DATE OF DISPOSAL: 27.06.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT

The fact of the case in brief is that the complainant has filed this Consumer complaint under section 12 of the Consumer Protection Act, 1986 alleging unfair trade practices by the Opposite Parties (in short O.Ps) and for redressal of his grievance before this Commission. 

2. The complainant is working as a Gun-man with O.P.No.1 and due to his regular and sincere duties he was getting monthly salary to the tune of Rs.10,000/- on every month and in his service period as per the Government resolution the E.P.F amount of Rs.380/- deducted out of the salary amount of every month. As such the complainant has been allotted with EPF account bearing Member Id No. APHYD13157970000000071, UAN No. 100529061800, Date of Generation No: 01.09.2015 within the service period of the O.P.No.1. The O.P.No.1 is the contractor duly appointed for the collection of Toll gate fees having its office at Gurapalli Toll Plaza, P.O: Bhejiput, Dist: Ganjam and the complainant were in the said work since 02.03.2015 and is continuing till date. The complainant was usually getting his salary regularly previously from the time of his joining under the contract with O.P.No.1 as a Gun-man. But after his joining in the said contracting job at Toll Plaza, the contractor O.P.No.1 did not bother to regularize the salary of this complainant nor taking any steps for his EPF amount, which was deducted from his salary vide Establishment ID/ Name APHYD1315797000/V. VIDYASAGAR REDDY (Individual) with the R.O. at Hyderabad. After completion of the tenure of his service as a contractor the O.P.No.1 in the said Toll Plaza, another contractor been appointed in his place and when the complainant demanded his EPF amount, the O.P.No.1 told that he has no knowledge regarding the same and he is not responsible for disbursement of the said EPF amounts for which the complainant finding no other way for refund of his EPF amount was informed the O.P.No.1 several time through letter correspondences, as the O.P.No.1 is the employer to look after well being of employees, but he neither replied to those letters nor took any steps for reimbursement of his EPF amounts. On 25.01.2017 the complainant sent a legal notice through his advocate to the O.P. No.1 & 2 demanding his EPF amounts back from both of the O.Ps. But the O.Ps did not take appropriate steps for reimbursement of the EPF amount to the complainant.  Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund the EPF amount of Rs.4560/- with 18% interest and grant any other relief in the best interest of justice.

3. The O.P.No.2 filed version through his advocate. It is contended that the complainant Sri Lokanath Patra is allotted with P.F.Account Number AP/HYD/1315797/71 and Universal Account Number 100529061800. The date of joining of the complainant in the establishment is 02.03.2015 and the EPF contribution were received up to March 2016 and there is no contribution after March 2016 for which the service in respect of the complainant could not be confirmed from April 2016 to till date. However, for default in compliance of remittance of contribution from April 2016 onwards a show cause notice was issued to the defaulting employer. Further the legal notice dated 25.01.2017 sent by the complainant through his advocate to the O.P. has not been received. The complainant has not preferred any claim for reimbursement of EPF amount as on 03.07.2018. The EPF authority has already taken necessary steps to secure compliance for the period of default i.e. from April 2016 onwards. It is also to assure that on remittance of contribution by O.P.No.1 the EPF authority will settle the EPF and allied dues in respect of the complainant. As there is no deficiency of service on the part of the O.P.No.2 the petition filed by the complainant may please be dismissed in the interest of justice.

4. The EPF authority has not received the claims complete in all respects along with supporting documents for settlement of EPF and allied benefits as stated by the O.P.No.2. The O.P.No.2 assures that prompt action will be taken for settlement of EPF and allied benefits on receipt of claims complete in all respects along with supporting documents. Hence, it is submitted before the Hon’ble Forum that necessary direction may please be given to the petitioner to apply in prescribed claim applications i.e. in Form No.20, 5(IF) and 10D duly attested by the authorized official of the O.P.No.1 for settlement of EPF and allied dues. Hence there is no deficiency in providing service on the part of the O.P.No.2 in this case. As such the complaint against the O.P.No.2 may please be dismissed in the interest of justice. 

            5. The complainant is absent since 23.09.2019 and not taken any steps till today. However in the interest of justice this Commission disposes of the case on merit.

6. On the date of hearing of the case, we heard learned counsel for the complainant and OP. No.: 2 and perused the case record and the materials placed on it. At the time of hearing learned counsel for the O.P.No.2 submitted that after receiving of claim form they are ready to settle the claim immediately. Law is very clear that the employee has to contribute his share from the monthly salary and it is for the employer to deduct the same and remit it to the provident fund organization for maintaining the accounts in an account number allotted to the employee.  In case such deductions are not made and the amount is not deposited by the employer, it is equally the responsibility of the Provident Fund Organization to collect the same from the employer and in case of failure, there is deficiency in service on the part of the O.Ps. This Commission by relying upon a citation passed by National Commission, New Delhi in Pranaya Kumar Padhi versus M/s Ballarpur Industries Ltd. and Ors. 2006 (1) CPR 194 allowed the complainant’s case. 

7. In the result the O.P. No.1 is directed to deposit Rs. 4560/-with 5% interest per annum from the date of this complaint i.e. on 25.10.2017 to O.P.No.2 within one month from the date of receipt of this order. After receipt of the same the O.P.No.2 is hereby directed to ensure payment of all the dues of the complainant within 30 days.  In the event of non-compliance of the order, the complainant is at liberty to recover the entire amount from the O.Ps with interest @12% per annum from the date of filing of the case i.e. 25.10.2017 till actual date of realisation of the same is made under the Consumer Protection Act. This case is disposed of accordingly. No order as to cost and compensation.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 27.06.2023