DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Complaint Case No : CC/133/2019

Date of Institution : 06.09.2019

Date of Decision : 14.01.2020

Jagraj Singh son of Shri Bharpur Singh and Surinder Kaur wife of Shri Jagraj Singh, residents of Sant Uttar Dev Nagar, Barnala, Tehsil and District Barnala, Punjab.      …Complainants

Versus

Regional Provident Fund Commissioner, Regional Office, Bhavishya Nidhu Bhavan, Near TV Tower, Urban Estate, Phase-1, Bathinda-151001. …Opposite Party

Complaint Under the Consumer Protection Act.

Present: Sh. Gurwinder Singh counsel for the complainant.

Sh. Anuj Mohan counsel for the opposite party.

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

(ORDER BY KULJIT SINGH, PRESIDENT):

    The complainants namely Jagraj Singh and Surinder Kaur have filed the present complaint under the Consumer Protection Act (hereinafter referred as Act) against Regional Provident Fund Commissioner, Bathinda. (hereinafter referred as opposite party). 

2. The facts leading to the present complaint as stated by the complainants are that the son of the complainants namely Gurdeep Singh  was employed with Lotus Texpark Limited, Mansa Road, Dhaula, District Barnala who joined the said establishment on 1.6.2004 and during the period of his service the EPF was deducted by the said establishment vide PF Code No. PB/BTI/39812/247. 

3. It is further alleged that son of the complainants Gurdeep Singh expired on 28.6.2015 during his service with Lotus Texpark Limited and after his death the complainants applied for the pension claim of Gurdeep Singh. It is further alleged that at the time of application for pension claim, the complainants submitted all the requisite documents/forms alongwith Form 20 for disbursement of the Employee Provident Fund and Form-10 D for Pension under the Employee Pension Scheme 1995 with the department but till date the pension claim of the complainants has not been settled despite repeated requests of the complainants and also on filing the application of the employer of the son of the complainants vide letter No. LTL/HRSS/2019/98 dated 23.1.2019, which amounts to deficiency in service on the part of the opposite party. The complainants also got served legal notice dated 8.8.2019 upon the opposite party but to no effect. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party may be directed to settle and issue the pension claim of deceased Gurdeep Singh alongwith interest to the complainants bank Account No. 65237515917 of Jagraj Singh in State Bank of India, Main Branch, Barnala and bank Account No. 65241241303 of Surinder kaur in State Bank of India, Main Branch, Barnala. 

2) To pay Rs. 50,000/- as compensation for mental agony and inconvenience. 

3) To pay Rs. 10,000/- as litigation expenses.

4) Any other relief this Forum deems fit and proper. 

4. Upon notice of this complaint, the opposite party filed written version taking preliminary objections on the grounds of bad for non joinder of necessary parties as the complainants have not impleaded Kiran Kaur widow of deceased Gurdeep Singh and Lotus Texpark Limited employer of the deceased Gurdeep Singh. Further, complainants in this complaint have claimed the pension of their deceased son Gurdeep Singh whereas under the Employees Pension Scheme 1995 in Section 2 (vii) Family means wife in case of a male member of the Employees Pension Fund so the complainants are not covered under the Family under the Employees Pension Scheme 1995 so they are not entitled for any pension of deceased Gurdeep Singh. Further, it is submitted that Gurdeep Singh was married at the time of his death so as per provisions of EPF Scheme 1952 and Employees Pension Scheme 1995  spouse of the member has the first right to receive PF and pensionary benefits on the death of the Member and Gurdeep Singh was married with Kiran Kaur from 22.3.2015 and a certificate also issued in this regard, so complainants are not entitled for any PF or pensionary benefits of deceased Gurdeep Singh. Further, complainants have produced a copy of judgment dated 4.10.2018 whereby Surinder Kaur complainant had filed an application for issuance of Succession Certificate under the Hindu Succession Act in respect of Rs. 17,63,779/- being term insurance, gratuity and EDLI in the name of deceased Gurdeep Singh before Learned Additional Civil Judge (Senior Division), Barnala bearing Case No. 21 of 22.12.2015 in which Kiran Kaur wife of Late Gurdeep Singh has been impleaded as respondent No. 2 and she appeared in the said case. Further, the learned Court of Civil Judge (Senior Division), Barnala vide judgment dated 4.10.2018 ordered that Succession Certificate be issued in favour of the petitioner Surinder Kaur and respondent No. 2 Kiran Kaur to the extent of 1/2 share each, so complainants concealed material facts from this Forum. Further, the present complaint is not a consumer dispute and this Forum has got no jurisdiction to decide the present complaint.

5. On merits, it is submitted that Gurdeep Singh was employed with Lotus Texpark Limited, Dhaula and PF Account No. 39812/247 was allotted to him and provident fund in respect of the member was deducted up to June 2015. Further, as per office record claim form for pension benefits of deceased Gurdeep Singh has not been received. Even in the reply of notice vide letter No. 2365 dated 29.8.2019 it is mentioned that complainants have not submitted claim form with the opposite party. So, there is no deficiency in service on the part of the opposite party and lastly prayed for the dismissal of the present complaint with costs. 

6. In support of his complaint, the complainants tendered into evidence affidavit of Jagraj Singh Ex.C-1, copy of legal notice Ex.C-2, postal receipt Ex.C-3, copy of letter dated 23.1.2019 Ex.C-4, copy of letter dated 22.1.2019 Ex.C-5, copy of transfer claim form Ex.C-6, copy of death certificate of Gurdeep singh Ex.C-7, copy of joint photograph Ex.C-8, copy of order dated 4.10.2018 Ex.C-9, copy of passbook of Jagraj Singh Ex.C-10, copy of passbook of Surinder Kaur Ex.C-11, copy of PAN card of Jagraj Singh Ex.C-12, copy of voter card of Jagraj Singh Ex.C-13, copy of Pan Card of Surinder Kaur Ex.C-14, copy of Matriculation certificate of Gurdeep Singh Ex.C-15 and closed the evidence.

7. To rebut the case of the complainant, the opposite party tendered in evidence affidavit of AK Barik Ex.OP-1, copy of Anand Karaj Certificate Ex.OP-2, copy of reply to legal notice Ex.OP-3 and closed the evidence. 

8. We have heard learned counsel for the parties and have gone through the record. Written arguments also filed by the parties. 

9. It is an admitted fact between the parties that deceased Gurdeep Singh was employed with Lotus Texpark Limited Dhaula and member of provident Fund Scheme and his account number was 39812/247. It is also admitted by the opposite party that they have received the PF Contribution of the deceased Gurdeep Singh up to June 2015. 

10. The opposite party submitted in their written version that they have not received the Form 20 and 10 D of deceased Gurdeep Singh but from copy of letter dated 23.1.2019 Ex.C-4 written by Lotus Texpark Limited to the opposite party that have already sent the Form 20 and 10 D to the opposite party alongwith Succession Certificate, Original Death Certificate and all other relevant documents to the opposite party. Further, from copy of Transfer Claim Form Ex.C-6 it is also proved on the file that complainants already submitted the claim form with the opposite party so this objection of the opposite party in the present complaint has no force. 

11. Now the main question before us whether complainants are entitled for the EPF and pension benefits of decease Gurdeep Singh or not ?

12. We have perused the copy of the judgment of Learned Additional Civil Judge (Senior Division), Barnala dated 4.10.2018 in which the learned Court held that Succession Certificate be issued in favour of  Surinder Kaur who is complainant in the present complaint and mother of deceased Gurdeep Singh and Kiran Kaur who is widow of Late Gurdeep Singh to the extent of 1/2 share each qua Rs.17,27,377/- to be paid by Lotus Texpark Limited on account of death of Gurdeep Singh on furnishing separate indemnity bonds in the sum of Rs. 9,00,000/- each with one surety in the like amount. 

13. From copy of letter Ex.C-4 it is proved on the file copy of  Succession Certificate of complainant Surinder Kaur Ex.C-9 to the extent of 1/2 share already sent to the opposite party alongwith other claim forms and relevant documents in this regard but even then the opposite party failed to pay the amount to the complainant Surinder Kaur to the extent of her 1/2 share which is clear cut deficiency in service on the part of the opposite party.

14. In view of the above discussion, present complaint is partly allowed and the opposite party is directed to pay 1/2 share of the total amount of Employee Provident Fund of deceased Gurdeep Singh to the complainant Surinder Kaur being his mother as per Judgment of Learned Civil Judge (Senior Division), Barnala dated 4.10.2018. The opposite party is also directed to pay Rs. 5,000/- to the complainant Surinder Kaur as consolidated amount of compensation on account of mental tension, harassment and litigation expenses. Compliance of this order be made within the period of 30 days from the date of the receipt of the copy of this order, failing which the opposite party is directed to pay 1/2 share of the total amount of Employee Provident Fund of deceased Gurdeep Singh to the complainant Surinder Kaur as mentioned above alongwith interest at the rate of 8% per annum from the date of filing of present complaint till actual realization. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN FORUM:

  14th Day of January 2020

 

 

 

            (Kuljit Singh)

            President

 

            (Tejinder Singh Bhangu)

Member