Karnataka

Gadag

CC/35/2014

Ishwarayya S/o V. Kawadallimath R/o Hulkoti, Tq & Dt - Gadag - Complainant(s)

Versus

The Br Manager, Gemini Securities and Allied Services, Davengeri. - Opp.Party(s)

A.C.Huilgol

05 Apr 2016

ORDER

JUDGEMENT DELIVERED BY

SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT:

The complainant has filed this Complaint against the Opposite Party (herein after referred in short as OP) u/s 12 of Consumer Protection Act, 1986 alleging deficiency in service against OP. 

 

2.    The brief fact of the case is that the Complainant was working as a Security Guard under agency Leopard Agency, Hubli. Which had placed the Complainant to work in KEB Gadag, the Complainant had worked for a period of 02 years after which the agreement between HESCOM and leopard agency came to an end.

 

3.      The OP got a tender to appoint the Security Guard throughout Karnataka to KEB, the Complainant had obtained an appointment letter from leopard agency at Gadag and the agency had paid a salary of Rs.3,500/- per month the same had been credited to Syndicate Bank, Hulkoti Branch, Gadag, The employer contribution of 12% and employees contribution of 12% had been deposited to EPF Account.

 

4.      After the closure of the contract with leopard agency, the Complainant had work as a Security Guard from 01.02.2011 to 31.07.2013, by an agreement between the OP and Leopard Agency.

 

5.      The OP had furnished EPF Account number as KN/SHO/27478/1790, the Complainant had sort the information for the said EPF account number from EPF organization shimoga and got the reply that the account No.KN/SHG/27478/1790 had been registered in the name of Complainant.

 

6.      The Complainant had work in Ops Company for a period of 30 months for which the OP has to pay 24% EPF on the salary amount, which amount to Rs.25,200/-. Hence, Complainant had prayed to direct the OP to pay the EPF of Rs.25,200/- along with the interest at 18% and compensation of RS.10,000/- and other relief that court deems fit.

 

7.      The predecessor on seat registered the Complaint and notices were ordered as such the OP has sent his letter through post.

Brief facts of the letter of OP:

The OP had completely denied Para No.1 and 3 of the Complaint and stated in his letter that the fact are not related to him and accepted the averments made in the Para No.2 of the Complaint and the OP had denied that the appointment of the Complainant had continued from the previous agency i.e. Leopard Agency. Further, he stated that the Complainant had worked in his agency i.e. Gemini Security and Allied Services from 01.02.2012, the OP had accepted the averments made in Para No.5 that he was paid a salary of Rs.3,500/- p.m. without deducting 12% of employee share instead the OP had remitted his part 13.61% EPF to this EPF account NO.KN/SHG/27478/1990.

 

8.      The Complainant can claim the EPF by submitting form 10 (C) and 19 to EPF Organization, Shimoga through Gemini Security and Allied Services. The OP had denied the contents of the Para No.6 of the Complaint, the Complainant might have received a wrong EPF account number for which the EPF organization Shimoga had replied accordingly, The OP is not responsible for that. Further, the OP had denied that the Complainant had not worked for a period of 30 months in the Ops Agency. Even, the OP had not deducted 12% of Employee’s share, the question of paying 24% EPF does not arises. Further the OP had intimated that the Complainant may apply the concerned EPF organization through proper claim form. By obtaining the signature of the employer and further OP’s pray to advice the Complainant to receive EPF amount from EPF organization Shimoga by following the procedure.

 

9.      In background of the above said pleading, the Complainant himself examined before this Forum as PW-1 and got marked the document as EX C1 to EX. C5 i.e as follows:

EX-C1- Reply from EPF Organization, Shimoga.

EX-C2- Office copy of Notice,

EX-C3- Postal Acknowledgement,

EX-C4- Bank Account Statement

EX C5- Reply from EPF Organization, Shimoga.

Unmarked documents 1 to 6 i.e.

1. R.T.I. Application,
2. Postal Order,
3. Letter of Submission of EPF Account Number.
4. EPF Application,
5. Pension Scheme Application,
6. Resignation Letter.

On the other hand, the OP was not present before this Forum instead he had sent his letter in his defence. On the basis of above said pleading, oral and documentary evidence, the following points arises for adjudication are as follows:   

 

 

1.	Whether the Complainant proves that there was deficiency in service on the part of OP?
2.	What Order?

 

Our Answer to the above Points are:-

Point No.1 – Negative,

Point No.2 – As per the final order.

 

10.    On consideration of pleading, objection, evidence, documents and arguments of the parties, we answer the above points as under:

                        R E A S O N S

 11.  POINT NO.1:  It is the case of the Complainant that the Complainant had worked in the Ops Company as a Security Guard for which the Complainant had claim the Provident Fund. Further, the Complainant had alleged that the employer had furnish him a wrong EPF account number and also he had claimed 24% EPF, Hence, he had worked for 30 months as Security Guard. After carefully scrutiny of documents the Complainant himself in his Complaint stated that he had worked as a Security Guard for a period of 02 years in Leopard Agency after the closure of the Agreement with Leopard agency, the OP had an agreement with the HESCOM, so as that the Complainant continued to work in OP’s Agency, according to the Complaint he had worked form 01.02.2011 to 31.07.2013.

 

  12.       The Complainant had stated in the Complaint that he had obtain an appointment letter from the employer but he had to failed to produce the same before the Forum to prove the period of work, in his whole Complaint, the Complainant had stated about an Agency called Leopard Agency but the OP had totally denied it and stated in his letter that the Leopard Agency is no way connected to OP Gemini Security and Allied Services. As per the Complainant allegation he had worked from 01.02.2011 to 31.07.2013 the OP in his letter had stated that he had been awarded the contract from 01.02.2012, Such being the fact, how can OP appoint the Complainant on 01.02.2011. The Complainant had produced Bank Statement Copy which discloses that the Complainant had received a salary to his S.B. Account from 09.03.2012 to 09.10.2012. This clearly proves that the Complainant had worked upto September 2012.

 

     13.    The employer was paying a salary of Rs.3,500/- p.m. to the Complainant which had been admitted by the OP, the fact disputed by the Complainant was that the OP had furnished the wrong EPF account number and he had claimed 24% of EPF from the OP, but the OP had disputed these contents made in Para NO.5 of the Complaint. The documents produced by the Complainant i.e. unmarked document No.3 a letter stating EPF Account number of the Security Guards furnished by the OP is KN/HBL/27478/ 1790, but the Complainant in the Complaint stated that KN/SHG/27478/1790 had been furnished by the OP is in correct. But, no documentary evidence had been produced by the Complainant to prove this. The Complainant had produced the resignation letter dated: 12.10.2013 i,e unmarked document No.6 which does not carry any acknowledgement that it had been received by the OP, moreover the Complainant himself has stated in his complaint  that he had worked from 01.02.2011 to 11.08.2013 on 11.08.2013 he had resigned  the same job on 12.10.2013 which has been mentioned in the resignation letter i.e. unmarked document No.6 which clearly establish that the Complainant had produced the document which carries no value, but it is a vague document.

 

     14.      The Complainant had failed to prove that there is a deficiency in service on the part of the OP, the Complainant has not claimed the EPF account in a proper manner in a proper channel. Hence, this Complaint is liable to be dismissed, since we answer to Point No.1 in negative.

 

    15.       POINT NO.2: For the reasons and discussion made above and finding on the above points, we proceed to pass a following:  

 

//ORDER//

        1.   This Complaint is dismissed. No Order on costs.

2.  Send a copy of this Order to both parties free of cost.  

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 05^th day of April, 2016)

 

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