Orissa

Rayagada

CC/20/2014

Alok Kumar Sinha - Complainant(s)

Versus

M/s IBM Daksh Busines Process Services Pvt, Ltd - Opp.Party(s)

Self

02 Sep 2014

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,

                                                                 STATE:ODISHA,  PIN  NO.765001,  PHONE/FAX                  

 NO.06856-223025.

                                     ....                                  

                                              C.C. Case  No..20/ 2014.

                                          Dated.  13^th October., 2014.                             

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                    Member

 

            Sri Alok Kumar Sinha, S/o Sujrendra Kumar Sinha,

            Resident of Hathipathar Road, Near Medical Colony,

            Rayagada, Po/Ps/Dist.Rayagada.

                                                                                                …….Complainant

                                                            Vrs.

1. M/s IBM Daksh Business Process Services Pvt. Ltd.,

Jail Road, Visakhapatnam, PO/Ps/Dist. Visakhapatnam, Andhra Pradesh.

 

2. Asst. Provident Commissioner, Visakhapatnam, PO/Ps/Dist. Visakhapatnam,

 Andhra Pradesh.                                                                                                                                                                                 …..Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.P. 1: Exparte

For the O.P.2: Sri K.Ch.G.S.Kumandan, Advocate, Rayagada.

                                                            JUDGMENT

1.                     The facts of the complaint  in brief is that the complainant was  an employee of the Opp.Party No.1 and he was resigned  from the post of Team Member  which was duly acknowledged by Opp.Party No.1 and confirmed by the H.R. Manager w.e.f 30.08.2011. The complainant was regularly contributing to E.P.F AP/V.P/55068.2611  by way of deductions as per the pay slip  from the month of June,2011. The complainant worked for 18 months and he has contributed @ Rs.232.00  in some month and more than that in other months ranging from his salary drawn by every month. After his resignation he has applied for refund of the P.F money deposited every month  which is maintained b y the Opp.Party No.2 but the amount has not paid to the complainant  for which the complainant suffered with financial loss and \mental agony due to the inaction of the Opp.Parties  for its repayment. Hence, prayed  to direct the Opp.Parties  to take immediate action for its repayment  with up to date interest  and award compensation for mental agony and financial loss along with cost of litigation  and  such other relief as the forum deems fit and proper for the interest of justice.

2.                     On being noticed the Opp.Party No.2 appeared through their Counsel  Sri K.Ch.G.S.Kumandan, Advocate, Rayagada and filed written version. Notice issued to the   Opp.Party No.1 which was returned back and second time notice was issued in his Corporate office as per the address furnished by the complainant which was also returned back with postal endorsement ‘ refused’ . Hence, the forum presumed notice is sufficient to  the Opp.Party No.1  as he refused to receive  and as such he was set exparte. 

                        In its reply, the Opp.Party No.2  has stated that the complainant is supposed to make a claim in Form No.19 & 10-C, duly filled in and attested by the authorized  signatory of the establishment. It is seen from the records of this office that no such claim has been made by the complainant. As per Para 72(5)(a) of the Employees Provident Fund and Miscellaneous Provisions Act,1952, “ It is the duty of the employer to get the claim application for payment of provident fund in case the employee leaves service and to submit the duly filled in and attested claim within five days of its receipt to the Commissioner or any other officer authorized by him in this behalf”. The complainant instead of following the required procedure  laid down to claim the EPF and EPS amount  has filed a complaint against the Opp.Party No.2 and requested the Forum to direct the complainant to submit the duly filled in attested claim  in the office of the Opp.Party No.2  to enable the opposite party to settle the P.F account of the complainant and requested  to dismiss the complaint as there is no deficiency of service on the part of the Opp.Party No.2.

                                                            FINDINGS

 As the opposite party  No.1 remained silent and did not file any written , we proceeded  the matter exparte. We remained in dark whether the Opp.Party No.1 after deducting the amount from the salary of the complainant  has duly  deposited the PF amount to the Opp.Party No.2. As per the written version of the Opp.Party No.2 it is clear that neither the complainant nor the Opp.Party No.1 has applied for PF amount and they have stated that  it is the duty of the employer to get the claim application for payment of provi8dent fund  in case the employee leaves service  and to submit the duly filled  in  within five days of its receipt to the PF Commissioner but in this case the employer i.e. the Opp.Party No.1 has remained silent over the matter  in spite of repeated requests of the complainant.

In the aforesaid findings it is clear that, the Opp.Party No.1 is  solely responsible  for payment of PF amount of the complainant . He has not filed his reply, under what circumstances he has neglected for payment of the PF amount of complainant though he has deducted the amount from the salary of the complainant. In view of the above facts and circumstances,  we found guilty from the side of the Opp.Party No.1 and we do not found any fault from the side of Opp.Party No.2.Hence, we pass the following order for compliance by the Opp.Party No.1.

                                                              ORDER

                        The  opposite party No.1 –IBM, Daksh Business Process Services Pvt. Ltd., Visakhapatnam is directed to take immediate step to  refund  the PF amount which was deducted by him every month from the monthly  salary  of the complainant for 18 months. He is further directed to pay compensation of Rs.5,000/- towards mental agony which includes litigation costs to the complainant .  The above order is to be complied by the Opp.Party No.1 within one month from the date of receipt of this order, failing which the O.Ps are liable to pay  penal  interest  @  12%  p.a. on the above awarded amount till  the date of payment. We do not pass any order against Opp.Party No.2.

                        Pronounced in open forum today on this 13^hday of Oct.,2014 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

 

Member                                                                                               President

Documents relied upon:

By the complainant:

1. Re-relieving  letter.
2. Claim against PF.
3. Letter to HR for approval of resignation.
4. Pay Slip of  complainant.
5. Photo copy of complainant with IBM  India Logo.

By the Opp.Party: Nil

 

                                                                                                 President