DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

C.C. No. 284 of 16-07-2013

Decided on : 06-12-2013

Amit Gupta aged about 25 years S/o Ashok Gupta Advocate R/o 975 A, Subash Street, Amrik Singh Road, Bathinda.

........Complainant

Versus

1. Employee Provident Fund Commissioner, Model Town, Bathinda.

2. RT Outsourcing Services Ltd. now converted to Intarvo Technologies Ltd., B-45, Sector 80, Noida Phase 2, Uttar Pradesh Pin-201305, through its CMD/MD/GM/President/Chairman/HR Manager.

3. Employee Provident Fund Commissioner, New Delhi.

4. Employee Provident Fund Commissioner, Noida (U.P)

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt.Sukhwinder Kaur, Member.

For the Complainant : Sh. Ashok Gupta, counsel for the complainant.

For opposite parties : Sh. Vinod Garg, counsel for opposite party Nos.1,3 & 4.

Sh. Inderjit Singh, counsel for opposite party No.2.

O R D E R

VIKRAMJIT KAUR SONI, PRESIDENT

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). Briefly stated the case of the complainant is that the opposite party No. 2 appointed the complainant as engineer to maintain the sites vide agreement dated February, 5, 2010 and regular appointment letter has been given including the break-up of salary. As per break-up, the EPF of the complainant was to be deducted Rs.590/- initially and the same amount was to be deposited by the employer itself, in total the amount of Rs.1180/- was to be deposited. This amount was increased later on to the tune of Rs.1000/- per month and Rs.1000/- was to be deposited by the employer share as the monthly pay of the complainant increased Rs.18,000/- from Rs.11,843/-. The complainant alleged that the opposite party No. 2 instead of depositing its share from its own pocket, mischievously deducted its share from the salary of the complainant. The opposite party No.2 has not conveyed to the complainant the EPF account number, even many requests were made. Under the forced circumstances, the complainant left the job of opposite party No.2 for its mischievous acts and deeds. The complainant alleged that the opposite party No.2 retained his experience certificate, bonus, TA etc. to harm the complainant. Due to their negligence act and non-issuing of the experience certificate, the complainant has become helpless to apply for the new job as he left the job due to completion of the project on dated 1 April, 2012. The complainant visited the office of the opposite party No.2 regularly and sent many e-mails, but the opposite party No.2 has neither sent the EPF account number nor told the exact amount of the EPF. The complainant further alleged that even the opposite party No.2 has not deposited its share, rather deducted its share from the salary of the complainant. There is a gross violation of law as no amount of EPF has been deposited from the account of the opposite party No.2 with the opposite party Nos.1 and 3. The opposite parties are duty bound to issue the settlement of the deduction of EPF of employee, but they have failed and intentionally did not issue the deduction statement till date. The complainant further alleged that he repeatedly requested the opposite parties to refund the amount of Provident Fund with interest, but they did not respondent to his request and flatly refused to accede to his demand. Hence the complainant has filed the present complaint seeking directions to the opposite parties to make the payment of the provident fund deducted from his salary with interest @ 18% from 5.2.2010 till payment and to make the payment of their share of EPF which was required to be deposited by them besides compensation and cost.

2. The opposite party Nos.1, 3 and 4 filed their joint written statement and pleaded that the opposite party No. 3 has shown the amount of EPF and EPS deposited with it in the ledger and record which show that the sum of Rs.21,501/- as balance in EPF account and Rs.10,534/- as EPS balance till date. The opposite parties have pleaded that whatever contribution was received, the same has been duly shown in the ledger card against account of the complainant. The complainant has never lodged any complaint with the opposite party No.3 with any documentary evidence till date. Had any complaint been received with documentary proof, the action would have been taken against opposite party No.2. The EPF and EPS amount received by way of contribution is duly shown and reflected in the ledger book. There is no violation of any duty on the part of the opposite party Nos.1, 3 and 4. The opposite party Nos.1, 3 and 4 have pleaded that they have not received any request for the withdrawal of any EPF or EPS amount by way of submitting Form Nos. 19 and 10(C).

3. The opposite party No.2 filed its separate written statement and pleaded that the complainant has joined its organization as an employee by entering into an employment contact dated 5 February, 2010 in accordance with the terms and conditions. The opposite party No.2 is a public limited company registered under the Companies Act, 1956, is the provider of integrated Lifecycle Management (ILM) Support services for Technology products for original equipments manufacturers, EMS companies, distributors, large corporation and retail chains, also covers end to end services like Technical helpdesk, service centres, installation & commissioning, repair & refurbishment, technical training, E-waste recycling etc. The opposite party No. 2 has pleaded that as per the relevant provision of the PF Act the opposite party No.2 is bound to deposit 24% of basic salary of the employee in the PF department i.e. 12% of the basic salary shall be deducted from the employee's salary and the remaining 12% shall be contributed and deposited by the employer with the PF department and in this regards the opposite party No.2 has already deposited the amount vide requisite form/deposit slip with the PF department. At the time of joining of the complainant, his contribution in PF was to the tune of Rs.590/- per month and the same was deducted and deposited in a very professional manner with PF department alongwith the matching contribution from the employer of Rs.590/- per month. On 1^st April, 2011, the salary of the complainant was increased and in this regard an increment letter has been issued to him wherein his basic salary was revised to the tune of Rs.5300/- per month, thus the employee contribution and the employer contribution amount in accordance with PF and Miscellaneous Provisions Act, 1952 was revised to the tune of Rs. 636/- per month and in this regard the necessary form has already been filled with the PF department. As per PF and Miscellaneous Act and policy, the employee needs to submit the duly filled copies of form 19 and 10C to PF department in order to proceed further and to take reimbursement from the said department, which was very well understood and assented to by the complainant, but the complainant has neither submitted the above mentioned Form No. 19 and 10C before the said department nor informed the opposite party No.2 about it. As per the PF policy, the opposite party No.2 has received PF annual slip after the resignation of the complainant. The opposite party No.2 has provided all possible services and assistance to the complainant whenever he contacted and visited its office. The opposite party No.2 has further pleaded that it is not legally bound to disclose any information with respect to EPF number as the same is already mentioned in the salary slip, hence the allegations regarding the non confirmation of EPF number is totally unjustified and denied.

4. The parties have led their evidence in support of their respective pleadings.

5. Arguments heard. The record alongwith written submissions submitted by the parties perused.

6. The submission of the learned counsel for the opposite party Nos. 1,3 & 4 is that no Form No. 19 and 10-C have been submitted by the complainant with them. Therefore, the complaint against opposite party Nos. 1, 3 & 4 is premature. The learned counsel for opposite party Nos. 1, 3 & 4 has submitted that opposite party Nos. 1, 3 & 4 have placed on file complete account statements and monthly contribution details which show all details. As per section 6 of the EPF and MP Act 1952, contribution by employer and employee is 10% each. However, the said contribution may be 12% each in certain cases as provided in Section 6. As per opposite party No. 2, the amount was Rs. 590/- from February, 2010 to April, 2011 and Rs. 636/- from April, 2011 to April, 2012.

7. The learned counsel for opposite party No. 2 submitted that the complainant was appointed with opposite party No. 2 as Engineer and as per rules and regulations, the opposite party No. 2 was bound to deposit 24% of the basic salary of the employee in the PF account, out of which 12% of the basic salary was deducted from the salary of the employee, and the remaining 12% was contributed by opposite party No. 2 as per rules and regulations of EPF Act. The opposite party No. 2 has deposited its share in the provident fund account of the complainant and nothing is due. The learned counsel for the opposite party No. 2 further submitted that this Forum has no jurisdiction to entertain and try the present complaint as the complainant is neither a consumer nor he has availed any service of opposite party No. 2 against any consideration.

8. The opposite party No. 2 in para No. 5 of preliminary submissions in its written statement has pleaded that the complainant joined the organization of opposite party No. 2 on 5^th February, 2010 by entering into an employment contract dated 5^th February, 2010 in accordance with the terms and conditions set forth therein. The opposite party No. 2 in para No. 2 on merits in the written statement has pleaded that at the time of joining of the complainant, the contribution of complainant was to the tune of Rs. 590/- per month and the same was deducted and deposited with the PF department alongwith the matching contribution from the employer of Rs. 590/- per month. On 1^st April, 2011, the salary of the complainant was increased and accordingly the employee and the employer contribution amount in accordance with the PF and miscellaneous Provisions Act, 1952 was revised to Rs. 636/- per month and in this regard the necessary form has already been filed with the PF department. The opposite party No. 1, 3 & 4 in para No. 2 of their written statement have admitted that a sum of Rs. 21,501/- as balance in EPF account and Rs. 10,534/- as EPS balance are being shown in the ledger card of the complainant, but the submission of the opposite parties is that the complainant has not submitted Form No. 19 and 10-C with the PF department for withdrawal of any EPF or EPS amount.

9. A perusal of file reveals that the complainant has not placed any evidence on file to prove that he ever submitted Form No. 19 & 10-C with the PF department for withdrawal of his provident fund amount, but admittedly the contribution has been made by opposite party No. 2 in the PF account bearing No. DSNHP00185130000011514 of the complainant as per Ex. OP-3/2 placed on file by the PF department.

10. Thus, keeping in view the facts, circumstances and the evidence placed on file by the parties, this Forum is of the considered opinion that the complainant is entitled to the provident fund amount deducted by his employer from his salary and his employer's contribution alongwith interest, if any, as per rules/norms, after submission of necessary Form No. 19 and 10-C duly filled and signed by his employer or authorized official as the claim should be attested and forwarded by employer under whom the member was last employed and if the member is unable to send the application through the employer or duly attested by him, for any reason whatsoever he may forward the claim duly signed in the presence of any one of the following authorized officials and got attested over his official seal :-

    (i) Magistrate (ii) A Gazetted Officer (iii) Postmaster/Sub Postmaster (iv) President of the Village Union (v) President of Village Panchayat where there is no Union Board (vi) Chairman/Secretary/Member of the Municipal/District Local Board (vii) Member of Parliament/Legistative Assembly (viii) Member of Central Board of Trustees/Regional Committee E.P.F. (ix) Manager of the Bank in which the Saving Bank Account is mentioned (x) Head of any Recognised Education Institution (xi) Any authorized official as may be approved by the Commissioner.”

11. The complainant has alleged that opposite party No. 2 has not deposited his full share equal that of the employe with opposite party nos. 1, 3 and 4. The opposite party No. 2 has pleaded that the complainant has joined the organization on 5^th February, 2010 as an employee by entering in to an employment contract dated 5^th February, 2010 in accordance with the terms and conditions set forth therein. Hence, the prayer of the complainant seeking directions to opposite party No. 2 to make the payment of their share of EPF required to be deposited by them, cannot be allowed as these allegations and dispute are interse between the complainant and opposite party No. 2 as per agreement executed between them. Moreover, the complainant has not availed any service of the opposite party No. 2 against any consideration.

12. In view of what has been discussed above, this complaint is accepted against opposite party Nos. 1, 3 & 4 and dismissed qua opposite party No. 2. The complainant is directed to submit the Form No. 19 and 10-C duly filled and signed by his employer or any one of the aforesaid authorized official to the opposite party No. 1 , within 15 days from the date of receipt of copy of this order. The opposite party No. 1 is directed to pay the provident fund amount of the complainant to him deposited in his provident fund account No. DSNHP00185130000011514 with interest @ 9% p.a. since due till realization, within next 30 days.

13. The complete compliance of this order be made within 45 days from the date of receipt of copy of this order.

     

     

     

     

    14. A copy of this order be sent to the parties concerned, free of costs and the file be consigned to the record.

     

    Pronounced in open Forum

    06-12-2013

     

    (Vikramjit Kaur Soni)

    President

     

     

     

    (Amarjeet Paul) Member

     

     

    (Sukhwinder Kaur)

    Member