DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA
RBT/Consumer Complaint No.115 of 2018
Date of institution: 20.02.2018
Date of Decision:18.05.2022
Monika Jassal aged about 35 years, daughter of Late Shri Tarsem Lal, resident of House No.B-III-367, Purana Bazar, Ludhiana
….Complainant
Versus
1. Employee’s Provident Fund Organization, Bhavishayanidhi Bhawan, Sham Nagar, Ludhiana, through its Assistant Provident Fund Commissioner
2. Kamla Lohtia Sanatan Dharam College, Subhash Nagar, Daresi Road, Ludhiana- 141008, through its principal.
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Ranjit Singh, President.
Mrs. Ranvir Kaur, Member
Present: Sh.Mohit Vashishat, Advocate, for complainant
Sh. Vijay Sharma, Advocate, for OP1
Sh. RK Bhandari, Advocate, for OP2
Order dictated by Sh. Ranjit Singh, President,
Order
The present order of ours will dispose of the above complaint filed under Consumer Protection Act, received by way of transfer from District Consumer Disputes Redressal Commission, Ludhiana, by the complainant against the Opposite Parties on the ground that the complainant was worked as Clerk with the OP No.2 w.e.f. 23.3.2007 to 31.3.2017 and her last drawn salary was Rs.12500/- per month plus other benefits as per the rules. The complainant was a member of employee’s Provident Fund Scheme, 1952 as well as Employee Family Pension Scheme and was holding account No.16598/10197 (LDLDH00165980000000134) which was allotted to her when she was working with the OP2. The complainant left the services of OP2 on 31.3.2017. Thereafter, the complainant wants to withdraw her Provident Fund amount but the OP No.2 refused to complete the formalities for withdrawal of her provident fund amount. Lateron, the complainant came to know that OP2 has not deposited the full contribution amount in respect of his Provident Fund Account and due to this reason they refused to complete the formalities for the release of his provident fund amount. Due to non deposit of the amount by the OP2, the complainant has suffered a loss of employee and employer share of provident fund contribution. It is further alleged that the complainant also wrote a registered letter to the OP1 on 13.10.2017 vide receipt No.EP 478077520IN dated 16.10.2017, which copy was also sent to the Central Provident Fund Commissioner, New Delhi, vide which the complainant requested them to look into the matter and to direct the OP2 to deposit the amount of her contribution and also lodged compliant under the employees provident fund Act for the violation of rules of non deposit of contribution amount of the employees but till today the complainant has not received any response either from the OP1 or from the central provident fund commissioner, New Delhi. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-
1. To direct the OPs to deposit the amount of employees provident fund contribution amount as well as employee family pension amount in the account of the complainant w.e.f. 23.3.2007 to 31.3.2017 along with interest applicable under the Employees Provident Fund Scheme.
2. To pay compensation an amount of Rs.50,000/- on account of mental suffering, harassment.
3. Any other relief as this Hon’ble Commission deems fit may also be granted to the complainant in the interest of justice and equity.
2. In reply, the OP No.1 has taken various objections; that the complainant is not maintainable; that the present complaint is bad for non joinder and mis joinder of the necessary parties; no relief is claimed against the answering OP nor there is any deficiency on the part of the answering OP. On merits, it is stated that the complainant herself has withdrawn the accumulations on 10.11.2016 for Rs.33208/- and Rs.11,343/- for the period from 1.9.2009 to 22.7.2011, whereas the account No.LD/LDH/16598/10197 with the date of joining till 11.9.2014 is still active. Rest of allegations levelled by the complainant against the answering OP have been denied and prayed for dismissal the same with cost.
3. In reply, the OP No.2 has taken preliminary objections; that the present complaint is not maintainable; that this Hon’ble Commission has no jurisdiction to try and decide the present complaint; that the complaint is bad for non joinder and misjoinder of the necessary parties; that there is no deficiency in service on the part of the answering OP; that the complainant is guilty of concealing the material facts; that the complainant has suppressed the most material facts from this Hon’ble Commission; that the present complaint is not maintainable. On merits, it stated that the complainant had herself withdrawn on 10.11.2016 sum of Rs.33208/- and Rs.11,343/- for the period from 1.9.2009 to 22.7.2011 against the account LDH/16598/134 as joining of the complainant in that account was from 1.9.2009 to 22.7.2011 whereas the account LD/LDH/16598/10197 with the date of joining till 11.9.2014 is still active. The OP2 never refused to complete the formalities for withdrawal of the PF amount. Thus, alleging no deficiency in service on the part of the OP2 and prayed for dismissal the present complaint.
4. In support of his evidence, the learned counsel for the complainant has tendered certain documents. On the other hand, the learned counsel for the OPs have also tendered various documents in the shape of evidence.
Even, the learned counsel for the OP2 has suffered a statement to the effect that the complainant was worked with the OP2 for the period from 11.9.2014 to 31.3.2017 and EPF Account No.PN/16598/10197 has been allotted to the complainant and his EPF contribution is lying in his above said account and complainant can withdraw his EPF contribution and OP2 has no objection about it.
5. We have heard the learned counsel for the parties and have gone through the record of the file, carefully and minutely.
6. From the perusal of the documents annexed with the complainant, it reveals that the complainant has joined with the OP2 on adhoc basis from March 2007 to March 2017. Even, the learned counsel for the OP2 has given no objection regarding withdrawal of the provident fund amount by the complainant. The complainant has failed to provide the requisite documents and not to complete the formalities for withdrawal of the amount. So, in these circumstances, we dispose of the present case with the direction to the complainant to complete all the formalities and the OPs No.1 & 2 are also directed to make best efforts at their end for making the full amount lying in her EPF Account. Free certified copies of this order be sent to the parties, as per rules. The files be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the record room.
Announced
May 18, 2022
(Ranjit Singh)
President
(Ranvir Kaur)
Member
CC No.115 of 2018
Present: Sh. Mohit Vashishat, Adv. For complainant
Sh. Vijay Sharma, Adv. For OP1
Sh. RK Bhandari, Adv. For OP2
Arguments completed. Vide our separate detailed order of today, the complaint stands disposed of. Free certified copies of this order be sent to the parties, as per rules. The files be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the record room.
Announced
May, 18 2022
(Ranjit Singh)
President
(Ranvir Kaur)
Member
