Anish Bhatia 20 October 2016

Provident fund withdrawal delayed by 3.5 years and waiting

Hello Everyone!

I'm an ex-employee of (National Institute of Electronics and Information Technology) NIELIT, I resigned from the job after 3+ years of service from June-2010 to Jul-2013. I was under Central Provident Fund(CPF) scheme, In Mar-2013, we got an option to switch to EPFO (Employees' Provident Fund Organisation) from CPF, I opted for it, My PF deducted from salary in Mar, April and May-2013 was deposited in my EPFO instead of CPF. But my previous CPF is still not deposited into my EPFO account. My department is neither processing my withdrawal request and nor they are depositing my PF in my EPFO account. I resigned in Jul-2013 and it has been 3 and half years, I'm still waiting for my PF money to be withdrawn. I've sent several letters requesting to process my withdrawal, I received letter on 15-March-2016 saying my PF amount accumulated has been sent to EPFO, after that I had sent Form 10c and Form 19 dully filled form, my PF claim was rejected by EPFO because NIELIT didn't stamp it properly and my organisation joining date in EPFO record is incorrect. This was in May-2016, when I had resent my Form 19 and Form10c to NIELIT to stamp properly and send it to EPFO, after that I've not heard from NIELIT or EPFO.

Can I approach Consumer court against my ex-employer for delay in processing and making gross mistakes while processing my PF withdrawal application?

Is it advisable to approach Court?

I need some guidance to take my next step.

Regards,

Anish Bhatia

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9 Replies

Kumar Doab (FIN) 20 October 2016

Another prespective:

You have given avery long rope to past employer.

Lodge complaint with good offices of appointing authority,MD and draw thier attention to the harassment,lodd sufferred by you and request to undo the damage and compensate you also.

Thereafter lodge a RTI application on status and action taken and penalty imposed if any?

Thereafter puruse legal route.

Anish Bhatia 20 October 2016

Thanks for your reply Kumar Doab.

All this communication described above is with the highest level in organisation, all the letters I send are addressed to MD and I receive reply for the same.

I've also lodged a greivance on https://pgportal.gov.in/ and tweeted on official tweeter handle, after that I again got reply from them.

But the point is, they just reply that we're pursuing the matter and their has been no tangible action since May 2016.

Sudhir Kumar, Advocate (Advocate) 22 October 2016

You are clearly aware that your PF dues are not deposited.

whye you hve so far not given writtten complaint of evasion to the RPFC.

Kumar Doab (FIN) 22 October 2016

There have been views that Govt. employee can't approach DCDRF for dues.

Have you dsicussed the matter with your own counsel.

If yes what is the opinion?

Anish Bhatia 22 October 2016

@Sudhir: Thanks for your reply. This is not the case of evasion, as I was earlier under CPF not EPFO and money have been sent to EPFO now, but due to technical errors it's still not deposited in my account. I've already mentioned all these details in my first post. @Kumar: I've not approached any counsel yet, I'm yet to decide whether to approach legal court or Consumer court. I need guidance for that if my case is eligible for consumer court? I prefer consumer court as case will be decided faster than legal court.

U S Sharma (Owner) 07 January 2017

Please take a clear view of the status frist

you will get account balance, and KYC status, transfer status, if KYC is not updated, then enter the aadhar details / bank account & ISFC details/ Pan details

after submission, you can ask your employer just to verify it digitally. one step over, and now you dont need your employer help to file claim, you can use UAN based claim forms without help of employer

regarding transfer, you have to visit the RPFO in person

Sudhir Kumar, Advocate (Advocate) 07 January 2017

You are still not stating whether claim form has been submitted to EPFO.

if no then you have not beenrefused dues and cannot approach Consumer Court.

Sudhir Kumar, Advocate (Advocate) 07 January 2017

Originally posted by : Kumar Doab
	There have been views that Govt. employee can't approach DCDRF for dues. Have you dsicussed the matter with your own counsel. If yes what is the opinion?

sorry for partial disagreement. PF dues are subject of DCDRF.

jurisdiction of civil court is barred and even other wise it is not advisable to put matter on slow pace of civil court.

Sudhir Kumar, Advocate (Advocate) 07 January 2017

Originally posted by : Anish Bhatia
	@Sudhir: Thanks for your reply. This is not the case of evasion, as I was earlier under CPF not EPFO and money have been sent to EPFO now, but due to technical errors it's still not deposited in my account. I've already mentioned all these details in my first post. @Kumar: I've not approached any counsel yet, I'm yet to decide whether to approach legal court or Consumer court. I need guidance for that if my case is eligible for consumer court? I prefer consumer court as case will be decided faster than legal court.

earelier you clearly stated that "My department is neither processing my withdrawal request and nor they are depositing my PF in my EPFO account." So inference of evasion is evident. Please come with clear facts. Beofere acting above views of mine.