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Yogesh (Distribution Manager)     08 June 2011

Ex Employer not givin status of EPF even after a year

Dear Sir,

I would like to ask you for a suggestion to get my PF withdrawal. I had left BHarti Axa Life Insurance on 25 Feb 2010 after serving a Notice period of a month. Since them i am struggling to get my PF. I claimed it after 2 months of my last working date to which they kept on saying for 2 months that it is in process & will let u know the status. After writing numerous mail i was finally told that your form has been rejected so you need to send a new form which i did. Then i again started writing mails for the acknowledgemnt of receipt to which they said they never rcvd so i sent them a copy of "Proof Of Delievery" then after a month they finally accepted it & said will process it. Then they stoipped answering my mails. After a few mails they gave it to me on mail that my PF form has been sent to PRFC Bandra on 17/1/2011 & they will settle my  PF withdrawal in 90 days. But then it has been more than 5 months now & i still have not recieved my PF. Now the situation is they dont even reply back to mails. My question to Bharti Axa & people working there is is this why they deduct PF from employee's salary. Now i really doubt if they deposit it to the PF office or not. Please advise how can i take it up legally with them.



Learning

 5 Replies

Samson Samuel (Lawyer)     08 June 2011

Hi Yogesh


You can directly check your claim status on the EPF website. The link to the website is given below.

https://www.epfindia.com/ClaimStatus_New.html


Use this link to check your claim status. To check the status you just need your PF Account Number.

Steps to view the status:

  1. Select your PF Office
  2. Then in front of PF A/c No. , Third block is your employers pf no. & leave the 4th blank, 5 th is your account no.

 

Now you will have your claim status if your company have submitted your forms.

 

If the company has not submitted your forms, then you can directly send the forms to the PF deptt. attaching with it proof that you sent the forms to the company and also a covering letter.

Kumar Doab (FIN)     08 June 2011

Mr. Samuel has given useful info. Please follow the advice.

Company stated by email that your form has been rejected. You can ask for the reason and return of rejected form.

Once the company states that they have not received your form, they have to stand by it. They have probably willfully harassed you.

On submitting POD they accepted they had received it, and then agreed to process and deposited your new form with PRFC Bandra on 17/1/2011, and they are duty bound to supply you the acknowledgment issued by PF office for your forms. You should ask for it. Company has to deposit forms with in one month or they can be penalized.

 

Kindly note:

If the employer delays PF authorities can penalize and they levy heavy penalties.

If you wish to lodge your grievance online visit www.epfindia.gov.in and lodge your complaint on line. You shall be issued complaint number, contact details of RPFC official and resolution time of 1 month. You can check the status of your complaint on line by using the password.

If it is not resolved you can:

- contact them on phone and follow up.

-escalate to cpfc, PRO and even the superior officer of RPFC official, and ask for reply. This shall move them.

-raise RTI. This shall certainly move them.

 

The complete process, contact details are on website. In your complaint:

1. You may state date of supply of PF forms (1st time) and ask for reason of rejection and date of supply of rejected form by PF office to company. You can mention despite your representations company has neither informed you reason nor rejected form.

2. Date of supply of PF forms (2nd time)and date of submission by company to PF office, and its status. You can mention despite your representations company has not supplied you the acknowledgment issued by PF office.

Let the company face the queries and answer them to PF office.

Samson Samuel (Lawyer)     09 June 2011

Mr. Kumar

Your information was usefull to me as well. I want to know one thing that once the form has been submitted with the PF deptt., how much time do they take to settle the claim. My claim form was received by the PF deptt. on 13.04.2011 and since then its shown as under process. Can i file a RTI? Will it help?

A K CHANDOK (SELF)     23 June 2011

Dear Sir,

Though, statutorily, the claim is to be settled with in 30 days of receipt if found in order or to be sent back ,but keeping in view the high pendency of claims in many offices, it takes time to settle the claims with in 30 days.Seeking information under RTI will though help to some extent, but will take another month,s time.

I will advice to seek remedy through competent consumer court of law for effective immediate remedy at this stage where already much time has taken place.

Chandok

(ex RPFC)

Kumar Doab (FIN)     23 June 2011

Learned Mr. Chandok has given valuable advice. Kindly follow it.

You have mentioned in your post"Please clarify

You can demand from company:

1. Date of receipt of first PF form, Date of its submission to PF office, original copy of acknowledgment issued by PF office meant to be supplied to you by the company and its POD towards delivery to you, date of receipt of rejected form  PF office and reason of rejection, date of supply of rejected PF form to you and its POD.

2.Similarly for 2nd PF form, Date of receipt of first PF form, Date of its submission to PF office, original copy of acknowledgment issued by PF office meant to be supplied to you by the company and its POD towards delivery to you.

After your PF form is submitted to PF office, you need to follow-up with PF office.

You can write to them mentioning date on which you dispatched 1st and 2nd PF forms, and date of its receipt by company and enclose copy of POD, date of receipt of PF forms by PF office, date of supply of acknowledgment of PF forms by PF office to company and you should mention that company never supplied these to you, reason of rejection of PF form and date of its supply to company, status of your 2nd PF claim, request them to supply the relevant details, say with in one week.

 

If they do not supply these to you, you can raise RTI, application.If you have ny doubt that company has not been depositing the employee/employer's contribution to PF office you can enquire from PF office thru RTI.

You can ask the company to supply you, your PF acuumulation reports by registered post.

These details and documents shall help you in consumer case.

You can send separate expense statement of expenses incurred by you on follow up by enclosing copies of bills of emails, phone calls, courier etc. Company having received the forms, can not  state that they have not received it and keep you anxious and tense for one month and wasting your hard earned monies on follow ups by you. Company should act in responsible manner.

 

 


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