ASSISTANT PROVIDENT FUND COMMISSIONER & ANR, REGIONAL PROVIDENT FUND COMMR Vs. SHYAM SUNDER AGGARWAL

JUDGEMENT

(1.) The respondent/complainant, who was earlier working with Saraswati Sugar Mills, left the service of the aforesaid employer and joined the service of Lodha Offset Printer at Jodhpur. A cheque of Rs.19,85,796/- sent by the previous employer of the complainant was received in the office of the petitioner on 06.06.2006. The aforesaid cheque included interest till May 2006. According to the complainant, though the cheque had been received by the petitioner on 06.06.2006, interest for the month of June 2006 was not paid to him. After leaving the services of Lodha Offset Printer in March he joined the services of T.P. Multimedia. On joining T.P. Multimedia, he applied for transfer of his provident fund accumulation from his Account No.RJ/7216/242 with Lodha Offset Printer to Account No.RJ/17434/21 with T.P. Multimedia. The requisite documents in prescribed form were duly received by the petitioner. The complainant left the services of T.P. Multimedia after two months and applied for withdrawal of his provident fund accumulation. His request was duly received by the petitioner on 15.05.2008. According to the complainant, he started construction of his house in anticipation of receipt of payment of his provident fund accumulation but had to stop the same since the said payment was not received. When he approached the office of the petitioner, he was informed that his application for transfer of his provident fund accumulation from Lodha Offset Printer to T.P. Multimedia had been misplaced and he was asked to submit another application. Having no alternative, he submitted a fresh application. However, only a sum of Rs.4343/- was paid to him by the petitioner and he was asked to fillup another application form, for withdrawal of the provident fund accumulation lying in his account with Lodha Offset Printer. Eventually, a payment of Rs. 23,66,555/- was made to the complainant, which he received on 07.09.2008. According to the complainant, though he was entitled to Rs.2,40,3299/-, the payment made to him was less by Rs.36,744/-. He claimed that no interest was made to him for June 2006 and August 2008. Alleging deficiency on the part of the petitioners, he approached the concerned District Forum seeking the following reliefs:- a) Less payment of interest as mentioned above and as per statement enclosed Rs.36,744/- b) Extra amount spent by complainant for construction of house because of delay on the part of defendant-1 to pay provident fund dues of complainant in time Rs.40,000/- c) Compensation for Mental Harassment caused to complainant who is a senior citizen Rs.45,000/- d) Legal Expenses and miscellaneous expenses Rs.15,000/- e) Less payment of provident fund settlement of provident fund account no.RJ/17434/21 Rs.2,657/- f) Interest from the dates amounts at (1) and (5) which are payable to be determined at the end and due till these are paid time of payment Total = 1,39,401/-"

(2.) The complaint was resisted by the petitioner on the ground that from no.19 through the Account No.RJ/7216/242 with Lodha Offset Printer was received in the office on 21.08.2008 and payment of Rs.23,66,555/- made to the complainant as per rules. As regards the cheque received from Saraswati Sugar Mill, it was stated that the said cheque having been received in the Office Account on 24.06.2006, no interest for the month of June 2006 was payable. It was further stated in the reply that since the Account No.RJ/7216/242 was approved on 29.08.2008, the interest for the month of August was also not payable.

(3.) The District Forum vide its order dated 15.07.2013 directed as under:-