Complaint filed on:16-07-2020

                                                      Disposed on: 02-03-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.33/2020

DATED THIS THE 2^nd DAY OF MARCH, 2022

PRESENT

SRI.KUMARA.N, B.Sc. (Agri), MBA, L.L.B, PRESIDENT (I/c)

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Sudhamani

W/o late A.S.Jagadeesh

Aged about 38 years,

R/at Akkalasandra village,

Dandinashivara hobli,

Turuvekere taluk

(By Sri.M.S.Chandrashekaraiah, Advocate)

V/s

Opposite parties:-    

1. The Deputy General Manager, Renew Wind Energy (Rajasthan-Pore) Pvt. Ltd, Yaladabhagi (Gundi Kaval), Dandhinashivara hobli, Turuvekere taluk
2. Assistant P.F.Commissioner Employees Provident Fund Organization, (Ministry of Labour and Employment Government of India) Regional office, 1^st floor, Bilwa Arcade, 15^th Cross, SIT Main Road,

Tumakuru -572 103

3. The Assistant PF Commissioner (Pension), Bhavishyanidhi Bhavan, No.13, Raja Ram Mohan Roy Road, Bengaluru-25

Karnataka

4. The Assistant PF Commissioner (Pension) Employees Provident Fund Organization, Bhavishyanidhi Bhavan, No.3.4.763, Bharakpur Chaman, Hyderabad, Telengana-500027

(OP No.1-by Sri.G.L.Narendrababu, Advocate)

(OP No.2&4-by Sri.M.Pradeep)

(OP No.3- Exparte)

ORDER

SRI.KUMARA.N, PRESIDENT (I/c)

        This complaint was filed under Section 12 of the Consumer Protection Act, 1986 to direct the Opposite parties (hereinafter called as OPs) to settle the death benefit of complainant’s husband by name A.S.Jagadeesh S/o late Shivanna along with 18% interest p.a. and grant such other relief as deemed fit, in the interest of justice and equity.

2. It is the case of complainant that, the complainant’s husband by name A.S Jagadeesh S/o Shivanna was working under the 1^st OP as a Security Guard, during the course of work the complainant’s husband died due to the heart attack on 29-3-2018 at about 4.00 p.m. thereafter the dead body was shifted to the Government Hospital, Tumakuru. The duty doctor of the said Hospital conducted the postmortem and the concerned jurisdictional police have conducted the investigation under UDR No.2/18 and handed over the dead body to the complainant.  On 30-3-2018 the 1^st OP compromised the matter through an agreement with the complainant. The 1^st OP stating that the death benefit of the deceased A.S.Jagadeesh to be collected by the complainant. Thereafter the complainant approached the OP No.2 to 4 to settle the other benefit and PF amount under No.AP/HYD/181000013816/Transout/59.  On 7-8-2019 the complainant has issued legal notice to the OPs, but the OPs not responded to the complainant. Hence, this complaint.

          3. After the service of notice, the 1^st OP has appeared through his learned counsel and filed written version. The OP Nos.2 and 4 have appeared through their learned counsel and filed version. The OP no.3 has not appeared and placed exparte.

          4. The 1^st OP filed written version contending that the complaint is not maintainable either in law or facts and other allegations made in the complaint denied as false. Further the 1^st OP admitting that the complainant husband late A.S.Jagadeesh was working as Security guard in the 1^st OP.  The 1^st OP already settled the matter on 30-3-2018 as per compromise agreement with the complainant and paid compensation of Rs.3,00,000-00 to the complainant’s SB account bearing no.64116865764, SBI, Turuvekere branch through cheque no.014777 dated 7-4-2018. Hence, there is no deficiency of service on the part of 1^st OP and prayed to dismiss the complaint with cost.  

          5. The OP Nos.2 and 4 filed version submitting that the complaint is not maintainable in the eye of law and they have already been granted the benefits as per the provisions of the Provident Fund Pension scheme after thorough versification and settled the compensation and other benefits on 29-3-2018. There is no deficiency of service on the part of the OPs as the claim of complainant was attended well in time and benefits delivered to the complainant as per the provision of Employee Pension Scheme. Hence the OP no.2 and 4 prayed to dismiss the complaint.

6. The complainant filed affidavit evidence and produced Exs.P1 to P10 documents. On behalf of the 2^nd OP Sri.J.Hari, Assistant P.F. Commissioner has filed affidavit evidence and produced Annexure-R1 to R3. The 4^th OP has not filed affidavit evidence.   

7. In spite of granting sufficient time, complainant and OP No.1, 2 and 4 counsels have not advanced the arguments hence, arguments of complainant and OP Nos.1, 2 and 4 taken as heard and the 2^nd OP counsel filed written arguments and the points that would arise for determination are as under:

1)      Whether the complainant proves that there is deficiency in service on the part of OPs?

2)      Is complainant entitled to the reliefs sought for?  

8. Our findings on the aforesaid points are as follows:

Point No.1: In the negative   

Point No.2: In the negative for the below

REASONS

9. Point No.1 and 2: On perusal of the complaint, version of OPs 1, 2 and 4, affidavit evidence complainant and 2^nd OP and written arguments of 2^nd OP, the OPs no.1 to 4 settled the death benefits, compensation and pension to the complainant.

10. The complainant has produced 10 documents which were marked as Ex.P1 to P10, these were death certificate of complainant’s husband, Aadhar card of complainant’s husband, compromise agreement entered between the complainant and Action Guarding Services Pvt. Ltd, FIR, Police mahazar report, OPs letter dated 11-12-2018 issued to the complainant, legal notice issued by complainant to 2^nd OP dated 7-8-2019 and reply letter of 2^nd OP issued to the complainant’s advocate which proves that the complainant husband died due to heart attack and the 1^st OP settled the matter as per the compromise agreement. Further the 2^nd OP counsel produced documents which shows proves that on 29-9-2020 they settled pension and PF claim of complainant’s husband. In the above discussion, we come to conclusion that there is no deficiency of service or negligence on the part of the OPs. Accordingly, we proceed to pass the following;

ORDER

The complaint filed by complainant is dismissed without cost.

Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 2^nd day of March, 2022).

LADY MEMBER                                  PRESIDENT (I/c)