Punjab

Faridkot

CC/22/28

Rajbinder Kaur - Complainant(s)

Versus

Employees Provident fund Organization - Opp.Party(s)

Gurpreet Singh Chauhan

21 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

CC No. :                       28 of 2022

Date of Institution:        04.03.2022

Date of Decision :         21.08.2024

 

Rajbinder Kaur aged about 35 years, daughter of Gurbhej Singh son of Kartar Singh resident of Village Dhilwan Khurd, Tehsil and District Faridkot.

...Complainant

Versus

Employees Provident Fund Organization, Near Kali Mata Mandir, Phase I, Civil Lines, Bathinda through its Authorized Person.

                         ....Opposite party

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Sh  Rakesh Kumar Singla, President,

Smt Param Pal Kaur, Member.  

 

Present:      Sh Gurpreet Singh Chauhan, Ld Counsel for Complainant,    

                 Sh Deepak Singh Kamboj, Ld Counsel for OP.

 

* * * * * * *

ORDER

(Rakesh Kumar Singla, President)

                             Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OP seeking directions to them to release the amount lying deposited in her EPF account alongwith interest and for further directing them to pay Rs.50,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.10,000/-.

 

cc no. - 28 of 2022

2                                                       Briefly stated, the case of the complainant is that complainant was working as an employee in Baba Farid College of Nursing, Kotkapura and was maintaining EPF account bearing no.UAN No.100878419797. It is submitted that complainant remained in service till 06.11.2015 and applied for withdrawal of amount on 15.02.2019 through her employer Baba Farid College of Nursing, Kotkapura. Complainant also applied for correction of her name wrongly mentioned in the EPF account as Rajwinder Kaur whereas actual name of complainant is Rajbinder Kaur. Complainant handed over all requisite documents to concerned branch of OP on 18.02.2019 and she was told that amount from her account would be transferred within few days, but nothing was done by OP. It is alleged that complainant approached OP several times and made abundant requests to them to release the amount lying in her EPF account, but all in vain. It amounts to deficiency in service and trade mal practice on their part. All this has caused great harassment and mental agony to complainant and she has prayed for seeking directions to OP to release the amount lying in her EPF account. She has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the instant complaint.

3                                                         The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 10.03.2022, complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                                                On receipt of notice, OP appeared in the Commission through counsel and filed reply taking preliminary objections that complaint filed by complainant is false and frivolous. It is averred that complaint filed by complainant is time barred and is not maintainable and no cause of action

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arises against answering OP. However, on merits OP has denied all the allegations of the complainant being wrong and incorrect and brought before the Commission that as per office record of OP, UAN No.100878419797 is related to Rajwinder Kaur daughter of Gurbhej Singh  instead of Rajbinder Kaur.  It is further averred that neither any request for withdrawal of EPF nor any request for correction of name was ever made before the office of OP. All the other allegations and the allegation with regard to relief sought too are denied being wrong and incorrect and prayer for dismissal of complaint with costs is made.

 5                                               Parties were given proper opportunities to prove their respective case. Ld counsel for complainant tendered into evidence affidavit of complainant as Ex CW-1/A, documents Ex C-1 to Ex C-6 and then, closed the evidence on behalf of complainant.

6                                           In order to rebut the evidence of complainant, ld counsel for OP tendered in evidence affidavit of Anil Kumar Assistant Provident Fund Commissioner, Bathinda as Ex OP-1 and closed the same on behalf of OP.

7                                  .                We have heard the learned counsel for the complainant as well as for opposite party and have also very carefully gone through the affidavits and documents placed on the file.

8                                                 From the careful perusal of record and pleadings put forward by respective parties, it is observed that case of the complainant is that she was working as Hostel Warden in the Baba Farid College of Nursing and there she was having aforementioned EPF account. As per document Ex C-1, it is clear that Baba Farid College of Nursing, Kotkapura sent letter to the Commissioner,

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 EPFO, Bathinda  on 15.09.2019 for correction of name of complainant from Rajwinder Kaur to Rajbinder Kaur. Ex C-2 further clears and reveals the fact that she filled the form with her correct name mentioned over it as Rajbinder Kaur. Ex C-3 also justifies the same. Ex C-4 further makes it clear that she made request to OP through proper format for withdrawal of amount lying deposited in her EPF account and from the document Ex C-5 there does not remain an iota of doubt that she made request to OP to correct the spellings of her name from Rajwinder Kaur to Rajbinder Kaur. Copy of Adhaar car Ex C-6 further strengthens the point that exact spellings of name of complainant are Rajbinder Kaur but her name was wrongly mentioned in her account as Rajwinder Kaur due to some clerical mistake. Act of OP in writing wrong name of complainant and thereafter not correcting the same despite having received the request for correction of spellings of her name through proper channel by employer of complainant, amounts to deficiency in service on the part of OP. It seems that OP has not shown diligence to complete their duty of correction of name. If due to some clerical mistake, name of complainant was wrongly mentioned, then, it was the duty of Opposite Party to rectify the same after carefully scrutinizing the supporting documents like adhaar card, PAN Card, certificate of 10^th etc. But act of OP in not rectifying the name of complainant with correct spellings as per documents submitted by her, seems to be negligence and it amounts to deficiency in service on the part of OP. Complainant has placed on record sufficient and cogent evidence and all the documents produced before us are fully authentic and are beyond any doubt.

9                                            In the light of above discussion, the complainant succeeds in proving her case on the file. Therefore, complaint is hereby partly allowed against Ops with direction to Opposite Party to correct the name of

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complainant in their record from Rajwinder Kaur to Rajbinder Kaur and then, release the amount lying in her account with interest accrued thereon as per rules. To mitigate the grievance of complainant, Opposite party is further directed to pay Rs.2000/-to complainant as consolidated compensation for harassment and mental agony suffered by her and for litigation expenses incurred on present complaint.

10                                                  Ops are directed to comply with the order within 45 days from the date of receipt of the copy of the order, failing which complainant shall be entitled to compensation to the tune of Rs.10,000/- for harassment, mental agony suffered and for litigation expenses incurred by her.

11                                                 Complaint could not be decided within stipulated period due to heavy pendency of work and incomplete quorum.

12                                                  Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in Commission :

Dated:  21.08.2024

                                            (Param Pal Kaur)        (Rakesh Kumar Singla)

                                            Member                         President