Complaint filed on: 05-07-2013
Disposed on: 05-05-2014
BEFORE THE BENGALURU IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BENGALURU URBAN DISTRICT, NO.8, 7TH FLOOR, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BENGALURU – 560 052
C.C.No.1264/2013
DATED THIS THE 5th MAY 2014
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SRI.H.JANARDHANA, MEMBER
Complainant: -
Ratnakar Pawar,
# 363/73, KHB 2nd stage,
2nd Main Road,
Basaveshwaranagar,
Bangalore-79
V/s
Opposite parties:-
1. Regional Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional office, Annapoorneshwari complex, Survey no.37/1, 6th main Singasandra, Hosur main road, Bangalore-68
2. Asst. Provident Fund Commissioner, Employees Provident fund organization, Sub regional office, Annapoorneshwari complex, Survey no.37/1, 6th main Singasandra, Hosur main road, Bangalore-68
3. Asst. Provident Fund Commissioner, Employees Provident Fund Organization, Sub regional office, Bhavishya Nidhi Bhavan, No.109/128, 2nd stage, Gayathripuram, Mysore-19
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the Ops no.1 to 3, under section 12 of the Consumer Protection Act, 1986, praying to pass an order, directing the Ops no.1 to 3 to pay Rs.1,01,804=00 being non transfer and payment of PF accumulations of PF No. KA/2665/62 including interest and to pay Rs.47,246=00 being non transfer and payment of PF accumulations in respect of PF account no.KN/10321/128 including interest and penal interest and award damages and cost of litigation, in the interest of justice and equity.
2. The brief facts of the complaint can be stated as under.
The complainant was appointed in Karnataka Dairy Development Corporation Ltd (KDDC) Bangalore in the year 1978 as per order no. KDDC/REC. Accts/EST-630/77 dated 27-12-1977 and posted for duty at Kudige Dairy, Kudige, Coorg District a unit of KDDC now KMF Bangalore, and complainant worked Kudige Dairy, Kudige from 11-1-1978 to 24-9-1979 and allotted provident fund account bearing no.KN/2665/62 which showed PF accumulations Rs.1,439=00 at Kudige Dairy, Kudige till transfer. The service of complainant were transferred to KDDC, central office, Bangalore as per the order dated 16-8-1979 and reported KDDC central office, Bangalore on 3-10-1979. KDDC Bangalore office allotted PF account No. KN/6787/142 thereafter the complainant submitted form 13A (Revised) through employer for transfer of PF accumulations from PF No. KA/2665/62 to present account no.KN/6787/142 on 11-1-1980 for onward transmission to PF department, Bangalore. During his transferable service in the state of Karnataka the complainant used to follow up transfer of PF accumulation as mentioned above. The complainant sent reminder letter to Regional Provident Fund Commissioner, Bangalore in the matter dated 29-12-1995, 8-11-1997, 15-4-1997, 27-1-2004, 26-4-2004, 2-6-2004, 12-10-2004 and 31-12-2004. When the PF accumulation did not reflect in the form 23 issued by the PF department, Bangalore the complainant approached PF Adalat on 6-9-2005. PF Adalat Bangalore in their letter dated 23-12-2005 intimated that PF accumulation is in unclaimed deposit account at PF Sub regional office, Mysore. Whereas Asst. PF Commissioner, Mysore vide letter dated 1-4-2008 intimated that the PF accumulation in no. KA/2665/62 is already transferred during June 1980 and also it is reiterated again in the letter dated 28-8-2008. However, as requested form 13 once again submitted for the purpose. It clearly shows that till 23-12-2005 PF accumulation transfer did not effect to his account by Bangalore PF office. Till 1987-88 in the complainant’s PF account no. KA/6787/142 transfer did not affect. Therefore he continued sending reminders to Regional and Assistant Provident Fund Commissioners, Bangalore. As per request of Regional Provident Fund Commissioner, Bangalore his registered letter dated 25-9-2010 addressed to Asst. Provident Fund Commissioner, Bangalore was sent and copy endorsed to Regional Provident Fund Commissioner, Bangalore he forwarded form 23 member’s PF 3A contribution card of 1978-79 Rs.1439-00 and related correspondences. Since the complainant could not receive any reply till 24-1-2011 reminded again 25-1-2011 intimating of his retirement and intimated to transfer accumulation in the present PF account no.KN/6787/552, if not done, then it may be transferred to KN/1032/161. Form 19 submitted for settlement of PF accumulation on 23-11-2011 with a letter dated 23-11-2011 wherein the complainant intimated the non-transfer and payment of his PF accumulation in no. KA/2665/62 Rs.1439=00 and with the existing PF interest year wise that is from 1978-79 till retirement on 31-1-2011 works out to Rs.33,606=00 and further period of interest claim that is 2011-12 Rs.3,193=00 for 2012-13 Rs.3496=00, 2013-14 Rs.3828=00 which works out to total of Rs.44,123=00 addition to this with penal interest amounting to Rs.57,681=00 the grand total of claim comes to Rs.1,01,804=00. There is also non transfer of PF accumulation though required information submitted and reminded thereafter in the matter of PF No.KN/10321/128 to KN/10321/161 from the year 2008-2009 which is claimed at prevailing PF interest rate till 31-1-2011 Rs.33,629=00 and penal interest there on Rs.13671=00 claimed for the period form 2008-09 to 2013-14. The total claim would be Rs.47,246=00 of PF account no.KN/10321/128 which needs to be transferred to PF account No.KN/10321/161 which was holding the said account till the date of retirement. Therefore, the entire non transfer of PF accumulation with interest of PF account no.KN/2665/62 is Rs.1,01,804=00 and of PF No.KA/1032/128 Rs.47,246=00 both together the claimed amount is Rs.1,49,050=00. For damages, mental torture, harassment, sufferings and deficiency in service claimed Rs.1.5 lakhs as damages. The total amount claimed including damages is Rs.2,99,050=00 of both PF account number namely KN/2665/62 and KN/10321/128. Hence, the present complaint is filed.
3. After service of the notice, the Ops no.1 to 3 have appeared before the forum through their counsel and filed version, contending as under:
The complaint of complainant is not maintainable, so the complaint deserves to be dismissed. The complainant is an employee of Karnataka Diary Development Corporation Ltd presently carrying out business under the name of M/s. Karnataka Milk Federation, Dairy Circle, Bannerghatta Road, Bangalore. The complainant was enrolled as member of Employees Provident fund with effect from 31-5-1978 and code number KN/2665/63 was allotted to him. The complainant worked for the years 1978 to 1980 at Mysore unit of the establishment and the contributions was remitted to the fund under the code no.KN/2665/63. Consequent to transfer of complainant from Mysore unit to Bangalore during the year 1980 the PF accumulations lying in the account no.KN/2665/63 has been transferred to KN/6787/142. The complainant has stressed for transfer of PF accumulations from KN/2665/62 to KN/6787/142 by furnishing wrong account number instead of KN/2665/63. The correct account number of the complainant is KN/2665/63 and basing on the records the OP transferred the accumulation to KN/6787/142. The account no.KN/2665/62 was allotted to Sri.Lingaraju. The complainant was never allotted the said number. The PF accumulations from account No.KN/6787/142 has been transferred to KN/6787/552 on 28-2-1982 and the form no.9 reflects the same. The complainant relying on incorrect account number has entered into protracted correspondence and presumed that PF accumulations have to be transferred from KN/2665/62 to KN/6787/142 is not effected till date. On the other hand, it is evident from the basic records produced herewith that the provident accumulation lying in KN/2665/63 has been transferred to KN/6787/142 which was also taken into account while settling the PF account of the complainant. During the tenure of employment of the complainant he has been allotted different code numbers. Owing to change in work place and on each occasion the complainant is required to apply for transfer of PF accumulations from his previous account to present account through his employer. The OPs have taken into account the PF accumulation credited in these different account numbers while settling the account except in respect of KN/10321/128. The complainant ought to have applied for transfer in form 13 from KN/6787/552 to KN/10321/128 instead he has applied for transfer from KN/6787/552 to KN/10321/161 directly and the transfer has been effected. If the complainant had sought for transfer from KN/6787/552 to KN/10321/128 instead of KN/10321/161 the entire amount would have been paid to him at the time of settlement. No response was received from the employer and also the complainant has failed to apply in form 13 for transfer of PF accumulations from KN/10321/128 to KN/10321/161 and instead has hastily moved this forum. The amount has not been transferred to due to lapse on the part of the complainant for which the OPs cannot be blamed. The PF accumulations to the tune of Rs.6,38,074/- has been released to the complainant consequent to his retirement from the service on 17-1-2012 by taking into all the PF accumulations vested in different account numbers of the complainant. So there is no deficiency in service on the part of the OPs. Hence it is prayed to direct the complainant for submission for Form 13 (for transfer) form 19 for settlement of PF account to the office of OPs.
4. So from the averments of the complaint of complainant and version of the OPs the following points arise for our consideration.
1. Whether the complainant proves that, the OPs are negligent and there is deficiency of service on the part of the OPs, in not making settlement of his PF claim as stated in the complaint?
2. If point no.1 is answered in the affirmative, what relief, the complainant is entitled to?
3. What order?
5. Our findings on the above points are;
Point no.1: In the Negative
Point no.2: In view of the negative findings on the
Point no.1, the complainant is not entitled to any relief as prayed in the complaint
Point no.3: For the following order
REASONS
6. So as to prove the case, the complainant has filed his affidavit by way of evidence and produced 31 documents along with the complaint and produced documents along with affidavit which are marked as annexure P1 to P14. On the other hand, one M.V.Vishnuprasad, the Assistant Provident Fund commissioner (Legal/Link officer) who being the 2nd OP has filed his affidavit on behalf of the Ops and produced documents which are marked as annexure R1 to R8. We have heard the arguments of both parties and we have gone through the oral and documentary evidence of both sides in between lines.
7. One Ratnakar, who being the complainant has stated in his affidavit that, he was appointed in Karnataka Dairy Development Corporation Ltd (KDDC) Bangalore in the year 1978 and worked at Kudige Dairy, Kudige a unit of KDDC from 11-1-1978 to 24-9-1979 and he was allotted provident fund account bearing no.KN/2665/62 and his provident fund was recovered from his salary every month and remitted to the PF department for the period from 11-1-1978 to 24-9-1979 and the amount so accumulated is Rs.1,439=00 as submitted in Form-3. His services were transferred to KDDC, central office, Bangalore and reported KDDC central office, Bangalore on 3-10-1979 and PF account number allotted in KDDC, Bangalore is KN/6787/142 and recovery of PF from the salary were remitted in the said account to the PF department Bangalore. He requested his present employer-KDDC, Bangalore to get transfer of PF accumulation in KN/2665/62 of Kudige dairy, Kudige to present PF account no.KN/6787/142 and submitted form -13A (Revised) through employer. He sent numerous reminders by RPAD to PF department in connection with transfer of PF accumulation vide letters dated 29-12-1995, 8-11-1997, 15-4-1997, 27-1-2004, 26-4-2004, 2-6-2004, 12-10-2004 and 31-12-2004. Even after sending repeated reminders and personal visits etc. no action has been taken by the department. He constrained to approach PF Adalat on 6-9-2005 and PF Adalat has intimated that PF accumulation in No.KN/2665/62 of Kudige dairy, Kudige is unclaimed deposit account of Sub regional office, Mysore and directed him to submit fresh transfer form 13 through present employer and it was complied by is employer-KDDC, Bangalore on 22-11-2006. After sending fresh form 13 (Revised scheme) on 22-11-2006. Asst. PF Commissioner, Bangalore has disputed after lapse of 29 years, stating that his PF number is KA/2665/63 as against KN/2665/62 and once again requested to submit fresh form -13 and the same requirement was complied by his employer in May 2007. The Assistant Provident Fund Commissioner, Mysore intimated during June 2008 and August 2008 that accumulation in KN/26765/62 is already transferred on 21-6-1980 to account no.KN/6787/142 as per form 13 submitted by him during January 1980 but failed to submit details like annexure K or cheque no., amount and place to where it is sent etc. in spite of his request during April 2008 and January 2010 and he made repeated personal visits and several reminders. The relevant informations as required by Regional and Assistant provident Fund Commissioner were forwarded and also intimated of his retirement vide letter dated 25-1-2011. Due to non-transfer of PF accumulations of Kudige Dairy, Kudige Rs.1,439=00 and claimed PF interest from 1978-79 to till retirement on 31-1-2011 Rs.33,606=00 and further interest of Rs44,123=00 and the penal interest of Rs.57,681=00 and thus the total claim is Rs.1,01,,804=00. Similar claim for non-transfer of PF accumulation in KN/10321/128 to KN/10321/161 is claimed Rs.33,629=00 and penal interest Rs.13,617=00 and the total claim is Rs.42,246=00. So he has come up with the present complaint, so he prays to issue direction to Ops to pay total a sum of Rs.2,99,050=00. So the complaint be allowed and pass an order as prayed for.
8. Let us a have look at the relevant documents of the complainant. Annexure-P1 is the copy of acknowledgement of OP in respect of PF accumulation no.KN/10321/128 dated 16-11-2010 for having submitted form 13 for transfer. Annexure-P2 is the copy of acknowledgement of OP dated 23-3-2011 for having received form 13 in respect of transfer of PF accumulations no.KN/BN/10321/128. Annexure-P3 is the copy of acknowledgment of OP dated 5-7-2011 for having received form 13 in respect of transfer of PF accumulations No.KN/BN/10321/128 to 10321/161. Annexure-P4 is the copy of letter of complainant addressed to the Asst. PF Commissioner dated 31-3-2011 submitting form 5 and 10 for transfer of PF accumulations from KN/10321/128 to KN/10321/161. Annexure-P5 is the copy of letter of complainant dated 11-10-2006 addressed to the Regional PF Commissioner requesting to transfer the PF accumulation from EPP account no.KN/10321/128 to PF account no.KN/6787/552 regarding. Annexure-P6 and P7 are the copies of letters of complainant addressed to the Regional PF Commissioner dated 5-12-2006 and 26-2-2007 requesting to intimate the status of transfer of his PF accumulation from EPF account no.KN/10321/128 to present EPF no.KN/1787/552. Annexure-P8 and P9 are the copies of letters of complainant addressed to the Asst. PF Commissioner Bangalore to intimate the status of transfer of EPF account no.KN/6787/552 from KN/10381/128 along with annexure-K. Annexure-P10 is the copy of letter of the Regional PF Commissioner dated 23-12-2005 addressed to the complainant informing that the balance available in the account no.KN/2665/62 has been transferred to unclaimed deposit account in the year 1989-90 as the complainant has not submitted the application form for transferring the amount to his account no.KN/6787/552 and requested the complainant to submit the enclosed form 13 through his present employer for withdrawing the amount lying in the unclaimed deposit account in KN/2665/62 and for effecting the transfer to his present account. Annexure-P11 is the letter Asst. PF Commissioner dated 15-3-2007 addressed to the complainant stating that, SRO Mysore has intimated to their office that account no.KN/2665/62 does not pertain to him and correct PF account no. is KN//2665/63, so requested to apply in fresh enclosed form 13 with correct code number and account number through his present employer. Annexure-P12 is the copy of form 9 (revised) showing account number of complainant as KN/2665/63. Annexure-P13 is the copy of letter of Asst. PF Commissioner addressed to the Regional PF Commissioner -1 dated 7-10-2013 stating that copy of petition in case no.13/1264 is received from the 4th Addl. District Consumer Disputes Redressal Forum, Bangalore which is filed by the complainant regarding non transfer of his PF accumulations. The para-wise comment of the case along with copy of the form no.9 and ledger card are already forwarded to Singasandra office on 20-8-2013 and copy of the letter is enclosed. Annexure-P14 is the copy of letter of Asst. PF Commissioner, Bangalore addressed to the Regional PF Commissioner enclosing the para-wise comments for the complaint no.1264/2013 and the same is forwarded to that office for necessary action. Along with annexure-14 copy of inter sectional note is enclosed wherein it is stated that no transfer in has been received from KN/2665/63 to KN/6787/142 and if the SRO Mysore furnishes the transfer details to this office necessary actions will be taken to account the same in respective account for final settlement and the complainant in his complaint is confused of his EPF account number and the complaint is based on presumption. The complainant has repeatedly mentioned his account no.as KN/2665/62 instead of KN/2665/63 that led to entire confusion.
9. At this stage, it is relevant to have a cursory glance at the material evidence of the OP. One M.V.Vishnuprasad, who being the Asst. Provident Fund Commissioner (Legal/Link officer) has stated in his affidavit that, the complainant is an employee of Karnataka Diary Development Corporation Ltd presently carrying out business under the name and style of M/s. Karnataka Milk Federation, Dairy Circle, Bannerghatta Road, Bangalore. The complainant was enrolled as member of Employees Provident fund with effect from 31-5-1978 and code number KN/2665/63 was allotted to him. The complainant worked for the years 1978 to 1980 at Mysore unit of the establishment and the contributions was remitted to the fund under the code no.KN/2665/63. Consequent on transfer of complainant from Mysore unit to Bangalore during the year 1980 the PF accumulations lying in the account no.KN/2665/63 has been transferred to KN/6787/142. The complainant has stressed for transfer of PF accumulations from KN/2665/62 to KN/6787/142 by furnishing wrong account number instead of KN/2665/63. The correct account number of the complainant is KN/2665/63 and basing on the records the OP transferred the accumulation to KN/6787/142. The account no.KN/2665/62 was allotted to Sri.Lingaraju. The complainant was never allotted the said number. The PF accumulations from account No.KN/6787/142 has been transferred to KN/6787/552 on 28-2-1982. The complainant relaying on incorrect account number has entered into protracted correspondence and presumed that PF accumulations have to be transferred from KN/2665/62 to KN/6787/142 is not effected till date. On the other hand, it is evident from the basic records produced herewith that the provident accumulation lying in KN/2665/63 has been transferred to KN/6787/142. During the tenure of employment of the complainant he has been allotted different code numbers. Owing to change in work place and on each occasion the complainant is required to apply for transfer of PF accumulations from his previous account to present account through his employer. The complainant ought to have applied for transfer in form 13 from KN/6787/552 to KN/10321/128 instead he has applied for transfer from KN/6787/552 to KN/10321/161 directly and the transfer has been effected. If the complainant had sought for transfer from KN/6787/552 to KN/10321/128 instead of KN/10321/161 the entire amount would have been paid to him at the time of settlement. No response was received from the employer and also the complainant has failed to apply in form 13 for transfer of PF accumulations from KN/10321/128 to KN/10321/161 and instead has hastily moved this forum that amount has not been transferred due to lapse on the part of the complainant for which the OPs cannot be blamed. They will release the PF accumulations as and when the complainant applies for transfer of fund by furnishing the necessary form. The PF accumulations to the tune of Rs.6,38,074/- has been released to the complainant consequent to his retirement. So there is no deficiency in service on the part of the OPs. So the complainant be directed to submit Form 13/Form19 for settlement of PF account i.e. KN/10321/128 to the office of the Ops, so that they can take necessary action for transfer of the amount to his account, in the interest of justice.
10. The Ops have produced annexure-R1 being the form 9 (Revised) wherein code number allotted to the complainant was KN/2665/63. Annexure-R2 is the copy of account no.KN/2665/62 which belongs to one Lingaraju.
11. So making careful scrutiny of the case of complainant on the back ground of oral and relevant documents of both parties, it is made crystal clear that, the complainant was enrolled as member of employee’s Provident Fund with effect from 31-5-1978 and code no.KN/2665/63 was allotted to complainant, but the complainant has stressed for transfer of PF accumulations from KN/2665/62 to KN/6787/142 by mentioning wrong account number instead of KN/2665/63 and basing on the records the Ops has transferred the accumulations to KN/6787/142. As per the records produced by the Ops it is disclosed that, the account no.KN/2665/62 was allotted to one Lingaraju and not to the complainant. During the tenure of employment of the complainant he has been allotted different code numbers in respect of his PF contribution owing to change in work place and the complainant was required to apply for transfer of PF accumulations from his previous account to present account through his employer. The complainant ought to have applied for (for transfer) transfer in form 13 from KN/6787/552 to KN/10321/128 instead he has applied for transfer from KN/6787/552 to KN/10321/161 directly. If the complainant had sought for transfer from KN/6787/552 to KN/10321/128 instead of KN/10321/161, the entire amount would have been paid to complainant at the time of settlement, without any problem. The amount accumulated in PF account has not been transferred due to lapse or mistake on the part of the complainant as he mentioned wrong code number for which the OP cannot be blamed for no fault of them. Actually the employer of complainant has written correct name for the year 1978-79 and 1979-80, but wrongly mentioned account as KN/2665/62 instead of KN/2665/63. The said mistake has taken place because of in correct mentioning of account number of complainant and for the fault of complainant, the OP cannot be held responsible.
12. So from the material evidence placed by both parties before this forum, it is vivid and clear that, the oral and documentary evidence of OPs are more believable trustworthy and acted upon than the material evidence of complainant and as such, we are of the considered opinion that, the complainant who comes to forum seeking relief has utterly failed to prove with convincing material evidence that, the Ops are negligent and there is deficiency of service on the part of the Ops in not making settlement of his PF claim, accordingly, we answer this point in a negative.
13. In view of our negative finding on the point no.1, the complainant is not entitled to any relief as prayed in the complaint. So, we answer this point in a negative. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint of the complainant is hereby dismissed. No cost.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 5th day of May 2014).
MEMBER PRESIDENT
