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girish (MANAGER PRODUCTION)     06 January 2012

Pf transfer issue

I had applied for PF transfer from my old PF account (TN/MAS/9614/1536) with RPFO Chennai to new PF account to my present employer PF trust ( SRF Officers PF trust- Gurgaon) in 2010. As transfer did not happen till then , to my query I filed a grievance in EPFIGMS ( rchen/e/2011/02769) dated 24th March 2011, addressed to RPFO Chennai , they closed this grievance by stating to submit fresh Form13. Hence new Form 13 was personally handed over to your PF office and acknowledgement was received dated 23rd May2011.However my PF transfer was not effected till date. Again I filed another grievance in EPFIGMS (rchen/e/2011/07409) dated 08th Oct 2011. This was also closed on 30.11.2011,stating my PF account was transferred . But it did not happen .Despite my two grievances filled in EPFIGMS transfer was not done. I had to personally reach  PF office and going to various sections / departments , understood that my PF accumulation was transferred wrongly to my pension account (TN/MAS/9927/91823) instead of transferring to my new employer PF trust. I had escalated this issue to Assistant commissioner level and he had assured me that it will be settled by  30.12.2011. But it was not happened. Again I had to PF office and met the AC again on 05.01.2012.  Almost 3 years my PF amount transfer is pending to get transferred . I humbly request you to look into this matter and i was adviced to file application in lokadalat by one of the pf office employee  in enquiry section who voluntarily toldme on seeing me many time in his officce. Hence please advice me further course of action by which my grievance is addressed.Is there any implication for me when i file in lokadalat. do i need a lawyer to represent? can i get compensation for my strugle and mis handling of my PF account by the PF office.

Anticipating your feed back on this.



Learning

 25 Replies

Kumar Doab (FIN)     06 January 2012

Kindly keep original travel tickets, phone call bills, photocopy bills, letters, internet bills etc with you.

You could have escalated the matter to the o/o CPFC as a complaint since you have been visiting in person with all details of date, person met. You could have also used the RTI route, and thus might have been able to save precious time and hard earned monies, and thus could have succeeded in departmental punishment to careless and recalcitrant personnel. This would have fetched relief to you and fellow employees who face harassment at the hands of PF office personnel.

Lok Adalat:

There is no court fee and no rigid procedural requirement (i.e. no need to follow process given by Civil Procedure Code or Evidence Act), which makes the process very fast. Parties can directly interact with the judge, which is not possible in regular courts.

A case can also be transferred to a Lok Adalat if one party applies to the court and the court sees some chance of settlement after giving an opportunity of being heard to the other party.

If a compromise is reached, an award is made and is binding on the parties. It is enforced as a decree of a civil court. An important aspect is that the award is final and cannot be appealed, not even under Article 226 because it is a judgment by consent.

All proceedings of a Lok Adalat are deemed to be judicial proceedings and every Lok Adalat is deemed to be a Civil Court.

"If the parties have been heard and do not arrive at any compromise or settlement, the unsettled case is either returned to the Court of law or the parties are advised to seek remedy in a court of law."

girish (MANAGER PRODUCTION)     08 January 2012

Thank you sir for your reply.

I have following proofs

1.i have the visitors slip for those days i had went to the PF office,

2. Grivenace filed in PF office official web site and there reply,

3. Acknowledgment slip for the receipt of Form 13 by pf office

4. Proof that my PF amount was wrongly sent to pension account via the 2nd grievance reply stating my amount was transferred to pension acount by PF office

5. Copy of my form 13 and covering letter from my new employer stating clearly where my pf amount to be transferred and pension amount to be transferred.

kindly advice me is there any other documents required to be strong in my appeal to lok adalat..

Please clarify me that can i get compensations for the delay and if i can .. how to calculate the compensation amount which is rational and cannot be  denied...

girish (MANAGER PRODUCTION)     08 January 2012

Thank you sir for your reply.

I have following proofs

1.i have the visitors slip for those days i had went to the PF office,

2. Grivenace filed in PF office official web site and there reply,

3. Acknowledgment slip for the receipt of Form 13 by pf office

4. Proof that my PF amount was wrongly sent to pension account via the 2nd grievance reply stating my amount was transferred to pension acount by PF office

5. Copy of my form 13 and covering letter from my new employer stating clearly where my pf amount to be transferred and pension amount to be transferred.

kindly advice me is there any other documents required to be strong in my appeal to lok adalat..

Please clarify me that can i get compensations for the delay and if i can .. how to calculate the compensation amount which is rational and cannot be  denied...

Sudhir Kumar, Advocate (Advocate)     08 January 2012

No lok adalat. Govt deptts organise such drama.  Consumer Forum is the channel which can give you.damages.

girish (MANAGER PRODUCTION)     08 January 2012

how to go to consumer forum... can PF case can be approached in consumer forum..

Kumar Doab (FIN)     08 January 2012

You may submit a complaint to CPFC also:

Name
Address
Telephone
FAX
e-mail cpfc@epfindia.gov.in

by name and by letter followed by email.

girish (MANAGER PRODUCTION)     08 January 2012

Sir I had already sent a mail from office id to  ''ro.chennai@epfindia.gov.in'; 'acc.tnkr@epfindia.gov.in   and cc to 'sanjay.kesari@epfindia.gov.in'; 'cpfc@epfindia.gov.in';  no reply so far..

Kumar Doab (FIN)     08 January 2012

It is seen that when a member submits reminders cpfc at the max forwards email to rpfc with a copy to member. You may try submitting a representation with title NOTICE to cpfc and narrate your grievance and expenses incurred so far and charges for legal consultation, legal notice, legal case ( civil/criminal). This may move the o/o CPFC..

If nothing works you may submit a legal notice, and approach court of law e.g. Lok Adalat, Consumer Forum etc.

You can also evaluate the option of availing the services of a PF consultant at Chennai.

girish (MANAGER PRODUCTION)     08 January 2012

on surfing through net i could find that in PF act as per par 72 (7) it PF office bound duty to settle the pf account within 30 days from the date of receiving the form. failing which interest @ 12% shall be collected from the concerned PF office commissioner's salary.

Kumar Doab (FIN)     08 January 2012

Submit your representation to CPFC by a notice ( which you can also send) by letter followed by email,and demand compensation.

You are rightfully entitled to this penalty to be imposed , collected, an disbursed by CPFC to You.

R Nandy (N.A)     11 January 2012

Please send any correspondence to CPFC only by registered post with AD. Somehow only written letters are taken seriously by PF department.They will forward the complaint to RPFC and the matter will be taken up seriously.

In case you don't get a reply file a RTI.You will get a reply withing 30 days.


 

girish (MANAGER PRODUCTION)     11 January 2012

please advice me on compensation calculation

girish (MANAGER PRODUCTION)     11 January 2012

My PF amount is Rs 2,27,799/- as on 31.03.2011. i wanted this money last year to purchase a property and i was forced to go for private bank loan which is 18.5% pa... from june i am paying heavy EMI. i dont want this PF office guys let go so simple by just transfering my accumalation and wash their hands..i ready to hier a lawyer how can get me some reasonable compensation.

girish (MANAGER PRODUCTION)     11 January 2012

is there any lawyer in chennai who can take up this case and confident enough to win can contact me at my e-mail id kvb.girish80@gmail.com. from there it can be proceeded.


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