Haryana

Panchkula

CC/197/2017

BALBIR SINGH - Complainant(s)

Versus

REGIONAL PROVIDENT FUND COMMISSIONER - Opp.Party(s)

AMAR CHAND

09 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.        

                                                       

Consumer Complaint No	:	197 of 2017
Date of Institution	:	7.9.2017
Date of Decision	:	09.04.2018

 

Balbir Singh Luthra aged 59 years son of Late Sh. Prabhu Ram, resident of H.No.1324, Rajiv Colony, Sector-17, Panchkula, working as INKAR in the office of Haryana Anusuchhit Jatt Vitt Vikas Nigam, SCO 2427-28, Sector 22-C Chandigarh.

                                                                           ….Complainant

 

Versus

1. Regional Provident Fund Commissioner, Employees Provident Fund Organization, Provident Bhawan, SCO No.508, Sector-12, Karnal, 132001.

 

2. The Managing Director, Haryana Anusuchhit Jati Vitt Vikas Nigam, SCO 2427-28, Sector 22-C, Chandigarh, through its Managing Director, Haryana Schedule Castes, Chandigarh Finance and Development Corporation, (HSFDC).

 

3. Harkalyan Binders and Printers, 199, Industrial Area, Phase I, Panchkula through its Manager.

                                                                            ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Mr.Dharam Pal, President.

Mr.Jagmohan Singh, Member.

 

For the Parties:   Mr. Amar Chand, Advocate for complainant. 

                        Ms. Ritu S.Sharma, Advocate for OP No.1.

                        Mr. Kuldeep Singh, Manager for the OPs No.2 and 3.

ORDER

(Dharam Pal, President)

 

1.     The brief facts are that the complainant, Balbir Singh Luthra was working with OP No.3 as INKAR and was posted in the press namely Harkalyan Binders and Printers and he was having his EPF A/c No.HR/1660/77 operated in the office of Asstt. Provident Fund Commissioner, Karnal since his joining on 30.7.1982. Deductions towards EPF have been made from the salary of complainant, interest and employers contribution towards were transmitted by the employer to the office of APFC Karnal OP No.1 and same was entered in the above said EPF account number till 1995. The complainant had been retired from the services in the month of February, 2017 after obtaining the age of Superannuation. But till date despite request made by the complainant verbally and personal visit in the office of Assistant Provident Funds Commissioner of Karnal, the amount of EPF has not been released to the complainant. On enquiry from the department of the complainant, it has been informed that deductions made from the salary of the complainant for the years 2004-05 to 2005-06, 2007-08 and 2008-09 has been remitted in the A/c No.HRKNL0001660000/31of Sh. Balbir Singh Thakur and for the year 2009-2010 to 2015-2016 the deductions of the EPF made from the salary of the complainant stands remitted in the A/c No.HRKNL0001660000/71 of Sh. Jitender Jeet Singh. The department vide letter No.HNP201/86/123 dated 29.8.2016/2.11.2016 and HBP/201/89 dated 29.8.2016 has already requested/referred for rectification and transfer of the amount in the account of the complainant without further loss. Till the retirement of the complainant, the Provident Fund Commissioner never supplied the yearly provident fund statement to the complainant, therefore, the complainant could not know about the mistakes. After retirement, the complainant visited the office of Assistant Provident Fund Commissioner of Karnal for releasing the funds the EPF from the date of joining his service on 13.7.1982 till the date of retirement i.e. February, 2017. But the OPs failed to release the funds towards EPF. The complainant also issued legal notice dated 20.7.2017 to the OPs with the request to refund the entire amount of EPF within fifteen days, but to not avail.    

2.     Upon notice, OPs appeared and contested the complaint by filing their separate written statement. The OP No.1 submitted that the present complaint is time barred as error in disbursing the payment pertains to the year 2004 onward, but the same was noticed by the complainant in the year 2017 after his retirement on attaining superannuation. The complainant was not vigilant in detecting the error in time. OP No.1 duly dispatched the annual statement of EPF to the employer of the complainant. The OPs No.2 and 3 as well as complainant should have taken notice for the same. The OP No.1 was liable to rectify any error within a period of six months from the receipt of the annual statement. The OP No.1 is a Government Department and no excess relief could be granted to the complainant and it will amount to loss of revenue to the Government. The OP No.3 has also accepted the fault as typographical/clerical mistake. The OP No.1 further submitted that the case of the complainant was sent for investigation to EPFO Ambala on receiving official communication from OP No.3 for correcting the error.  After receiving their report, the error was corrected without any delay. The amount along with up to date interest has been remitted to the account of the complainant at Karnal without any delay. The OP No.1 has also requested the OP No.3 to send Form No.13 duly filled by the complainant to OP No.1 for releasing the EPF fund of the complainant. It is submitted that the PF amount was wrongly entered in the account of Balbir Singh Thakur A/c no.HRKNL00016600000000071 and Jitender Jeet Singh A/c No.HRKNL00016600000000031 by OPs No.2 and 3. The error had been accepted as typographical mistake by OP No.3 while addressing a letter dated 30.8.2017 to OP No.1. It is submitted that the amount of Rs. 4,23,305 had been remitted to the account of the complainant at Karnal. Form 13 was not filled by the complainant as RPXE could not process the same. Thus there is no deficiency on the part of OP No.1.

3.     In their written version, OPs No.2 and 3 have stated that the complainant does not fall within the definition of consumer. The present complaint is not maintainable. There is no relationship of consumer and service provider between the complainant and OP No.2 and 3 as no services had been provided by the OP No.2 and 3 to the complainant. The necessary correction with regard to the account number of the complainant had already been made and the amount had been duly credited by the Regional Provident Fund Commissioner in the account of the complainant. The amount was earlier wrongly credited in some other account and as soon as the discrepancy came to the knowledge of the complainant, the amount of Rs. 4,23,305 had been duly credited in the account of the complainant. The provident fund statements were duly issued to the complainant from time to time and the complainant had failed to point out any deficiency or discrepancy in the same and as such the mistake never came to the notice of the OP No.2 and 3.  Therefore, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of answering OP No.1 and as such, the complaint of the complainant is liable to be dismissed with costs. 

4.     The learned counsel for complainant placed on record an affidavit as AnnexureC-A along with documents Annexure C-1 to C-21 and thereafter closed the evidence. On the other hand, the learned counsel for OP No.1 has placed on record the affidavit as Annexure R-1/A along with documents Annexure R-1/1 to R-1/5 and has closed the evidence. Learned counsel for the OPs No.2 and 3 has tendered into evidence an affidavit as Annexure R-2/A along with documents Annexure R-2/1 to R-2/3 and has closed the evidence.

5.     We have heard learned counsel for both the parties, considered the written arguments submitted by OP No.1  and have gone through the record carefully.

6.     The case of the complainant is that he was working with OP No.3 as INKAR since 30.7.1982 and he retired in the month of February, 2017. During the service, his EPF was deducted by the employer (OP No.3)from his salary and was to be deposited in his EPF account No.HRKN20001660000/77, which is being operated with the OP No.1.  He has stated that he has not received any annual statement of EPF from the employer (OP No.3) and OP No.1. He further stated that the deductions made from his salary for the year 2004-05, 2005-06, 2007-08 and 2008-09 has been remitted in the account No.HRKN20001660000/31, which relats to Jitender Jeet Singh and the deductions for the year 2009-10 to 2015-16 to 2015-16 deducted from the salary of the complainant were remitted in the account No. HRKN20001660000/71 relates to Balbir Singh Thakur. When the amount to EPF was not released to the complainant, he personally visited the office of OP No.1 and 3 and the above mistake was brought to the notice of the above said department. But no payment was made and ultimately, he served a legal notice (Annexure C5).

7.     On the other hand, the OP No.1 has submitted that the complaint of the complainant barred by limitation as the payment pertains to the year 2004 onward and the complainant filed the present complaint in the year 2017. This contention of the OP No.1 is not acceptable as the last deduction from the salary of the complainant was made till his retirement. It is a continuous cause of action. It is further stated that annual statement of EPF was dispatched to the employer of the complainant at the end of financial year to the OP No.2 and 3 as well as complainant, who have taken notice of the same. But no such documents placed on file by the OP No.1. The OP No.2 and 3 admitted the version of the complainant to the effect that the deductions made from the account of complainant were deposited in the account of Balbir Singh thakur and Jitender Jeet Singh. For the rectification of the above said error, they requested the OP No.1 vide their letter dated 29.8.2016 (Annexure C-1 and 2.11.2016 (Annexure C2), till the dated of the filing of the complaint i.e. 7.9.2017 no action was taken by the OP No.1.

8.     From the perusal of the documents it reveals that the contribution for the year 2004-05 to 2005-06 and 2007-08 to 2008-09 were deposited in the account No.HRKN20001660000/31, which belong to Balbir Singh Thakur and the deductions made for the years 2009-10 to 2015-16 were deposited for the account No. HRKN20001660000/71 which relates to Jitender Jeet Singh and the OP No.3 requested the OP No.1 to rectify the mistake and the above said amount deposited in the wrong account be transferred in the account No. HRKN20001660000/77 of the complainant. But till the filing of the complaint no action was taken by the OPs. However vide their letter dated 16.10.2017, the OP No.1 intimated to the OP No.3 that the above said amount which was deposited in the accounts of Balbir Singh Luthra and Jitender Jeet Singh have been transferred in the account of the complainant and they also directed the OP No.3 to get fill up the Form No.13 and send the same to the OP No.1. So that amount of the EPF could be released to the complainant. The OP No.3 intimated the complainant on 20.11.2017 in this regard and he was directed to fill in the Form No.13.

9.     From the above, it is clear that there is deficiency in service on the part of the OPs as they are liable to deposit the contribution deducted from the account of the complainant in his account and to release the same immediately on his retirement. The OPs are directed as:-

1. To release the amount immediately to the complainant along with  interest @ 9% per annum from the date of his retirement till realization and the complainant is also directed to fill in the Form No.13 and handover the same to the OP No.3.

 

2. To pay Rs.5000/- to the complainant towards compensation for mental agony, physical harassment.

 

3. To pay Rs.5000/- to the complainant towards cost of litigation.

10.    This order shall be complied with by the Ops jointly and severely within a period of 30 days from the date of receipt of certified copy of the order. A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

Announced

09.04.2018                 JAGMOHAN SINGH                  DHARAM PAL

                                        MEMBER                              PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                       

                                                DHARAM PAL 

                                                PRESIDENT