The complainant Inderjeet Singh (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against G.I Security Pvt. Ltd. and anothers (here-in-after referred to as opposite parties).
Briefly the facts of the complaint as pleaded by the complainant are that he was engaged as security guard by opposite party No.1 and was assigned duty with opposite party No.2 at Bathinda where he worked from April 2011 to November 2012.
It is alleged that opposite party Nos.1 and 2 were deducting amount from the salary of the complainant on account of Employee's Provident Fund and Employees Pension Scheme and were deposited the same with opposite party No.3 vide EPF account bearing No.DS/NHP0937003/000/0002407.
It is further alleged that since the services of the complainant are terminated. However, amount of EPF has not been paid to him.
Upon notice, none appeared on behalf of opposite party No.1. As such, ex-parte proceedings were taken against it.
Opposite party No.2 appeared through counsel and contested the complaint by filing written version and raised preliminary objections that the complaint is hopelessly time barred as the complainant has served from April 2011 to November 2012 and present complaint has been filed in the year 2020 after delay of 7 years. The complainant is not 'consumer' as per 'Act'.
On the other hand, opposite party No.3 has pleaded in its written version that the complainant never submitted PF withdrawal form No.19/10C after attestation from ex employer to it regarding PF code No.DS/NHP0937003/000/0002407 till date and accordingly, the complaint is premature and is liable to be dismissed.
In support of his complaint, the complainant has tendered into evidence documents (Ex.C-1 to Ex.C-5).
In order to rebut the evidence of complainant, opposite party No.2 tendered into evidence affidavit of Savinder Singh dated 30.9.2020 (Ex.OP-2/1) and other document (Ex. OP-2/2).
Opposite party No.3 tendered into evidence photocopy of ledger, (Ex.OP-3/1) and affidavit of B.K Verma dated 13.11.2020 (Ex.OP-3/2).
We have heard learned counsel for the parties and gone through the record.
It is admitted fact that the complainant remained employee with opposite party No.1 and he was deputed at the premises of opposite party No.2 w.e.f. April 2011 to November 2012 and EPF amount was deducting from his salary.
This Commission is of the view that although, the complainant has approached before this Commission after delay of 7 years. However, being consumer law being welfare legislation and without going into merits of case, present complaint is disposed off with the following directions:-
i) The complainant is directed to submit PF withdrawal form NO.19/10C with opposite party No.3.
ii) Opposite party No.2 is directed to attest form No.19/10C for onwards submission to opposite party No.3 for withdrawal of EPF amount.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.
Announced :
01-06-2023
(Lalit Mohan Dogra)
President
(Shivdev Singh)
Member
