DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.689 /2007
Sh. Sanjay Kumar Sayal
Flat No.F-4, Pocket-4,
Mayur Vihar Phase-I
New Delhi-110092 ……Complainant
Versus
1. M/s Alpine Travels & Tours Pvt. Ltd.
12, Chandra House, 8, Lady Hardinge Road,
(Doctor Line), Gole Market
New Delhi-110001
2. Employee Provident Fund
Though its RPF Commissioner (PPF)
Plot No.28, Wazirpur Industrial Area
Delhi-110052 ……Opposite Party
Date of Institution : 11.06.07 Date of Order : 31.12.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he joined the company of OP No.1 on 01.10.1997 and resigned from the service in May, 2003. During his service, he had opened a contributory Provident Fund Account No. DL/9770/101. The OP No.1 deducted the EPF contribution from his salary and deposited with the OP No.2. It is the duty of the OPs to ensure that contribution deposited by each member must be paid back to him when asked by the said member. But OP No.1 allowed another employee, namely, Sanjay Srinivas having Account No. DL/9770/169 to take away money from his account. The Complainant i.e. Sanjay Kumar Sayal having account No. DL/9770/101 was deprived of his own money and compelled to run from pillar to post till date. He was regularly depositing his contribution without any fault till the date of resignation and he never withdrew the money from EPF Account. After resignation, he approached OP No.1 and requested it to release his deposited amount from the OP No.2. He was assured that he will get the refunded amount. He visited the office of OP No.1 several times but every time he was made to return back on one pretext or the other. In the month of March, 2005, he visited the office of OP No.1 and he was shocked to know that the OP No.1 had not submitted Form No.19 to OP No.2. He immediately submitted the application Form No.19 on 24.04.05 with OP No.1 for claiming provident fund dues. After submission of Form No. 19 and completion of all requirement when no amount was released in his favour, he again approached OP No.1. Upon enquiry he was informed that OP No.2 had returned back the claim Form. From the perusal of the claim form handed over to him, it was found that there was some alteration on place of account No. and it was written as DL/9770/169 instead of DL/9770/101. He visited the office of OP No.2 and the officials of OP No.2 refused to provide any information in writing in this regard and advised him to take information from OP No.1. After great pursuasion and request, he was unofficially told that the amount deposited in his account was wrongly sanctioned/issued in the name of one Sanjay Srinivas, having account No.DL/9770/169. After several visits to OPs, a letter was handed over to him wherein the OP No.2 clearly admitted the wrong transfer of the said amount and directed the OP No.1 to immediately deposit the amount of Rs.35,278/- alongwith interest with the OP No.2. In the month of April, 2007, he wrote a letter but till date no action has been taken by the OPs to get back the said amount. Hence, pleading deficiency in service on the part of OPs, the Complainant has prayed as under:-
- Direct the OPs to pay, jointly and severally, the EPF and EPS due amount deposited by the Complainant in his A/C- DL/9770/101, alongwith other benefits which the Complainant was entitled under the EPF Scheme at the time of resignation from the service of OP No.1 Company,
- Direct the OPs to pay to the Complainant, jointly and severally, an interest @ 18%, on the amount due under EPF scheme in May 2003 at the time of resignation from the service of OP No.1 company till the date of payment to the Complainant,
- Direct the OPs to pay a sum of Rs.50,000/- as damages towards the harassment and mental agony suffered by the Complainant due to the act of OPs,
- Direct the OPs to pay a sum of Rs.15,000/- to the Complainant as litigation cost.
In the written statement, OP No.1 has stated that they issued the correct A/C No. DL/9770/101 on the EPF certificate without any mistake or cutting but there was a cutting and overwriting on the copy of certificate filed by the Complainant and OP No.1 is not responsible for the same. After resignation of the Complainant, they informed the OP No.2 and completed all formalities to release the EPF and helped the Complainant properly to release the said EPF to the Complainant. There is no deficiency in service on the part of OP No.1. OP No.1 has prayed for dismissal of the complaint.
In the written statement OP No.2 has stated that OP No. 1 submitted the withdrawal Claim Form No.19 on 19.10.2005 in respect of another employee namely, Shri Sanjay Srinivas whose P.F. Account No. was DL/9970/169 to OP No.2 mentioning that P.F. Account as DL/9970/101 which was actually allotted to the Complainant Shri Sanjay Kr. Sayal. Based on this submission of OP No.1, they settled the P.F. claim and released a cheque amounting to Rs.35,278/- in November 2005 in favour of Sh. Sanjay Srinivas. The P.F. account nos. were allotted by the employer and not by the OP No.2. Hence, it is only the employer who was responsible for erroneous payment. It is pleaded in P.O. No. 6 that now the P.F. claim of the Complainant has been settled for Rs.43001/- out of Special Reserve Fund (SRF) vide cheque No.021323 dated 05.09.2007 and the said cheque was forwarded to the Complainant’s bank account No.78342 of Syndicate Bank, C-Block, Paschimi Mart, Vasant Vihar, Delhi-57. Hence, OP No.2 has prayed that the case may be disposed of against OP No.2 and cost may be imposed on the employer/OP No.1 for furnishing the wrong information to OP No.2 which led to wrongful payment.
Complainant has filed separate rejoinders to the written statements of OPs. Averments made in P.O. No. 6 of the written statement of OP-2 have been admitted in rejoinder to written statement of OP-2.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Kartikey Singh, Assistant Provident Fund Commissioner has been filed in evidence on behalf of OP No.2.
Written arguments have been filed on behalf of the parties.
OP No. 2 has settled the case of the complainant for Rs.43001/- out of Special Reserve Fund (SRF) vide cheque No.021323 dated 05.09.2007 by depositing the same in the Complainant’s bank account No.78342 of Syndicate Bank, C-Block, Paschimi Mart, Vasant Vihar, Delhi-57. The complaint was filed on 11.06.07 and the OP No.2 made the payment alongwith the interest on 05.09.2007. The same was accepted by the Complainant on 5.9.2007. When the amount has been paid to the complainant along with interest on 05.09.07, we do not think it proper to award any compensation to the complainant. Rather he ought to have withdrawn the complaint immediately after 5.9.2007 or requested the Forum to award some compensation on that stage itself. Surprisingly enough the affidavit of the complainant is silent about receipt of Rs. 43,001/- by means of cheque on 5.9.2007. Therefore, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 31.12.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
31.12.2015
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
