Punjab

Sangrur

CC/418/2017

Hardeep Singh - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Sh.Parul Chawla

19 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

 

                                                               

                                                Complaint No.  418

                                                Instituted on:    18.08.2017

                                                Decided on:       19.12.2017

 

Hardeep Singh son of Maru Singh @ Jasvir Singh R/O Street No.2, Sunder Basti, D.C. Kothi Road, Sangrur.

                                                        …Complainant

                                Versus

1.             HDFC Bank, Kaula Park, Sangrur through its Branch Manager.

2.             Ram Outsourcing Private Limited Company, 1145-A, Sant Nagar, Ladowali Road, Jalandhar through its MD.

3.             Employment Provident Funds Organization, Ministry of Labour and Employment, Government of India, Regional Office, SCO 4-7, Sector 17-D, Chandigarh through its Assistant Provident Fund Commissioner.

4.                     Employment Provident Funds Organization, Ministry of Labour and Employment, Government of India, Sub Regional Office, 171, Green Park, Sahota Complex, Second Floor, Near Bus Stand, Jalandhar through its Regional Provident Fund Commissioner.

                                                        ..Opposite parties.

 

For the complainant  :       Shri Parul Chawla, Adv.

For Opp.Party No.1  :       Shri S.S.Punia, Adv.

For OP No.2             :       Exparte.

For OP NO.3&4                :       Shri S.S.Bal, Advocate.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

               

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Hardeep Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant worked as Facility Attendant at the ATM of OP number 1 in front of Gate No.2, Police Sangrur Sangrur from 3.8.2010 to 30.11.2015 and during this period he was allotted EPF account number LDJAL-22629-2375 and necessary deductions were made as he was working under the control of the OP number 2.  The grievance of the complainant is that his father name is Maru Singh alias Jasvir Singh and in this respect, the complainant gave affidavit.  The case of the complainant is that he applied for withdrawal of the amount of Provident fund to the OP number 3 and 4, but the same has not been made despite repeated visits. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to pay to the complainant the amount of Rs.80,000/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.             In reply filed by OP number 1, preliminary objections are taken up on the grounds that the complainant has unnecessarily dragged the OP into unwanted litigation and that the complainant has got no locus standi and cause of action to file the present complaint. On merits, the allegations levelled in the complaint have been denied on the ground that no EPF was ever deducted by OP number 1.  However, it is stated that the OP number 1 hired the services of OP number 2 and it is stated that there is no liability of the OP number 1 towards the complainant.

 

3.             In reply filed by OP number 3 and 4, preliminary objections are taken on the grounds that the complainant has not come to the Forum with clean hands, that the complainant till today has not submitted his application cum form for the release of EPF amount along with required documents and the OP vide letter number SRO/JAL/PGHS/File No.71/6593 dated 27.9.2016 requested the complainant to submit a joint declaration for getting change in the father’s name of the complainant along with attested copies of the identity proof i.e. Aadhar card/voter card/PAN card/bank account pass book etc. and the claim form duly attested from the employer. On merits, it is admitted that the complainant is a member of EPF and was allotted the account number and contribution was received from 10/2011 to 11/2015. However, it is stated that the complainant has not submitted any form till today for withdrawal of the amount. The other allegations levelled in the complaint have been denied in toto.

 

4.             Record shows that the OP number 2 was proceeded against exparte.

 

5.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-22 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP number 1 has produced Ex.OP1/1 affidavit and closed evidence. The learned counsel for OP number 3 and 4 has produced Ex.OP3&4/1 affidavit along with documents authority letter, copy of letter dated 22.9.2016 and 27.9.2016 and closed evidence.

 

6.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

7.             At the outset, it is an admitted fact of the complainant as well as the OPs number 3 and 4 that he is the subscriber of the OPs number 3 and 4 through  OP number 2, as such it is on record that he is the employee of OP number 2 and has to do nothing with the OP number 1.  A bare perusal of the written reply filed by OPs number 3 and 4 is that the complainant never submitted the claim nor applied for withdrawal  of the PF amount lying in his account.  It is further written in the written reply that though the OP number 2 sent reply vide letter bearing number SRO/JAL/PGHS/file No.71/6593 dated 27.9.2016 with a request to submit a joint declaration for getting change in the father’s name of the complainant along with attested copies of the identity proof i.e. Aadhar card/voter card/PAN card/Bank account pass book, whereas the case of the complainant is that his father name is Maru Singh @ Jasvir Singh.  It is worth mentioning here that in the record of the OPs number 3 and 4 the name of the father of the complainant is Jasvir Singh and not Maru Singh, as is evident from the copy of letter dated 27.9.2016, Ex.C-12, whereby the Assistant PF Commissioner advised the complainant to submit the form duly attested by the employer, bank account number, aadhar card number, PAN card etc.  Ex.C-16 and Ex.C-17 are the copies of the form number 19 and 10-C, wherein it is clearly mentioned his father name as Maru Singh, but the form is not attested by the Employer of the complainant i.e. OP number 2.  Now, we feel that since the complainant has not submitted the complete forms to the Ops number 3 and 4 for withdrawal of the dues supported by the necessary documents, as such, we are of the considered opinion that the ends of justice would be met if the complainant is directed to resubmit his claim forms i.e. form number 19 and 10-C duly countersigned/attested by the employer i.e. OP number 2 or from any other authority competent to sign the same along with necessary documents. 

 

 

8.             In view of our above discussion, we allow the complaint partly and direct OP number 4 to provide the necessary forms to the complainant for claiming the amount and that thereafter after completing the same, the complainant shall submit the documents to OP number 4 duly attested by OP number 2/or any other competent authority to sign the same, under proper receipt and that thereafter the OP number 4 shall decide the claim of the complainant within a period of thirty days of its submission to OP number 4.  It is made clear that if the complainant still remains unsatisfied, then it is open for him to again approach this Forum for redressal of his grievance, if any.  In the circumstances of the case, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        December 19, 2017.

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

                                                             

                                       

                                                                (Sarita Garg)

                                                                    Member