DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.303 of 15-05-2014
Decided on 22-10-2014
Meena Goyal aged about 43 years W/o Rintoo S/o Harbans Lal R/o # 33229, Street No.8, Partap Nagar, Bathinda, Tehsil & District Bathinda.
........Complainant
Versus
1.Summer Hill Convent School Bathinda, through its Principal.
2.The Assistant Employee Provident Fund Commissioner, Near TV Tower, Bathinda.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt.Vikramjit Kaur Soni, President.
Sh.Jarnail Singh, Member.
Present:-
For the Complainant: Sh.G.S Chugh, counsel for the complainant.
For Opposite parties: Sh.Vinod Garg, counsel for the opposite party No.2.
Opposite party No.1 ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant has been working with the opposite party No.1 from 1992 to 24.9.2004 and was attributing her provident fund that was being deducted and deposited by the opposite party No.1 by attributing the share of the employer and opposite party No.2 has issued the account bearing No.PB/BTI/009532/000063. The opposite party No.1 has terminated the service of the complainant w.e.f 24.9.2004 as such she is entitled for the amount lying deposited with the opposite party No.2. The complainant has applied for the withdrawal of the amount lying deposited with the opposite party No.2, but the opposite party No.2 did not release her any amount till date. The complainant has been approaching the opposite parties and requesting them to release her the amount lying deposited with the opposite party No.2 vide application dated 11.3.2005, 11.8.2006, 19.4.2007, 9.12.2008, 16.9.2009, 23.11.2010, 12.10.2011, 17.12.2012 and 12.8.2013, but to no effect. The opposite party No.2 did not supply any statement after the year 2004. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite parties to pay the EPF amount lying deposited in her account alongwith cost and compensation or to give her any other additional, alternative or consequential relief for which she may be found entitled to.
2. Notice by hand/dasti was sent to the opposite party No.1 that has been received by it on 15.7.2014, but despite receiving the summons none appeared on behalf of the opposite party No.1 before this Forum, hence ex-parte proceedings are taken against it.
3. The opposite party No.2 after appearing before this Forum has filed its written statement and pleaded that the complainant has concealed the fact that she has not lodged any claim by submitting the application forms Nos.19 & 10C, in the absence of which her claim cannot be processed. The complainant has not placed on file any document to prove that she ever applied for the withdrawal benefit of PF and pension or for getting monthly pension at all as such the present complaint is pre-mature and is liable to be dismissed on this score only. The opposite party No.2 further pleaded that on 31.3.2014, a sum of Rs.94,981/- as employee share, Rs.35,757/- as employer share in PF account and Rs.23,524/- are lying deposited in the account of the complainant. There is no deficiency in service on the part of the opposite parties. However, in the alternative if this Forum comes to the conclusion that the complainant is entitled for any relief, only in that case she may be directed to submit the application forms Nos.19 and 10C duly signed by her and attested by her employer alongwith the legal requirements and relevant documents so that her claim can be processed.
4. The parties have led their evidence in support of their respective pleadings.
5. Arguments heard. The record alongwith written submissions submitted by the parties perused.
6. Admittedly, the complainant was employed with the opposite party No.1 from 1992 to 24.9.2004 and was attributing her provident fund that was being deducted and deposited by the opposite party No.1 by attributing the share of the employer and opposite party No.2 has issued the account bearing No.PB/BTI/009532/000063. The opposite party No.2 submitted that on 31.3.2014, a sum of Rs.94,981/- as employee share, Rs.35,757/- as employer share in PF account and Rs.23,524/- are lying deposited in the account of the complainant.
7. The disputed facts of the parties are that the complainant submitted that she has given various reminders to the opposite party No.2 vide application dated 11.3.2005, 11.8.2006, 19.4.2007, 9.12.2008, 16.9.2009, 23.11.2010, 12.10.2011, 17.12.2012 and 12.8.2013, but despite that her amount is lying deposited with the opposite party No.2 has not been disbursed to her till date.
8. The submission of the opposite party No.2 is that the complainant never applied for the withdrawal of the amount deposited with it, as no documentary proof has been placed on file by her to prove that she has ever applied for withdrawal of PF/EPF amount. The complainant has not applied for claiming the provident fund by submitting the forms Nos.19 and 10C, thus this complaint is pre-mature and is liable to be dismissed on this score only. At the same time the opposite party No.2 submitted that the complainant can be directed to submit the application forms Nos.19 and 10C so that her claim can be processed.
9. In her evidence the complainant has produced her affidavits, Ex.C1 and Ex.C4, NSSN Form Acknowledge Slip, photocopy of form No.23 and letter, but in this evidence nothing has been placed on file regarding the written request given on forms Nos.19 and 10C. In his affidavit, Ex.OP2/1, Kuldeep Bhagat, Assistant Provident Fund Commissioner of EPF Department has deposed that the complainant has not lodged any claim by submitting application forms Nos.19 & 10C, in the absence of which her claim cannot be processed. The opposite party No.2 has placed on file Ex.OP2/3 to show that 'Balance as on 31.3.2014 is as under:-EE=Rs.94,981/-; ER=Rs.35,757/- and Pension=Rs.23,524/-'. As per Para No.7 of the 'Instructions for filling up the application Forms Nos.19 and 10C', the claim form should be attested and forwarded by employer under whom the member was last employed. Further, “If the member is unable to send the application through the employer or duly attested by him for any reason whatsoever, he may forward the claim duly signed in the presence of any one of the following authorized officials and got attested over his official seal:-
(i) Magistrate
(ii) A Gazetted Officer
(iii) Postmaster/Sub-Postmaster
(iv) President of the village Union
(v) President of Village Panchyat where there is no Union Board
(vi) Chairman/Secretary/Member of the Municipal/District Local Board
(vii) Member of Parliament/Legistative Assembly
(viii) Member of Central Board of Trustees/Regional Committee EPF
(ix) Manager of the Bank in which the Saving Bank Account is maintained
(x) Head of any Recognized Education Institution
(xi) Any authorized official as may be approved by the Commissioner.”
10. Thus keeping in view the facts, circumstances and evidence placed on file we are of the considered opinion that the complainant has not submitted the forms Nos.19 and 10C duly attested by her employer or from any of the above mentioned authorities and opposite party No.2 is ready to pay the amount if the complainant applies through these forms.
11. Therefore, in view of what has been discussed above this complaint is accepted with Rs.500/- as cost against the opposite parties. The complainant is directed to fill the Forms Nos.19 and 10C and to submit the same with the opposite party No.2, duly signed and forwarded by her employer or any authorized officials as mentioned above within 15 days from the date of receipt of copy of this order and the opposite party No.2 will pay the due amount to the complainant within next 30 days from the date of submission of the duly filled forms Nos.19 and 10C.
12. The compliance of this order as whole be done within 45 days from the date of receipt of the copy of this order.
13. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
22-10-2014
(Vikramjit Kaur Soni)
President
(Jarnail Singh) Member
