Haryana

Kurukshetra

CC/40/2022

Om Parkash S/o Phool Singh - Complainant(s)

Versus

RPF Commissioner - Opp.Party(s)

Shekhar Thakur

09 Feb 2022

ORDER

Om Parkash Versus  The Regional Provident Fund Commissioner  etc.

Present: Sh.Shekhar Thakur  Advocate for the complainant.

ORDER:

                Heard on the maintainability of the present complaint.

2.             In brief the complainant   has filed the present complaint alleging that  he is employed as Maintenance Helper in the OP No.1’s  firm i.e. BlueShield Protection  Network Private Limited, B-4/45, Safdarjung Enclave, New Delhi and posted upon area Nilokheri District Karnal since 1.5.2016. The complainant was enrolled under EPF scheme  maintained with office of OP No.2 with EPF account NO.DL-39383-11306 and his UAN NO.100260826267. It is submitted that name of father of complainant under such aforesaid Account  No. was written as “Sh” instead of real and actual name is Phool Singh by the officials of OP No.2. The complainant got knowledge regarding all these facts regarding wrong mentioning of the name of father when he submitted the withdrawal form 10C, Form 19 and Form 31 during the period of October 2018 to September 2019 and copy of the claim  status with objections regarding name of his father. He requested the Ops to correct the name of his father but nothing has been done which amounts to deficiency in services on the part of the Ops.

3.             We have heard the learned counsel for the complainant and gone through the averments made in the complaint.

4.             After hearing the learned counsel for the complainant, we are of the considered view that  it is a case of correction of the name of the father of the complainant. It is a matter between the OP No.1 and 2 and in our view the complainant is not consumer qua the present dispute between the parties. In such matters elaborate evidence is required to settle the matter but before this Commission, the cases are disposed off in the summary manner.  The authority cited on behalf of the complainant  Regional Provident Fund Commissioner Vs. Bhavani  Appeal (Civil) 6447 of 2881 delivered by the Hon’ble Supreme Court of India is not applicable to the facts and circumstances of the  present case. The present complaint is not maintainable before this Commission. By way of present complaint the complainant is seeking declaration of the name of his father and for this purpose he can file a suit before the appropriate/competent court of law.

5.             In views of our above discussion, we dismiss the present complaint being not maintainable before this Commission. The file be consigned to the record room after due compliance.

Announced in the open Commission.

Dated: 14.02.2022.                                                      President.

 

                                Member             Member.