Punjab

Fatehgarh Sahib

CC/51/2017

Ram Ashish Sah - Complainant(s)

Versus

Employs Provident Fund - Opp.Party(s)

In person

07 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 51 of 2017

                                           Date of institution :  24.08.2017                           

                                          Date of decision    :  07.09.2018

Ram Ashish Sah son of Kishan Sah C/o Dharampal H.No.115, Vishkrma Nagar, Block B, Sec-19, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib.

……..Complainant

Versus

1. Employees Provident Fund Organization, SCO 4 to 7, Sec-17-D, Chandigarh, through its Chairman/Secretary.
2. Union Bank of India, Branch Motia Khan, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib through its Manager.
3. Varun Castings Pvt. Ltd., through its Proprietor, village Misri Majri, Amloh Road, Mandi Gobindgarh.
4. Sh. Rajiv Kumar C/o Rudra Alloys Pvt. Ltd. through its Manager, village Ambe Majra, Mandi Gobindgarh District Fatehgarh Sahib.

…..Opposite Parties

Complaint Under Sections 12 to 14 of the Consumer Protection Act.      

Quorum

 Sh. Ajit Pal Singh Rajput, President                                   

 Sh. Inder Jit, Member

 

 

Present :  Sh. Ram Ashish, complainant in person.

               Sh.B.L. Bhardwaj, Adv.Cl. for OP No.1.

               Sh. S.K. Garg, Adv.Cl. for OP No.2.

               Sh. Manpreet Singh, representative for OP No.3.

               Opposite party No.4 exparte.

              

ORDER

 

By Inder Jit, Member

                 Complainant, Ram Ashish Sah son of Kishan Sah C/o Dharampal H.No.115, Vishkrma Nagar, Block B, Sec-19, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.               The complainant was working as a helper with OP No.3 and OP No.3 regularly transferred the installment amount to OP No.1 through EPF account No.389102010064042, UAN 100665144062 in the name of complainant.  The complainant applied for withdrawal of the amount of provident fund and moved an application with OP No.1. Thereafter, the complainant so many times visited the office of OPs No.1 & 2 and requested them to give the said amount of provident fund to the complainant, but OPs No.1 & 2 did not listen to the genuine requests of the complainant and put off the matter on one pretext or the other and lastly they refused to admit the claim of the complainant by saying that the amount was transferred in another account No.389102010064092 by mistake. The complainant was shocked to know that OP No.1 wrongly transferred the amount of Rs.11,952/- lying in EPF account and to pay the amount of Rs.6120/- lying in EPS account in another account No.389102010064092. The act and conduct of the OPs No.1 & 2 is a clear cut act of negligence as also deficiency in service on their part. Hence, this complaint for giving directions to the OPs to pay Rs.11,952/- lying in EPF account and to pay  Rs.6120/- lying in EPS account of the complainant which is wrongly transferred in account No.389102010064092 and further to pay Rs.20,000/- as compensations and litigation expenses.

3.               Notice of the complaint was issued to the OPs, but OP No.4 chose not to appear to contest this complaint. Hence, OP No.4 was proceeded against exparte.

4.              The complaint is contested by other OPs. In reply to complaint, OP No.1 stated that the complainant had applied to withdraw the amount lying in his PF account and his claim form-19 and Form-10C in r/o PF A/c No.PB/CHD/37862/208 were settled for an amount of Rs.11,952/-(EPF) and Rs.6,120/-(EPS) on dated 06.04.2017 and sent to his bank account number given by him in form No.19. It is further stated that OP No.2 has credited the subject amount to the member in his account without verifying his name.  OP No.2 has been requested by OP No.1 vide its letter No.A/S-5/PN/37862/208/932 dated 27.07.2017 and subsequent letter No.A/S-5/PN/37862/2081028 dated 22.09.2017, to either transfer and credit the said amount in the name of Ram Ashish Shah or refund back the amount to the account of EPFO i.e. OP No.1 to enable it to make the payment to Sh. Ram Ashish Shah. But OP No.2 has neither transferred the said amount in the credit of complainant's account nor has refunded the amount back to EPFO so far. There has been no intentional lapse on the part of any official of OP No.1 as the same has been sent through NEFT to the member's Bank account given by the member in PF withdrawal form. OP No.2 has erroneously and inadvertently credited the amount in the given account number without verifying the name of the member or his bank account. There is no deficiency in service on the part of OP No.1. After denying the other averments made in the complaint, OP No.1 prayed for dismissal of the complaint qua it.

5.              In reply to complaint, OP No.2 raised certain preliminary objections, inter alia, that the present complaint is not legally maintainable in the present form; the complainant has not come to the court with clean hands; the present complaint is bad for mis-joinder and non-joinder of necessary parties; the complaint is false, frivolous, fictitious and vexatious and the complainant has neither any  cause of action nor any locus standi to file the present complaint. As regards the facts of the complaint, OP No.2 stated that the complainant is having saving bank account No.389102010064042 with it and the same was opened with Rs.1/- only on 23.10.2015 and the complainant is not maintaining/operating the said account. On 18.05.2017 a sum of Rs.200/- only was deposited in cash by the complainant in the said bank account. OP No.1 & 3 never transferred any alleged installment amounts in the account of the complainant with OP No.2.  The bank has no concern or connection with the alleged provident fund of the complainant.  It is further stated that the claim of the complainant, if any, is to be settled by OPs No.1 and 3 only and not by OP No.2. There is no illegality committed on the part of OP No.2. After denying the other averments made in the complaint, OP No.2 prayed for dismissal of the complaint qua it.

6.              OP No.3 filed the reply in the shape of letter dated 23.10.2017, in which OP No.3 stated that Sh. Ram Ashish Sah was their Ex-employee. The company had filled his provident fund and pension fund withdrawal forms but complainant has not received his claim amount and when he contacted the P.F office at Chandigarh to know his claim status, then P.F concerned authority told him that OP No.3 had sent the claim but the bank has not credited the amount in his bank account number.

7.              In order to prove his case, the complainant tendered in evidence his affidavit Ex. C-1 along with documents Ex. C-2 to C-8 and closed the evidence. In rebuttal OP No.1 tendered in evidence affidavit of Tej Partap Singh Yadav Ex. OP1/1, withdrawl form F-19, Ex. OP1/2, copy of adhaar card of complainant OP1/3, attested copy of pass book Ex. OP1/4, form 3-A Ex. OP1/5, attested copies of claim status Ex. OP1/6 and Ex. OP1/7, true copy of inter office note Ex. OP1/8, details of statement of account Ex. OP1/9 to Ex. OP1/12, true copy of letter dated 25.01.2018 and 22.09.2017 Ex. OP1/13 and OP1/14 and closed the evidence.  OP No.2 tendered in evidence affidavit of Sh. J.P.Singh, Chief Manager Ex. OP2/1 and closed the evidence. OP No.3 tendered in evidence KYC approved detail Ex. OP3/1, letter Ex.OP3/2 and closed the evidence.

8.              During the course of oral arguments, the complainant himself prayed in his own language for acceptance of complaint while ordering the OPs to pay his claim amount(EPF and EPS) without further delay along with interest and compensation for harassment etc.

9.              Ld. counsel for OP No.1 argued that the claim form-19 submitted by OP No.3 carried wrong account number i.e. 389102010064062 of the complainant, whereas the actual account number is 389102010064042. Since a wrong account number had been conveyed by OP No.3, the company, where the complainant had been working, credited the claim amount to a wrong account number. Ld. counsel further argued that when the mistake came to the notice of EPF authorities, process to recover the amount from the concerned provident fund member was started. He further informed that about Rs.11168/- has been accumulated in the account of the aforesaid member and when the whole amount payable to the complainant shall stand accumulated in the said account, the claim amount of complainant shall be transferred to his account. He prayed for dismissal of complaint.

10.            Ld. counsel for OP No.2 argued that OP-2 never received any payment from OP No.1 or OP No.3 for transferring the same in the account of complainant and hence OP No.2 is not liable to make any payment to the complainant. Ld. counsel further stated that EPF organization had once deposited Rs.11952/- (EPF) and Rs.6120/-(EPS) in account no.389102010064062 of OP No.4 who is working as a labourer in Rudra Alloys Pvt. Ltd., Ambey Majra, Mandi Gobindgarh. OP No.4 is also a member of EPF. Ld. counsel prayed for dismissal of complaint against OP No.2.

11.            Representative of OP No.3 argued that, no doubt, while submitting the claim form of the complainant with the EPF organization (OP-1), account number of the complainant was erroneously written as 389102010064062 instead of 389102010064042. OP No.1 accordingly transferred the amount of the complainant in this given account number. Representative of OP No.3 further argued that the claim form was accompanied by a cancelled cheque of the complainant carrying account number and a photocopy of first page of passbook of the complainant which also carried the actual account number of the complainant. These documents are attached with the claim form as per EPF organization instructions. Claim form carries another information w.r.t. UAN, name of the employee with his address etc. OP No.1 should have, thus, transferred the money after verifying the whole information given in the claim form but it did not do so. KYC of the complainant was also available with OP No.1. Representative of OP No.3 vehemently argued that OP No.1 is liable to recover the amount (Rs.11952/- + Rs.6120/- = Rs.18072/-)transferred in the account of OP No.4 erroneously and pay the same to the complainant. He prayed for acceptance of complaint against OP No.1.

12.            We have gone through the written arguments, evidence placed on record and heard oral submissions of Ld. counsel for the parties and representative of OP No.3. We find force in the submissions made by the representative of OP No.3. It is evident that OP No.1 transferred the amount payable to the complainant in the account of OP No.4 without verifying carefully the account number and other information given in the claim form. It is surprising that when the mistake came to light the EPF authorities did not initiate any action to recover the erroneously transferred amount from OP No.4. In this way OP No.1 has committed deficiency in service. Hence, we accept this complaint against OP No.1. OP No.1 is directed to release the due payment to the complainant in respect of his EPF-Rs.11,952/- + EPS- Rs.6120/- totaling Rs.18,072/- along with interest @ 8% per annum from the date of payment became due till its payment within 30 days from the date of receipt of copy of this order. Complainant is also held entitled to compensation on account of harassment, mental agony etc together with litigation charges to the tune of Rs.5,000/-. OP No.1 is at liberty to recover the amount of Rs.18,072/- from OP No.4, erroneously transferred in his account, on his own in the manner it deems fit. The order be complied within 30 days from the date of receipt of certified copy of this order.

13.           The arguments on the complaint were heard on 30.08.2018 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 07.09.2018

(A.P.S.Rajput)                      

    President

 

 

 (Inder Jit)             

     Member