Punjab

Sangrur

CC/511/2018

Harwinder Singh - Complainant(s)

Versus

Employees Provident Fund Office - Opp.Party(s)

Sh.Rohit Jain

13 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .

                                                                         Complaint No. 511

 Instituted on:   10.12.2018

                                                                         Decided on:     13.12.2019

Harwinder Singh son of Tejpal Singh, resident of Village Kup Kalan, Tehsil Malerkotla, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.             Employees Provident Fund Organization, Urban Estate, Doordarshan Tower, Bhatinda, through its Regional Provident Fund Commissioner.

2.             Employees Provident Fund Organization, SCO-13, Kaula Park, Sangrur through its Inspector.

3.             State Bank of Patiala (now State Bank of India) through its Branch Manager, Kup Kalan, Tehsil Malerkotla, District Sangrur.

             ….Opposite parties. 

Counsel for the complainant: Shri Rohit Jain, Adv.              

Counsel for the OPs 1&2      : Shri S.S.Bal, Adv.

Counsel for OP No. 3            : Shri S.S.Randhawa,Adv.

 

Quorum                                           

Shri Amrinder Singh Sidhu, President

Ms. Vandana Sidhu, Member

Shri Vinod Kumar Gulati, Member

 

ORDER BY:     

Shri Amrinder Singh Sidhu, President.

1.             The complainant filed this complaint pleading that the complainant was employed with Sanik Textiles Ltd. Ludhiana Road, Kup Kalan and the complainant was covered under Provident Fund Scheme and Employee Pension Scheme under EPF account number PBBTI02318000000401. Further case of the complainant is that he sent form number 19 and form 10-C to the Ops number 1 and 2 through Sanik Textiles Ltd. and requested  OPs number 1 and 2 to send his provident fund amounting to Rs.36,659/- and pension fund of Rs.12,935/- in his account number 65215904272 with the OP number 3 but the OPs sent only Rs.12,935/- through NEFT and did not send the amount of Rs.36,659/-. Though the complainant requested the OPs number 1 and 2 to send the amount but all in vain. Thus, alleging deficiency in service on the part of the OPs,  the complainant has prayed that the opposite parties be directed to pay the provident fund amounting to Rs.36,659/- along with interest @ 24% per annum from 1.1.2018 till realization and to pay Rs.50,000/- on account of mental torture, agony, inconvenience and an amount of Rs.5500/- on account of litigation expenses.

2.             After the notice being served upon the opposite parties, the opposite parties number 1 and 2 appeared through Advocate Shri S.S.Bal and filed written version. In written version preliminary objections are taken up on the grounds that the complainant is not a consumer of the OPs and that the complainant has not approached this Forum with clean hands. On merits, it is stated that the case of the complainant has already been settled and the amount of Rs.12,935/- has been credited and another amount of Rs.36,659/- was returned back to the office of the OP with the remarks “New Balance Exceeds Maximum All” by the banker of the complainant. Further it is stated that the complainant has again submitted his claim form number 19 to the office of the OPs vide claim receipt number PBBTI190100005076 dated 22.1.2019 and the same has been settled and accordingly an amount of Rs.39,520/- has also been sent to the banker of the complainant through NEFT.  It is stated further that nothing remains due of the complainant towards the OPs.

 3.            In reply filed by OP number 3, preliminary objections are taken up on the grounds that the complaint is not maintainable and that the complainant has not come to the Forum with clean hands. On merits, it is stated that an amount of Rs.39,520/- has been received in the account of the complainant on 28.1.2019 through NEFT.  The other allegations leveled in the complaint have been denied.

4.             The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence. The opposite parties number 1 and 2 have produced Ex.OP1&2/A to Ex.OP1&2/E and closed evidence. The learned counsel for OP number 3 has produced Ex.OP3/1 to Ex.OP3/5 and closed evidence.

5.             We have gone through the pleadings of the parties and documents placed on record by the parties as well as heard the arguments advanced by the learned counsel for the parties.

6.             It is admitted fact between the parties that the complainant was an employee with M/s. Sanik Textiles Limited, Ludhiana Road Kup Kalan and the complainant was covered under the Provident Fund and Employees Pension Scheme under EPF.  Further the OPs received the claims of the complainant through form number 19 and form number 10-C and accordingly sent the payments to the State Bank of India in his account for credit the same in his account. But only an amount of Rs.12935/- was credited and another amount of Rs.36659/- was returned to the office of the Ops number 1 and 2 with the remarks “New Balance Exceeds Maximum All” by the banker of the complainant through NEFT on 28.12.2017.  The Ops in their reply contended that the complainant had again submitted his claim form number 19 to the Ops on 22.1.2019 but could not place on record any document to support their case.  Returning of amount of Rs.36659/- to the Ops was never intimated to the complainant, as such no action was taken by him to receive his due amount and the balance amount of Rs.36659/- which was sent through NEFT to the account of the complainant was credited to his account on 22.1.2019.  As such, we have observed that there is deficiency in service on the part of the OPs number 1 and 2 by not intimating the complainant about the returning of the amount from the OP number 3.

7.             In view of our above discussion, we find that the OPs number  1 and 2 are deficient in service and they are directed to pay to the complainant an amount of Rs.10,000/- on account of compensation for mental tension, agony and harassment and further an amount of Rs.10,000/- on account of litigation expenses.

8.              This order be complied with by the opposite parties within 45 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

9.             This complaint could not be decided and order could not be pronounced within stipulated time period because posts of President and Lady Member are lying vacant since 7.8.2018 and 16.09.2018 respectively. The President is doing additional duty only for two days a week.

                        Pronounced.

 

                        December 13, 2019.

 

(Vinod Kumar Gulati)  (Vandana Sidhu) (Amrinder Singh Sidhu)

          Member                   Member                  President