DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Sudeshwar son of Shri Gahan, resident of Juggi No.1000 Rajive Colony, Sector 17, Panchkula (Haryana).

              ---Complainant

Vs

[1]  The Regional Commissioner Provident Fund Office, SCO No. 4-7, Sector 17-D, Chandigarh.

[2]  The Proprietor M/s Arr Bee Fastener, Plot No. 215, Industrial Area, U.T. Chandigarh.

---- Opposite Parties

BEFORE:    SH. LAKSHMAN SHARMA             PRESIDENT

MRS.MADHU MUTNEJA               MEMBER

           SH.JASWINDER SINGH SIDHU        MEMBER

Argued By:    Sh. Satyavir Singh, Authorized Agent of Complainant.

Sh. Sukhjit Singh, Counsel for Opposite Party No.1.

Opposite Party No.2 ex-parte.

PER MADHU MUTNEJA, MEMBER

1.        This complaint has been filed due to non-payment of provident fund amount due to the Complainant from the Opposite Parties.

          The Complainant has stated that he is an ex-employee of M/s Arr Bee Fastener (Opposite Party No.2). During his service, he was covered under the provisions of the Provident Fund Act and provident fund was being deducted from his salary by the factory management. Opposite Party No.1 had issued Employer Code 14005 and Employee Provident Fund A/c No.16 to the Complainant. The Complainant has alleged that the factory was closed on 13.05.1995 illegally. The Complainant thereafter, visited and contacted the Employer (Opposite Party No.2) a number of times to fill up the relevant forms for withdrawal of provident fund due to him. The Complainant has further stated that he visited the office of Opposite Party No.1 for receiving the amount a number of times, but never got any positive response. The Complainant has also placed on record a request-cum-notice dated 26/29.4.2002 to the Opposite Party No.1 (Annexure C-2), to which he did not get any response. As per this notice, the Complainant had called upon the Opposite Party No.1 to settle his provident fund case within 10 days. The Complainant had even submitted an RTI application dated 20.12.2008 (Annexure C-3) to the Opposite Party No.1 to get the benefit due to him.

          As the provident fund amount has not been settled, the Complainant has filed the present complaint, with a prayer that the Opposite Parties be directed to pay the amount with complete interest and in addition to pay Rs.50,000/- for the loss of time, harassment and mental agony.  

2.        Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, despite service, nobody has appeared on behalf of Opposite Party No.2, therefore, it was proceeded against exparte on 25.05.2012.

3.        The Opposite Party No.1 in reply has admitted the Employer and Employee Code No. mentioned by the Complainant. They have submitted that the contribution from the Employer has not been received since 1995-96. When the Complainant visited the office of Opposite Party No.1 on 14.7.1998, his complaint was heard by the Assistant Commissioner, but till then the Complainant had not submitted the duly filled claim forms for withdrawal. In fact, the claim forms were received in the office of Opposite Party No.1 only on 17.6.2009. The Complainant was duly informed that the claim forms were returned to the Employer on 23.7.2009 as discrepancy had been found in the date of his joining. 

          Opposite Party No.1 has also stated that neither the Complainant nor the employer has re-submitted Form 19/10-C for withdrawal after clearing the discrepancy of date of joining. As per the Opposite Party No.1 the contribution of the Complainant was received from the month of June, 1994 and the total amount received as employee’s share and employer’s share is Rs.528/-, while pension fund is Rs.80/-. Hence, the total amount credited in the account of the Complainant upto (10-11) is 1303+1303= Rs.2606/-. This amount can be settled after re-submitting the forms by the Complainant. Opposite Party No.1 has attached Annexure R-1 in support of the contentions, which is Form 3-A filled by the Employer with regard to the Complainant. Denying all other allegations, Opposite Party has prayed for dismissal of the complaint.

4.        Parties led evidence in support of their contentions.

5.        We have heard the authorized agent of the Complainant and learned counsel for the Opposite Party No.1 and have perused the record.

6.        The Complainant has stated that though amount was deducted from his salary during his tenure of service by his Employer (Opposite Party No.2) towards the provident fund and also forwarded to the office of Opposite Party No.1, the amount due to him has not been paid, despite many representations made by him to the Opposite Party No.1.

7.        Opposite Party No.1 has admitted the Account No. issued to the Complainant against provident fund opened in his name by the Employer. They have also submitted by placing reliance on Annexure R-1 that the total amount received which includes the employee’s share and employer’s share is Rs.528/- and pension fund is Rs.80/-. The total amount credited in the account of the Complainant upto (10-11) is 1303+1303= Rs.2606/-. However, this amount can only be settled by re-submitting the forms by the Complainant. The Complainant has stated that he has submitted his forms and even visited the office of Opposite Party No.1 a number of times for payment of his dues. Opposite Party No.2 whose factory was closed on 13.5.1995 are already ex-parte. Hence, there is no version available on their behalf. 

8.        In this backdrop, it is clear that an illiterate person is being harassed to run from pillar to post for payment of a meager amount due to him against the amount deducted from his salary by his Employer in 1994. The Opposite Party No.1 has admitted that the total amount deposited was Rs.528/- which has now added upto Rs.2606/-.

9.        In the given situation, we allow this Complaint, with a direction to the Opposite Party No. 1 to settle the account and make payment to the Complainant in terms of the provisions of the Provident fund act, within 45 days of the receipt of this order. This amount be paid to the Complainant, along with additional interest @9% per annum from the date of filing of this complaint i.e. 28.03.2012, till the date of payment. However, in case, the amount is not paid within 45 days, then Opposite Party No.1 shall be liable to pay the due amount along with interest @18% per annum from the date of filing of complaint, till the date of payment. The Complainant should sign any relevant documents required by Opposite Party No.1 to facilitate release of the provident fund amount, if required and requested for.

10.       As immense harassment has been caused to the Complainant due to the act of the Opposite Parties, and he in a quandary as to who is responsible for non-release of the payment due to him, the Opposite Parties No.1 and 2 shall also pay compensation of Rs.5,000/- each to the Complainant. No costs.

11.       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

25^th September, 2012.                                            

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(MADHU MUTNEJA)

 MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER