3. Employee Provident Fund, Head office Bhavishya Nidhi Bhawan, 14 Bhikaji Cama Place, New Delhi – 110 066 Email CPFC@ EPF India.gov.in.
4. Vigilance Head Quarter Employer Provident Fund Organization BNCC Bhikaji Cama Place, 6th floor, New Delhi – 110 066 through its authorized person email. CVO@EPFIndia.govt.in.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Complainant Shiv Shankar in person.
Ms. Bhanu Priya Sharma, counsel for opposite parties Nos.1 to 4.
ORDER:
The facts in brief of the complaint are that the complainant was a senior citizen and aged 62 years and was retired from Vee Gee Industrial Enterprises (P) Limited 31-B, NIT, Faridabad and the total service of the complainant was 37 years in total all the companies and the PF amount was also deducted from the salary of the complainant by the respective companies, initially the PF in Cosma International India Pvt. Limited Chennai with P.F of the complainant was TNAMB/68835/182 and later on the said PF had been transferred in P.F. No. HR/FBD/5533/1287 (UAN 100351748131) and the family members was fully depent upon the complainant and after its retirement the complainant, the comlainant was un-employed and had no source of income from all resources. The marriage date of the daughter of the complainant was fixed on 14.2.2019 in Firojabad (U.P) and in this regard the complainant had applied for P.F. for withdrawl of the PF amount on line on 14.10.2018. later on the complainant received the telephonic call from the office of the opposite party which was made by Prem Chand in last week of October,2018 and who explain the complainant that 3 years service was less in the company and regarding this fact the TDS would be deducted/taken and if the complainant was not ready for deduct of the TDS then the representative of the opposite parties only Pem Chand demanded the bribe money of Rs.30,000/- from the complainant and the TDS amount would not be deducted and the complainant said to the representative that his total service was 37 years and the PF amount was deducting since 25 years continuously and regularly and accumulative amount of Rs.28,64,351/- could not possible within three years service and in this regard the TDS amount cannot deducted regarding the 25 years service and the opposite parties had no right, title and interest to deduct the TDS amount and the complainant did not make any bribe money to the representative of the opposite party namely Prem Chand and in this regard the opposite parties intentionally and knowingly deducted the TDS amount of Rs.2,86,435/- on the 10% on the principle amount of Rs.28,64,351/-. After deducting the amount of Rs.2,86,435/- from the complainant, as such the complainant only received an amount of Rs.25,77,916/- through NEFT from ICICI Bank on 01.11.2018, then the complainant requested to the representative of the opposite parties to return the said amount of Rs.2,86,435/- then the representative eof the opposite parties told to the complainant that the said amount i.e. Rs.2,86,435/- would be given/handed over by the Income Tax Department. Then the complainant had applied the ITR for getting the amount of Rs.2,86,435/- through form-16 which was given by the P.F. Department . After great persuasion the said amount of Rs.2,86,435/- had been transferred in the account of the complainant on 24.10.2019. The loss interest amount was given by the opposite parties i.e. Rs.8297/- on 14.07.2020 and the said amount was totally less. Now the loss of interest amount was still due against the opposite parties for a period of 3 years w.e.f. November, 2018 to November, 2021 which comes to Rs.70,770/- and the complainant was fully entitled to receive the loss of interest amount form the opposite parties. The intention of the opposite parties want to grab the hard earned money of the complainant. The complainant several times sent the email, letters, personally visited to the representative of opposite parties namely Geeta Banerjee APFC (accounts), Romi Sood (APFC-1), Madhu Bedi (PA RPDC), Kushagra Gupta and M.C.Sharma APFC as well as opposite parties Nos.2 to 4 to return the loss of interest amount to the complainant but no result came out upto now. The complainant several times requested to the opposite parties to make the loss of interest amount of Rs.70,770/- to the complainant but the opposite parties lingering on the matter on one pretext to the another. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) make the interest loss amount of Rs.70,770/- alongwith interest to the complainant in respect of amount of Rs.2,86,435/-.
b) pay Rs.3,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs.22,000/ - as litigation expenses .
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant had concealed the true and material facts from the Hon’ble Commission at the time of instituting the present complaint. The complainant had concealed the interest amount received from the Income Tax Department @ 0.5% monthly for 12 months (November 2018 to October, 2019) which amount come to Rs.17,186/- and further the difference amount of Rs.8297/- had already been paid by the answering opposite party and now nothing was due against the answering opposite parties towards the complainant. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – Regional Provident fund Commissioner with the prayer to : a) make the interest loss amount of Rs.70,770/- alongwith interest to the complainant in respect of amount of Rs.2,86,435/-. b) pay Rs.3,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.22,000/ - as litigation expenses .
To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of Shiv Shankar Gupta,, Ex.C1 – Adhaar card, Ex.C-2 – interest loss calculation, Ex.C-3 – email, Ex.C-4- details,, Ex. C-5 – letter dated 26.08.2020, Ex.C-6 - letter dated 27.07.2020, Ex.C-7 – written dated 3.3.2020, Ex.C- 8 - letter dated 19.09.2019 regarding interest loss for 12 month for Rs.286435 of his PF amount + family pension, Ex.C-9 – letter dated 08.08.2019 regarding discripency of payment of Rs.286435 equal to 10% of his PF amount, Ex.C-10 – letter dated 08.08.2019, Ex.C-11 – letter dated 22.06.2019, Ex.C-12 – letter dated 31.5.2019, Ex.C-13 – Claim status query member wise, Ex.C-14 – Subscriber ledger card as on 28.02.2019, Ex.C-15 – letter dated 28.11.2018, Ex.C-16 – details of previous account (which to be transferred).
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party, Ex.RW1/A – affidavit of Shri Uday Gupta, Ex.R-1 - email received from Shri Shiv Shankar Gupta regarding wrong deduction of TDS Rs.2,86,435/-, Ex.R2 – Application for RTGS/NEFT Remittance.
6. It is evident from Interest Loss Calculation @ 18% per annum vide Ex, C-2 in which the complainant himself agreed that he has already received an amount of Rs.2,86,435/- from Income Tax Department which was deducted as TDS by EPFO and an additional amount of Rs.8,297/- from the EPFO as a difference in rate of interest of the EPFO and the Income Tax Department. As per Ex.R-2 that the calculation made for finding the difference in rate of interest of EPFO the difference in rate of interest of EPFO and the income tax department is produced as under:
