M. THANIKACHALAM J. - (1.) The opposite parties are the appellants
(2.) The complainant/ respondent, who was working as a teacher for 10 years, resigned from the post on 31.5.1998. After resignation, she came to know that provident fund amount, relating to 8 years service, when she worked at Sholingar was not credited. After number of letters, reminders and personal request, only on 22.4.2003, the 2nd opposite party has credited the complainants account, thereby they have committed deficiency, leading to monetary loss, to the complainant also, since she was deprived of utility of the amount, from the date of retirement. Hence the complainant is entitled to interest for the amount not credited viz. Rs.44,740/- from 2.1.98 to 22.4.2003 @18% p.a., in addition for deficiency she is entitled to Rs.25000/-, for mental agony she is entitled to Rs.50000/-, and for damages she is entitled to Rs.10000/-. Thus claiming a sum of Rs.85000/-, as well as interest from 2.1.98 to 22.4.2003, a complaint came to be filed before the District Forum, Madurai.
(3.) The opposite parties/ appellants, admitting the provident fund accumulation, though transferred from the office of the 1st opposite party, in the month of December 1997, it was not available with the 2nd opposite party, which was noticed only after the letter addressed by the complainant, that after tracing the amount, and getting applications from the complainant, in the month of April 2003, a sum of Rs.74,730/- was released, which includes interest also, and therefore, the complainant is not entitled to claim, any interest, further denying the deficiency in service, as well as quantum of compensation, claimed under various heads, praying for the dismissal of the complaint.;