Date of Filing-20.3.2012
Date of Disposal- 5.2.2014
O R D E R
Mrs.Minati Pradhan,Member
The gist of the case of the complainant is that the complainant was working as a Sales Department Manager under the Opposite Party Nos.1 to 3 bearing employee code No.20608 and posted at Cuttack on 10.9.2007. He was transferred to Berhampur Branch of the O.Ps No.1 to 3 and continued till 31.12.2010 and he was relieved from Berhampur Branch on 31.10.2010. During the service period from 10.10.2007 to 31.12.2010 there was deduction of P.F. and P.T from his
2
salary. He left the service of Opposite Party No.1 to 3 on 31.12.2010 and thereafter applied for withdrawal of his P.F. dues but the Opposite Party Nos.1 to 3 remained silent in the matter. On 11.8.11 he received a message from the P.F department of O.Ps No.1 to 3 wherein it was informed that the P.F. amount was kept in their Trust and would be transferred to P.F.Commission,R.P.F.C.,Bandra(O.P.No.4) and the withdrawal process would take atleast 3-4 months. In this regard the complainant served a legal notice for early settlement of the claim, but that did not yield any result. Hence, this case for getting refund of his contribution of Rs.35,750/- along with employer’s contribution of equal amount with interest @12% per annum and compensation of Rs.10,000/- for the negligence, deficiency in service on the part of the Opposite Parties in settling the claim of the complainant. The complainant has filed certain documents in support of his case which are placed on record.
2 The Opposite Party Nos.1 to 3 entered their appearance through their learned counsel and filed the written version jointly. The Opposite Party No.4 also put its appearance through learned counsel and filed written version. The Opposite Party Nos.5and 6 despite receipt of notice did not appear or file written version and they were set ex-parte on 11.7.2013.
3 The Opposite Party Nos.1 to 3 in their written version has not disputed the working of the complainant under their organization for the period from 10.9.2007 to 31.12.10. It is also not disputed that the complainant was the member of the then HDFC Standard Life Employees P.F.Trust and he was allotted with a P. F. Account No.MH/BAN/211273/21057. His total contribution for the period of his service comes to Rs.43,475/- without interest towards P.F. Accumulation and Pension Accumulation without interest of Rs.19455/-. For the settlement of the claim of the complainant it is clarified that the complainant was the member of the HDFC Standard Life Insurance Co. Ltd. Employees P.F. Trust which was recognized as per the provision laid down in Schedule IV Part-A of the Income Tax Act,1961 and the provisions of The P.F. and Miscellaneous Provision Act,1952 along with the Pension scheme was not applicable to the members and later as per the directives of Ministry of Labour the O.Ps company were covered under its purview. However, it is stated that to avoid further delay for granting exemption to maintain an exempted trust , the O.Ps company surrender the trust to the Regional P.F. Commissioner, Bandra, Mumbai(O.P.No.4) w.e.f. Nov.,2010 contribution payable by December,15,2010. It is further stated that the settlement of P.F. and pension dues of the complainant was sent ;to them on 29.4.11 much after the date of surrender of the trust to the appropriate authority and started
3
accepting the forms of settlement effective from January,12,2012 and the forms are being accepted on a per day basis submitted to the O.P.No.4. The form of withdrawal of the complainant was submitted to the O.P.No.4 on Feb.,2,2012. Since the process of such transition is time consuming given the vintage of the trust, the settlement would have to be effected by the O.P.No.4. It is ,thus, contended that there is no deficiency in service on their part in settlement of the claim of the complainant and the case against them is liable to dismissed.
4 The Opposite Party No.4 filed its written version wherein it is stated that the amount of P.F. was maintained by O.P.No.1 the P.F. matter was resolved after the competent authority had issued order on 4.5.2012. The establishment was allotted P.F.Code NO.MH/211273 and all the securities was transferred in favour of O.P.No.4. However, it is contended that the settlement of claim would be processed if the complainant submit the P.F. and F.P. Claims in Form No.19 and 10C.
5 During the pendency of the case the Opposite Party No.4 remitted the P.F. dues of the complainant. However, the complainant claims interest for the period from 1.1.2011 till 18.2.2013 . It is a fact that the Opposite Party no.1 to3 had kept the deducted amount towards P.F. when there is no specific order of the authorities which is seem to be arbitrary action of the Opposite Party No.1 and 3. Therefore, the complainant is entitled to get the interest as claimed by him since the complainant has sustained financial loss and harassment due to unfair trade practice adopted by the Opposite Party No.1 and 3. Hence, we allow interest for the period from 1.1.2011 to 18.2.2013. The rate of interest is assessed at 9 % per annum.
6 It is further claimed by the complainant that the complainant had opened Account with the Opposite Party No.5 and 6 under the instructions of Opposite Party No.1 to 3 company in zero balance. After the resignation of the complainant the Opposite Party No.5 and 6 deducted a total sum of Rs.3517.50 without any reason given to complainant. When the accounts of the complainant belongs to zero balance category, the deduction of a total sum of Rs.3517.50 on two occasions are seemed to be illegal and unjustified. The Opposite Party No.5 and 6 despite receipt of notice of the Forum did not prefer to give reason for such deductions. Therefore, we feel it justified to refund the deducted amount of the complainant by the Opposite Party No.5 and 6.
7 In view of the foregoing discussions, we allow the case of the complainant and direct the Opposite Party Nos.1 to 3 to pay interest for the period from 1.1.2011 to 18.2.2013 on a sum of Rs.71,633/-(Rupees seventy one thousand six hundred thirty three) at the rate of 9 % per annum
4
to the complainant. We further direct the Opposite Party Nos. 5 and 6 to refund Rs.3517.50 to the complainant. The above amount has to be paid by the Opposite Parties to the complainant within a period of 2 months from the date of receipt of this order.
The case is disposed of accordingly without any order as to cost.
Dictated and corrected by me on this 5th day of February,2014
I AGREE(MEMBER) MEMBER
