DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001.
Consumer Complaint No: 306/2013. Date of Institution: 11.09.2013 Date of Decision: 09.09.2015
Man Singh s/o late Sh.Raju Ram R/o C-4, Colony Main Road, Near Happy Model School, Sheetla Colony, Gurgaon, Haryana-122001.
……Complainant.
Versus
Employees Provident Fund Organization (EPFO) through Regional PF Commission, Bhavishya Nidhi Bhawan, Plot No.43, Sector 44, Institutional Area, Gurgaon-122002.
..Opposite party
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. Man Singh complainant in person
Sh.B.P.Jangra, Adv for the opposite party.
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that he joined the company “Otsuka Chemical India Ltd, Gurgaon on 01.09.2006 and became member of EPF Scheme vide EPF No.HR/GGN/28137/05 and resigned from the same on 03.01.2007 and joined new company “Numero Uno Clothing Ltd, Gurgaon on 05.01.2007. The complainant continued to be the member of EPF Scheme in the new company vide EPF No.HR/FD/9996/685. The complainant applied for transfer of EPF amount lying in the previous EPF A/c No.HR/GGN/28137/05 to his current EPF A/c No.HR/FD/9996/685 and the complainant submitted all the requisite documents but the opposite party did not transfer the amount lying in the EPF Account and no intimation was given to him despite the fact that the complainant visited the office of the opposite party several times and later on the complainant came to know that Form No.13 was not traceable. The complainant again submitted Form No.13 on 16.03.2010 but even then the balance in the previous EPF account was not transferred in the subsequent EPF Account. The complainant again submitted Form No.13 on 09.04.2012 but the amount was not transferred. However, when the complainant obtained the status report then it was revealed that Form No.13 has been rejected on account of non mentioning of the date of joining, date of leaving and date of birth despite the fact that said dates were duly mentioned in Form No.13. The complainant again submitted Form No.19.08.2013 for the fourth time. However, the said form was again rejected on 06.09.2013 and the complainant submitted Form No.13 on 09.09.2013 for the 5th time. The complainant has alleged that opposite party and its officials were negligent in rejecting his Form No.13 time and again without any basis and no notice was ever served upon the complainant despite the fact that Form No.13 was liable to be settled within 30 days and on account of delay on the part of the OP, the EPF account of the complainant became inoperative w.e.f. 01.04.2011 and there was loss of interest on account of delay to the tune of Rs.2837/-. Thus, the above act of the opposite party amounts to deficiency of service on its part. The complainant prayed that the opposite party be directed to transfer the EPF account balance from the previous EPF account to the current EPF account of the complainant, to pay Rs.2837/- to the complainant in lieu of loss of interest, to pay Rs.19785/- in lieu of salary forgone by the complainant, Rs.50,000/- as compensation for harassment and mental agony and to pay Rs.15000/- as litigation expenses. The complaint is supported with an affidavit and the documents placed on file.
2. OP in its written reply has alleged that PF accumulations of the complainant were already transferred out locally i.e. within the same office on 24.06.2010 from HR/GGN/28137/05 to HR/GGN/9995/685 with Annexure K reflecting Rs.5772/- as Employees Share and Rs.2244/- as Employer Share with up to date interest and was credited to his current PF a/c No.HR/GGN/9996/685 with Rs.6841/- as Employee share and Rs.2660/- as Employee Share (Opening Balance as on 01.04.2012) and till date the account of the complainant is operative and further interest will be credited from 01.04.2012 in his current PF Account at the time of reconciliation of accounts.
3 We have heard the complainant and learned counsel for the opposite party and have perused the record available on file carefully.
4 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint against the Os alleging deficiency of service on its part on the ground that he has applied for transfer of his previous EPF A/c No.HR/GGN/28137/05 to HR/FD/9996/685 but the opposite party failed to transfer the same despite the fact that the complainant has submitted Form No.13 at five times and thus, his account became inoperative since 01.04.2011 and he has lost an interest of Rs.2837/- till date and is entitled to recover the same from the opposite party. On the aforesaid allegations the complainant has filed the present complaint for giving direction to the opposite party for transfer of his EPF account and to pay Rs.2837/- in lieu of the loss of interest and compensation and litigation expenses.
5 However, the contention of the opposite party is that dispute has already been settled and the balance in the old EFP account has been transferred and the opposite party has denied any allegation on their part as well as the allegation that the complainant visited their office time and again. The opposite party has also denied the loss of interest as alleged.
6 Therefore, after going through the facts and circumstances of the case and the evidence placed on file it is evident that previously the complainant was holding EPF A/c No. HR/GGN/28137/05 when he was in the employment of “Otsuka Chemical India Ltd” since 1.09.2006 and after resigning from the above said company he joined another company “Numero Uno Clothing Ltd”, Gurgaon on 05.01.2007 and continued to be the member of the EPF Scheme vide EFP No.HR/FD/9996/685 and he requested for transfer of his EPF balance from his previous EPF account to current EPF A/c No. HR/FD/9996/685. From the Statement of account it emerges that previous outstanding dues have been transferred w.e.f. 01.04.2012 but no interest has been paid on account of delay in transferring the said amount to the new EPF account of the complainant. The complainant has given calculation sheet on account of loss of interest and the same has not been challenged by the opposite party. Therefore, we hold that on account of non giving the interest as per rates specified by the EPF organization from time to time amounts to deficiency of service on the part of the opposite party.
7 Therefore, we direct the opposite party to credit interest to the tune of Rs.784, Rs.874 and Rs. 488/-i.e. total Rs.2147/- (For the financial years 2011-12, 2012-13 and 2013-14 (31.08.2013) respectively on the amount of Rs.9501, 10,285/- and Rs.11,160/- at the rate of interest 8.25 %, 8.5 % and 8.75 %). The complainant is also held entitled to compensation on account of harassment as well as litigation expenses to the tune of Rs.500/-. Compliance be made by the opposite party within 30 days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
09.09.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
