1. The brief fact of the case of complainant is that he is an EPF subscriber having no. ORBBS00063070000001635 under the O.P. No.3 through the O.P. No. 1 & 2 and an amount of Rs. 21,228/- and Rs. 10,664/- were deducted towards his contribution for the period from 2016-17 & 2017-18.  The allegations of complainant is that in the year 2017, he applied for financial benefits out of his total contribution with the O.P. No.3 with due procedure but due to remittance of such amount into the account of the O.P. No.2 vide SB A/c No. 10403447855, the applied amount were not disbursed to him and on enquiry with the O.P. No.1 & 2, they did not respond properly, thus being suffered from mental agony and financial loss, he filed this case with a prayer to direct the O.Ps to credit the total contribution amount and to pay Rs. 50,000/- and Rs. 10,000/- towards compensation and costs.

2. O.P. No. 1 appeared through his Ld. Counsel, filed their counter version admitting the engagement of complainant in their organization through O.P. No.2 and the deduction of EPF subscription with the O.P. No.3, but denied the allegations contending that without neglecting for payment, they were paying EPF 13.36% and ESI 4.75% of the wages of the complainant to the O.P. No.2 and it is the duty of O.P. No.2 & 3 to look into the matter, and with other contentions, showing their no liability, they prayed for dismiss.    

3. O.P. No.2 though received the notice sent through R.P. vide R.L.No. RO900235677IN dated 07.02.2020, but did not choose to appear in this case, as such we lost opportunities to hear from him and the allegations made against him remained unrebutted and unchallenged.
    
4. O.P. No.3 though received the notice sent through R.P. vide R.L.No. RO900235632IN dated 07.02.2020, but did not choose to appear in this case, as such we lost opportunities to hear from him and the allegations made against him remained unrebutted and unchallenged.

5. During hearing, only complainant and A/R for O.P. No.1 were present, rest O.Ps were absent, as such we heard only from parties present.  Perused the record and material documents available therein.

6. It is an evidentiary fact that the complainant was engaged in the organization of O.P. No.1 and was a EPF subscriber under the O.P. No.3 through the O.P. No.2 having EPF A/c no. ORBBS00063070000001635. Complainant filed document to that effect.  Complainant alleged that an amount of Rs. 21,228/- & Rs. 10,664/- towards employees share and employer’s share were deducted for the period of 2016-17 & 2017-18 and deposited in his EPF A/c and during his need, the same were not disbursed to him by the O.P. No.3 with the plea that such amounts have been credited into the SB A/c of O.P. No.2 vide A/c no. 10403447855.  Complainant also filed documents to that effect.  Whereas the contention of O.P. No.1 is that they have not neglected for payment and were paying EPF 13.36% and ESI 4.75% of the wages of the complainant to the O.P. No.2 and it is the duty of O.P. No.2 & 3 to look into the matter.  Since the O.P. No.2 & 3 did not choose to appear in this case throughout the proceeding, we lost every opportunities to hear from them, for which the allegations made against O.P. No.2 & 3 remained unchallenged.  In this connection, we have fortified with the Judgement of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another that “Unrebutted averments shall be deemed to be admitted.”

7. Further it is ascertained from the documents filed by the complainant that the an amount of Rs. 21,228/- & Rs. 10,664/- towards employees share and employer’s share were deducted for the period of 2016-17 & 2017-18 and deposited in his EPF A/c and such amounts have been credited into the SB A/c of O.P. No.2 vide A/c no. 10403447855, which is not to be happened, as the said amounts were the hard earnings of the complainant and also a contribution to his future life, over which complainant has legal rights.  Further it is the duty on the part of the O.P. No.3 to release the subscribed amount in to the account of actual beneficiary, but without verifying the documents, the O.P. No.3 simply released the subscribed amount into the account of O.P. No. 2, which in our view, is not justified.   It is also a matter of surprise, how and why the O.P. No.3 has credited such amount into the account of O.P. No.2, whereas the O.P. No. 2 has no right over the same.  Further it is the duty on the part of the O.P. No.2 that whenever such amount was credited into his account, he was supposed to release the same in favour of the complainant, but without doing so, the O.P. No.2 kept silent over a period.  And in our view, both the O.P. No.2 & 3 are liable to compensate the complainant.

8. Considering the above observations, the complainant is entitled to get back his share of EPF subscription alongwith employers share.  In our view, a sum of 5,000/- towards compensation and Rs. 2,000/- towards costs of litigation will meet the ends of jutice.  Hence this order.

                                                                                                                         ORDER

        The complaint petition is allowed in part.  O.P. No. 2 is herewith directed to refund the entire amount of Rs. 21,228/- and Rs. 10,664/- in total Rs. 31,892/- with simple interest @ 6% p.a. from the date 23.06.2017 till the date of this order, within 45 days from the date of receipt of this order, failing which the entire amount shall carry interest @ 9% from 23.06.2017 till payment.  Further the O.P. No. 3 is herewith directed to pay Rs. 5,000/- towards compensation for causing mental agony and financial loss and to pay Rs. 2,000/- towards costs of litigation to the complainant within 45 days from the date of receipt of this order, failing which the entire amount shall carry interest @ 9% from 23.06.2017 till payment.  Since no specific allegation made out against the O.P. No.1, no order against them.

        Pronounced the order in the open Commission on this the 25^th day of November, 2021.

        Issue free copy to the parties concerned.