1. The complaint in short is as follows: -
The complainant was a teacher in Bhartiya Vidya Bhavan School at Thirunavaya since 1997 and she subscribed National Employees Provident Fund on 14/08/1997. She was allowed PF account number as KR/KK/14463/26. Thereafter she has got employment as Village Extension Officer and so she resigned from the service of school and put end depositing in PF account. The complainant submitted that she remitted PF contribution from 14/08/1997 to 24/07/2013 without any interruption. The complainant thought she will get interest on EPF deposit and so deposited the amount. The complainant had not fully withdrawn the amount as final settlement. But later she came to know that after expiry of three years on closing the deposit towards PF, they will not get further benefit for the deposited amount. Accordingly, the complainant approached the opposite party office at Calicut on 23/03/2021 and submitted all the documents to withdraw PF amount. Thereafter three months she again approached the office of the opposite party but that time the reply was the application of the complainant not seen in the record.
2. The complainant approached the school authorities for submitting the application as the second time and at that time the school authorities created new UAN Id 101718858894 and so a new PF Account K6/KK/14463/10165 was also created. The complainant applied before the opposite party on 15/11/2021 requesting to transfer the deposited amount for the period 1997 -2013 from the Account number KR/KK/14463/26 to new PF account KR/KK/14463/10165. The complainant also submitted application under Form No.19 towards availing EPF pension who completed 10 years in the EPF along with documents Aadhar, SSLC certificate and legal heir ship certificate. Thereafter the complainant approached the opposite party office twice after 15/11/2021 and then the reply was “ഇതു കുറച്ച് പണിയുള്ള ഫയൽ ആണ്. സമയം എടുക്കും, കഴിയുമ്പോൾ തിരികെ വിളിച്ചുകൊള്ളാം” there after the complainant continued calling the opposite party through telephone but stereo type reply received from the opposite party. The complainant alleges, since after 6 month no action has taken by the opposite party. The act of the opposite party amounts deficiency in service. The opposite party detained the benefit of 16 years service of the complainant. The complainant further submit that she has got two girls who are studying and she had availed education loan for which she is struggling to repay. Hence the complainant prays for the deposit amount from the opposite party along with interest and other benefits without delay.
3. On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party entered appearance and filed version denying the averments and allegations in the complaint.
4. The opposite party submitted that the disbursement of Provident fund, Pension and Insurance benefits are guided by the Employees provident Funds and miscellaneous Provisions Act, 1952, read with Employees Provident Fund Scheme, an Employees Pension Scheme and Employees Deposit Linked Insurance Scheme read with the Manual of Accounting Procedure and various circulars issued time to time.
5. The Provident Fund (Form19) was settled and despatched on 01/07/2022, Friday to the bank for Rs 1,51,878/- and it was credited to the State Bank of India Account of complainant No. 67255207543,IFSC : SBIN0070687, on 05/07/2022, Tuesday. That the pension fund benefits are disbursed based on Paragraph 12 and 14 of Employees Pension Scheme (EPS) 1995 depending on the eligible service rendering by the member. The opposite party quoted Paragraph 12 (8) of EPS 1995 and also the options available to the complainant to herein.
6. The opposite party submitted that the pension fund withdrawal benefit under 14 of EPS 1995 is not available to complainant since her service is more ten years. It is further submitted that the family members are also eligible for the pensionary benefits in the event of the death of a member, and hence family details form an important part of the Scheme Certificate/Pension Application. The application Form-10C was returned to her address for want of copy of Aadhaar with date of birth of spouse and children.
7. A member of the PF may forward the completed application to the office to avail Scheme Certificate (in Form-10C) of Pension Fund. The Provident fund amount is already settled with applicable interest wherein no action is pending from opposite party.
8. The Provident Fund amount has been settled already. The pension Fund Benefits as Scheme Certificate or as Pension at the eligible date could be issued to her only after due verification of the documents that the member may have to submit this office after necessary corrections for which it was returned. The claims of the complainant may be settled as the provisions of EPF &MP Act, 1952, and the three schemes framed there under adhering to the guidelines under the provisions of the manual of procedure followed by EPFO. Hence the prayer of the opposite party is to dispose of the complaint, there is no action pending on this complainant is concerned.
9. The complainant and opposite party filed affidavits and documents. The documents on the side of complainant marked as Ext. A1 to A17. The documents on the side of complainant marked as Ext.B1 and B2. Ext. A1 is copy of acknowledgement and postal receipts in 6 Nos. Ext. A2 is account particulars of the complainant dated 13/06/2022 to 05/07/2022, Ext. A3 is the counter foil of SBI receipt. Ext. A4 is copy of Memorandum in respect of Gold/Silver ornaments deposited as a security/SBT Padinjarangadi dated 13/02/2023. Ext.A5 is copy of Memorandumin respect of Gold/Silver ornaments deposited as a security/SBT Padinjarangadi dated 30/01/2023. Ext. A6 is the copy of letter issued by Bharatiya Vidya Bhavan to Commissioner of EPF Kozhikode. Ext. A7 is copy of application for transfer of EPF Account dated 15/11/2021. Ext. A8 is a copy of Form-10C for Claiming Withdrawal Benefit/Scheme Certificate dated 05/01/2022. Ext. A9 is a copy of advance stamped receipt. Ext.A10 is a copy of joined declaration by the member and the employer. Ext. A11 is the copy of application submitted by complainant before the opposite party. Ext A12 is a Composite Claim Form. Ext. A13 is the copy of Break certificate. Ext.A14 is a copy of EPF Scheme Form-10. Ext. A15 is a copy of joined declaration by the member and the employer Ext. A14 are the copies of postal receipt. Ext. A17 is a copy of Aadhaar. Ext. B1 is a copy of letter issued by opposite party. Ext. B2 is a copy of Claim Status Query Member Wise.
10. Perused affidavits and documents. The grievance of the complainant is that the EPF benefit was not duly refunded to the complainant. The complainant submitted that she approached the opposite party directly with application and on enquiry later she was told that the opposite party did not receive the application from the complainant. Hence, she was directed to submit a new application and accordingly she approached the opposite party with new application. But at that time her employer created a new PF account in the name of complainant and also submitted application to transfer her deposit into the new account. Meanwhile the opposite party directed the complainant to furnish some more details which are to be submitted along with application. The creation of new PF account and missing of the earlier application of the complainant resulted delay in processing the claim of the complainant.
11. But, from the perusal of documents and from the complainant herself it appears that she received EPF benefit which is due from the opposite party. The complainant endorsed the same over the complaint. She has endorsed that she received an amount of Rs.1,51,878/- as the due amount entitled by the complainant. Now the grievance of the complaint is that there was delay in processing the claim of the complainant. She filed a complaint on 06/07/2022 before the Commission. But from the version it can be seen that the opposite party settled the claim and despatched the amount to the account of the complainant on 01/07/2022 itself, which is prior to filing this complaint itself. So, there is no wilful latches from the part of the opposite party. The complainant received the amount in her account even prior to the filing of this complaint but she could not realise the fact which led to filing this complaint.
12. Considering the entire facts, the grievance of the complainant seems redressed by releasing the EPF amount into her account by the opposite party and so we do not find further remedial order is required in the matter. Hence the complaint stands dismissed.
Dated this 3rdday of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A17
Ext. A1 : Copy of acknowledgement and postal receipts in 6Nos.
Ext. A2 : Account particulars of the complainant dated 13/06/2022 to 05/07/2022. Ext. A3 : Counter foil of SBI receipt.
Ext. A4 : Copy of Memorandumin respect of Gold/Silver ornaments deposited as a
security/SBT Padinjarangadi dated 13/02/2023.
Ext. A5 : Copy of Memorandumin respect of Gold/Silver ornaments deposited as a
security/SBT Padinjarangadi dated 30/01/2023.
Ext. A6 : Copy of letter issued by Bharatiya Vidya Bhavan to Commissioner of EPF
Kozhikode.
Ext. A7 : Copy of application for transfer of EPF Account dated 15/11/2021.
Ext. A8 : Copy of Form-10C for Claiming Withdrawal Benefit/Scheme Certificate
dated 05/01/2022.
Ext. A9 : Copy of advance stamped receipt.
Ext.A10: Copy of joined declaration by the member and the employer.
Ext. A11: Copy of application submitted by complainant before the opposite party.
Ext A12 : Composite Claiming Form.
Ext. A13: Copy of Break certificate.
Ext.A14 : Copy of EPF Scheme Form-10.
Ext. A15: Copy of joined declaration by the member and the employer.
Ext. A14 : Copies of postal receipt.
Ext. A17 : Copy of Aadhaar.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 & B2
Ext. B1 : Copy of letter issued by opposite party.
Ext. B2 : Copy of Claim Status Query Member Wise.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
