereon and further submitted that after lapse of reasonable period, her application remained un-disposable. So that the complainant made an application dt.08-07-2010 under R.T.I. Act by seeking progress of her file for payment of G.P.F. amount, which was lying. In response to the said application, the authorities concerned, furnished some information on 10-08-2010. On receipt of said information, the complainant knows, that her application not processed during the period from 10-05-2010 to 14-06-2010 and again from 23-06-2010 to 26-07-2010. The complainant also mentioned that on 26-7-2010, the D.D. for Rs.5,70,250/- was sent to the complainant, which is the principle amount and accrued interest thereon till the date of retirement but could not pay the interest @8% as per G.P.F rules since the date of retirement i.e. from 28-02-2010 till the date of payment i.e. 26-07-2010, which comes to Rs.19,033/- and as such the complainant submitted an application dated 19-08-2010 by requesting to pay the interest for the above said period and made many rounds on his grievance and due to ignorance and irresponsible attitude of opposite party approached this Forum by praying to direct the opposite party to pay an amount of Rs.19,033/- towards interest @8% on G.P.F. contribution from 28-02-2010 to 26-07-2010 together with @12% interest p.a. on Rs.19,033/- from the date of complaint till the date of realization and Rs.5000/- towards damages and costs.
2. Along with the complaint, the complainant filed her affidavit along with the following documents, which were marked as Exhibits A1 to A4..
Ex.A1:- Letter dated10-08-2010 from the Office of Z.P.P.
Ex.A2:- Letter dated 19-08-2010 addressed to the C.E.O. by the complainant
Ex.A3:- Letter dated 08-07-2010 addressed to the C.E.O.
Ex.A4:- Letter dated 26-07-2010 issued by the Superintendent, G.P.F., Z.P., Khammam.
Ex.A5:- Photocopy of cheque for Rs.5,70,250/-
3. After receipt of notice, the opposite party appeared through its counsel and filed counter by denying the averments as mentioned in the complaint.
4. In the counter, the opposite party mentioned that the complainant submitted an application for G.P.F amount and the opposite party received the same on 11-03-2010. The application was returned on 26-03-2010 for want of necessary certificates in 3 sets, the same was forwarded to the opposite party by the Head Master, concerned on 29-03-2010 along with no Dues certificate, no Allegation Certificate, no Audit Objection Certificate, un-claimed certificate and no charges pending certificate in 3 sets. Then the file was sent for audit verification and it was returned back on 04-05-2010. After close verification, it was found that the recovery schedule was not correct, which was informed to the complainant on 08-06-2010, on the same day, the complainant furnished required schedules, then the file was re-submitted on 09-06-2010. On 23-06-2010, the file was sent to Accounts Officer (LF) and after that, the bill was received by them on 13-07-2010 for Rs.5,70,250/-. The payment has been made on 27-07-2010 through D.D. for Rs.5,70,250/-. The opposite party further submitted that as per circular memo No.018436/905/pen.II/86, dt.31-12-1998, issued by the Finance & Planning Department, the recovery ought to have stopped before 4 months of service but in the present case, stopped from the month of October 2009 and as such the amounts were sent to Accounts Officer, Z.P.P., Khammam on 11-02-2010 and on 17-02-2010. The application submitted for final payment was on 11-03-2010 with many lapses and as such the interest @8% as claimed by the complainant is against the Provident Fund rules and as such there is no entitlement for Rs.19,033/- and there is no deficiency on its part and prayed to dismiss the complaint with costs.
5. In support of their respective averments, the complainant and the opposite party filed written arguments with almost all the same averments as mentioned in the complaint and counter. Along with the written arguments, the opposite party filed the following photocopies of documents, which were marked as Exhibits.
Ex.B1:- Letter dated 05-03-2010 addressed by the H.M., Manuguru to the
C.E.O. of opposite party.
Ex.B2:- Relevant rules of Provident Fund Mannual.
Ex.B3:- Information regarding the process of file of the complainant, issued by
the F.A.C., Z.P.P., Khammam.(2pages)
Ex.B4:- Letter dated 09-07-2010, issued by D.A.O., Khammam.
Ex.B5:- Record pertaining to the complainant (5 Pages).
6. In view of the above submissions, now the point that arose for consideration is,
Whether the complainant is entitled to the relief
as prayed for?
Point:-
As seen from the above averments, it is the contention of the complainant that she is entitled for interest @8% on the amount of Rs.5,70,250/- for five months for the delay caused in handing over the amount to her. On the other side, the opposite party contended that the delay caused was not due to its negligence, but due to some technical reasons that went on during the process and as per them there is no delay occurred and they handed over the D.D. within stipulated period.
The documents filed and the record shows that the application submitted by the complainant on 11-03-2010 was not in full fledged manner and as such the application was returned for want of no due certificate, no allegation certificate, no audit objection certificate, un-claimed certificate and no charges pending certificate, all in 3 sets. After furnishing of said certificates on 29-03-2010, the file was sent for audit verification and it was returned from the audit department on 04-05-2010. On close verification, it was found that the recovery schedule was not correct and it was informed to the complainant on 08-06-2010 and on 09-06-2010 the file was resubmitted by the complainant and the same was submitted to A.O., Local fund, on 23-06-2010 and finally the D.D. was handed over to the complainant on 27-07-2010. The opposite party received the bill from A.O.,(LF) on 13-07-2010 and they issued the D.D. on 27-07-2010 i.e. within the stipulated period of three months.
In view of the above discussions and in the absence of any proof regarding the negligence of the opposite party, the contention of the complainant that the delay was caused due to the negligence of opposite party can not weigh no merit and as such the point is answered accordingly against the complainant.
7. In the result, the complaint is dismissed. No cots.
Typed to my dictation, corrected by me and pronounced by us, in this Forum on this 26th day of February, 2013.
FAC President Member
District Consumer Forum, Khammam
APPENDIX OF EVIDENCE
Witnesses examined for complainant and opposite parties: -None-
Exhibits marked for complainant:-
Ex.A1:- Letter dated10-08-2010 from the Office of Z.P.P.
Ex.A2:- Letter dated 19-08-2010 addressed to the C.E.O. by the complainant
Ex.A3:- Letter dated 08-07-2010 addressed to the C.E.O.
Ex.A4:- Letter dated 26-07-2010 issued by the Superintendent, G.P.F., Z.P., Khammam.
Ex.A5:- Photocopy of cheque for Rs.5,70,250/-
Exhibits marked for opposite parties:- Nil -
Ex.B1:- Letter dated 05-03-2010 addressed by the H.M., Manuguru to the
C.E.O. of opposite party.
Ex.B2:- Relevant rules of Provident Fund Mannual.
Ex.B3:- Information regarding the process of file of the complainant, issued by
the F.A.C., Z.P.P., Khammam.(2pages)
Ex.B4:- Letter dated 09-07-2010, issued by D.A.O., Khammam.
Ex.B5:- Record pertaining to the complainant (5 Pages
FAC President Member
District Consumer Forum, Khammam
