Pf claim form not submitted by employer

You must in writing under proper acknowledgment:

1.      Express your resentment with company and hold them fully responsible for not  properly submitting the attested PF forms with PF office and also for not supplying the acknowledgment issued by PF office to you……………..and the harassment and loss you have suffered……..and demand compensation…..

The designated HR person/authorized signatory/employer personally is responsible for obtaining acknowledgment from PF office…….

2.      Lodge complaint with RPFC (attach copies and date of submission of PF forms to company) and hold him responsible for loosing PF forms in his office………………………and demand that proper inquiry be conducted to fix the responsibility on delinquent person and punished……… by referring to CCTV footage and record and raise questions how can non issuance of PF forms to company be allowed………….. and PF consultant be allowed………….and that as per company’s statement PF office is liable to compensate you………………….

If the window is under CCTV footage the company and PF consultant shall be liable for falsification……………….and /or RPFC can find out and confirm that no one from the company came to submit the PF forms……….

The delinquent PF employee may be panelized, and compensation awarded may get deducted from his payouts……

3.      NO one is going to buy the statement that company is not liable to submit the attested PF forms to PF office.

Moreover if company wanted it could have supplied the attested PF forms to employee…..

4.      Apology is warranted but apology alone will not be sufficient for either company or delinquent PF employee………………….

There is no escape route for the company as per details posted by you……..

Your lawyer may opine that once you have proceeded properly you can pull company and EPFO to consumer forum too……

Dear Abhijin,

What my expert friends and colleagues have mentioned is absolutely fine in theory. However, rather than penalizing the company or its employees, your first priority is to get back your money.

1. For the same, please re-submit the forms immediately to the company in writing, and ask the HR guys to personally oversee and expedite their verification and submission to the PF office.
2. Once the Forms are submitted to the PF office and you have received the acknowledgement thereof, you should get your money into your account within 15 days through Electronic Transfer.
3. Please ensure that you have submitted a signed and cancelled cheque along with the forms from your individual account and with your name printed on the cheque.

You are free to pursue the legal options thereafter and can ask for compensation from the Company through a Civil Suit or Consumer Court.

Will my learned colleagues be ready to advise you on the time period and costs of the litigation and the amount of compensation you can expect (since your PF balance is in the range of Rs.1,15,000.00, as mentioned by you).

I suggest that you put your energy and efforts on first withdrawing the PF amount and then on furthering your career rather than wasting it on a time-consuming and ultimately useless legal battle with your previous company. Try to coordinate with the HR guys to get your Forms re-submitted immediately and without delay. You can and should use the present fault of the company to frighten them and urge them to hasten the process.

1. Along with your complaint (even thru RPFC in nearest PF office- of course under proper acknowledgment) you may attach the duly filled in PF forms attested by any of the designated ones e.g. BM of the bank where you hold an a/c........................and adding your complaint that you have lost faith in the company/consultant/PF officials and RPFC may depute the PF official to visit the company, penalize it on the spot with a copy to you,get your forms attested (if required) and to release the funds in your a/c.....

The RPFC can get it done........

2. The case is crystal clear and you don't even need a lawyer in consumer forum for such case and anyone can represent you as your representative..........including your family member,consumer activist,NGO, neigbourer,employees/trade union leader etc..........................

If you wish I can send a PM on fee usually a lawyer charges for a Consumer case...................it is small amount......

3. By penalty,punishment, you shall be reducing one HR person,consultant,company and penalty,punishment alone shall frighten them..................nothing else...................and by doing it you shall be doing good for yourself and others too, as desired by you.............. 

4. If the RPFC has decided that the conduct of the company is improper,bad,violative of statue, and reprimand,penalty is awarded then your purpose is achieved.....................and this being a crystal clear case you are likely to get good order.......

The courts of law have taken employee friendly stance when 'Social Security' tools like PF and violation of social security laws are involved...............The courts of law have unparalleled powers and can award the compensation demanded by you............

The RPFC, lawyer can update you further.....

I shall not be commenting on the comments of any other member and I will be stressing upon my observations alone.............................

You have a good case, full of merits, and you are likely to be awarded compensation......and you should act....

Hi Kumar,

Thanks a lot for helping me with the step by step process I need to follow..

Since i am going against with one of the biggest company in the world, i am asking these questions..

If possible can you please share the fee which lawyers charge on these cases..

I am from Bangalore..

The fee of lawyers in DCDRF is very reasonable.

However you have to discuss it in person with lawyer of your choice.

The reply of the company can be construed as an allegation on EPFO or o/o  RPFC and they may inquire and conclude it as PF forms were not submitted......at all.................and if you can produce record (phone calls,emails etc) it may establish that only after you ensured strong follow up the company replied and passed the buck to ..................some consultant.........................and it may imply PF forms were not attested...

YOu may visit court complex,consumer forum and meet lawyers of your choice.

Your near and dear ones can also guide you to a lawyer.

DBA at each location maintains website and office bearers can guide you.

Employee's/Trade Unions have their empanelled lawyers  and they can guide you....................moreover the unions leaders are well informed and can handle such maters as your authorized representative and may not even charge or may charge a small amount for welfare fund...........

You can also search lawyers at LCI at: 

https://www.lawyersclubindia.com/lawyers_search/

A lawyer in your neigborhood can also guide you...

have you complained to the RPFC?

without that your fight does not start.