DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint No. 263
Instituted on: 07.06.2018
Decided on: 31.05.2019
Avtar Singh aged about 25 years son of Gurcharan Singh, resident of Vada Darwaja, Village Ubhawal, District Sangrur.
…. Complainant.
Versus
1. Employees Provident Fund Organization, Phase I, Urban Estate, Near Doordarshan Tower, Bathinda through its Regional Provident Fund Commissioner.
2. Employees Provident Fund Organization, SCO 13, Kaula Park, Sangrur through its Employee Provident Fund Inspector.
3. Shri Balaji Manpower Services, B-11, Plot No. 171 & 172, Lions Park Apartments, Hanuman Nagar Ext. Jaipur (Rajasthan) 302012 through its M.D.
….Opposite parties.
FOR THE COMPLAINANT: Shri Saurav Garg, Adv.
FOR OPP. PARTY 1 &2 : Shri S.S.Bal, Adv.
FOR OPP.PARTY 3 : Exparte.
Quorum
Vinod Kumar Gulati, Presiding Member
Mrs. Manisha, Member
ORDER:
Vinod Kumar Gulati, Presiding Member
1. Shri Avtar Singh, complainant (referred to as complainant in short) has filed the present complaint against the opposite parties (referred as Ops in short) on the ground that the complaint was appointed in Shri Bala Ji Menpower Services as field Executive with his initial posting at Sunam and offer of appointment bearing letter no. SBHS/HRD/FC/ 2015/426 dated 21.09.2015 was issued to the complainant and in this manner the complainant was employed with Bala Ji Manpower Services. The salary of the complainant also included EPF contribution which included “Employer PF Contribution @13.36%= Rs.962/- “ and Employee PF Contribution @ 12% = Rs.864/-“. The complainant was doing his job to earn his livelihood and is also consumer of Ops number 1 and 2 due to regular contribution towards Employees Provident Fund.
2. Further the services of complainant were revised and the place of posting of complainant was shifted from Sunam to Dhuri and fresh Offer of appointment bearing letter no. SBMS/HRD/FC/ 2015/658 dated 01.01.2016 was issued to complainant. Salary also included “Employer PF Contribution @ 13.36% = Rs.1019/-“ and “Employee PF Contribution @ 12% = Rs.915/-“ and in this manner the total PF contribution per month came to Rs.1934/-. The complaint was doing his job to earn his livelihood and is also consumer of Ops due to regular contribution towards Provident Fund. Further during the continuation of employment of the complainant under OP No.3, the complainant on 15.07.2016 received Rs.4803/- in his account as his Employee Provident Fund to the a/c no. of 50100104488631 of complainant which was the Provident Fund of the complainant for the first period of services from 01.09.2015 till 31.12.2015 and in this manner the complainant received his Employee Provident Fund for the said period of four months from the office of OP no.1 and 2.
3. Further that the complainant continued work for OP no 3 from 01.01.2016 till April 2017 at Dhuri. The complainant submitted his resignation on 28.04.2017 which was later on accepted by the OP no.3 The complainant in this manner worked for a period of 16 months in the employment of OP no.3 i.e. from 01.01.2016 till 30.04.2017. Further the complainant number of times visited the respective offices of OPs for payment of his Employee Provident Fund which was contributed during his employment with OP no.3. After visiting the respective offices finally on 12.09.2017 an amount of Rs.5499/- were credited to account number 50100104488631 of complainant whereas in fact as per the calculation of contribution made by both the employer and employee the employee Provident Fund of complainant comes to approximate Rs.30,944/- plus interest. The complainant after receiving the petty amount of Rs.5499/- again visited the respective offices of Ops, but the Ops use to put off the matter by saying that his remaining EPF will be credited soon but till date it has not been credited to the bank account of complainant. Further the complainant is also entitled to interest on his Provident Fund from the date of 1st contribution which was made from his salary for the month of January 2016 till the continuation of his services till April 2017 and further interest on entire amount of Provident Fund from April 2017 till the date of actual payment. That this act of non payment EPF of complaint is on clear unfair trade practice on the part of OPs and is also a great deficiency in service. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to make the payment of Rs.25,445/- along with interest @ 12% per annum from April 2017 till date of payment, to make the payment of interest @ 12% per annum on the contribution made from the salary of the complainant from date of first contribution i.e. January 2016 till April 2018 and further claimed compensation and litigation expenses.
4. In reply filed by OP number 1 and 2, preliminary objections are taken up on the grounds that the complaint is false and frivolous, that the complaint filed by the complainant is not maintainable as all as he has not mentioned his PF account number in his complaint, which is very much necessary. On merits, it is stated that since the complainant has not mentioned his PF account number in his complaint, as such, the complaint is not maintainable and the documents relied upon by the complainant has no value in the eye of law. The complainant is bound to furnish and provide PF account number as required by the Ops and only then the matter can be proceeded with, as such, it is stated that there is no deficiency in service on the part of the Ops.
5. Record shows that the OP number 3 was proceeded against exparte.
6. The complainant has produced Ex.C-1 to Ex.C-6 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP number 1 and has produced Ex.OP1&2/1 affidavit and Ex.Op1/2 authority letter and closed evidence.
7. We have perused the complaint, version of the Ops and the documents produced on the file. No party has produced written arguments.
8. It is admitted facts between the parties that the complainant served OP no.3 on two occasions i.e. from 01.09.2015 to 31.12.2015 and 01.01.2016 to 30.04.2017 and was regularly contributing to PF to the concerned organization. Further, he received the payment of Rs.4803/- in his bank account from the EPF organization. We have gone through the reply of the OP.no.1 &2 and have observed that the OP number 1 and 2 denied the payment of the complainant on the ground on not having his PF account number, which in fact is already with the OP no.1&2 as they again used his PF account number for crediting amount of Rs.5499/- to his bank account. It is worth mentioning here that the Ops number 1 and 2 in their written reply nowhere has denied that the amount of Rs.25,445/- is not payable to the complainant. Therefore, the submission of OP no.1 and 2 for not paying/crediting the due PF amount to the complainant on the plea of not knowing the PF account number of the complainant is not tenable and as such, the OP numbers 1 and 2 are deficient in service on this account.
9. As the sequel of the above discussion, the complaint of the complainant is allowed with the direction to the OP numbers 1 and 2 to pay to the complainant an amount of Rs.25,445/- along with interest prevailing between the period from 01.01.2016 to 30.04.2017 and interest @ 9% per annum from 30.04.2017 onwards on the due amount till full payments. Further, OPs number 1 and 2 are directed to pay to the complainant an amount of Rs.20,000/- as compensation on account of mental pain, agony and harassment and litigation expenses. This order of ours be complied with within 45 days of its communication. A copy of this order be issued to the parties and file be consigned to records.
Pronounced.
May 31, 2019.
(Vinod Kumar Gulati)
Presiding Member
(Manisha)
Member
