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Pf claim awaited

(Querist) 15 January 2014 This query is : Resolved 
Hello,

I was on contract employment with MaFoi Consultancy from Jan 1, 2010 and they had posted me to Indus Towers Ltd at their Andheri office.

I resigned in March 2013 and eversince, am following up with them for my PF. They made me fill up a withdrawal form thrice and finally, in July 2013, they sent me a tracking number of DTDC saying they sent my form to PF office at Chennai. I tracked the courier and it was received at PF office on July 27, 2013.

I began searching the sites of PF and everytime they said my form had not reached them. When I contacted MaFoi, I got a mail from them saying since audit was on at PF office the relevant sites were not updated and my amount would be recd by Nov 29.

When I did not get my amount, I contacted Indus Towers to find out what they are doing to help me - all communication with MaFoi were copied to the HR at Indus Towers.

Finally, I got a reply from Indus and MaFoi saying I would get the amount by Dec 2013. I recd an acknowledgement from MaFoi - they said it was given to them from the PF office and it bore the date as 29th Nov as date of receipt of my documents!

After this, I wrote to the PF grievance cell and they say they have not recd my documents! MaFoi and Indus are not responding to my mail.

I don't know what I should do now - can you please help me. I have all relevant mails where they have lied to me with courier tracking details, dates, acknowledgement etc.

Regards

Mangala
ajay sethi (Expert) 15 January 2014
complain to regional provident fund commissioner . if no action taken by commr then move consumer forum against company and commr
V R SHROFF (Expert) 15 January 2014
Issue joint notice to co+ pf
if not settled within 15 days, comp to cons forum/ against both parties.
Devajyoti Barman (Expert) 15 January 2014
yes, do as advised above.
Rajendra K Goyal (Expert) 15 January 2014
Well advised by the experts, agree to it.
Kumar Doab (Expert) 15 January 2014
You have posted that:
---“They made me fill up a withdrawal form thrice “
Hope you have submitted all the 3 times under proper acknowledgment.
----“and finally, in July 2013, they sent me a tracking number of DTDC saying they sent my form to PF office at Chennai.”
The company is not expected to supply the AWB number of courier but the acknowledgment issued by concerned PF office for you to the company.
Demand from appointing authority that the acknowledgment issued by concerned PF office of your PF forms submitted by company be supplied to you in original by redg. post only so as to reach you nin say.....................next 7 days, and affirm to supply the postage prepaid ( as purchased from PO) self addressed envelope if company demands it in writing.
----“ I got a mail from them saying since audit was on at PF office the relevant sites were not updated and my amount would be recd by Nov 29.’
“Finally, I got a reply from Indus and MaFoi saying I would get the amount by Dec 2013. I recd an acknowledgement from MaFoi - they said it was given to them from the PF office and it bore the date as 29th Nov as date of receipt of my documents!’
This in itself is admission that your PF forms were received by the concerned company that had appointed you/deducted PF and company had receive the acknowledgment fro PF office.
You may also demand the original PF a/c slips of whole tenure of service from appointing authority by redg. post only.
Thereafter you may lodge a written complaint with RPFC in nearest PF office to you, attach copies of the relevant communication showing submission of PF forms 3 times by you, and of the company affirming that “from the PF office and it bore the date as 29th Nov as date of receipt of my documents’
Do not forget to obtain the diary number, seal, and signature of acknowledgment from RPFC on your copy.
RPFC even in nearest office to you shall do the needful that may involve penalty to company and deduction from salary of erring PF offcial.
Demand reply from RPFC too by redg. post only. You have the option of pursuing the RTI route.
This shall move everyone at a super fast speed.
If they do not resolve move to any forum after having built enough record in your favor.
Sudhir Kumar, Advocate (Expert) 15 January 2014
how are you sure that you PF dues have been deposited.
Mangala (Querist) 15 January 2014
Thanks to all of you...shall do as suggested.

Sudhir Kumar, I know the amount has been deposited as I downloaded the PF passbook.

Mangala
Devajyoti Barman (Expert) 15 January 2014
welcome.........
Sudhir Kumar, Advocate (Expert) 15 January 2014
so non-attestation of claim form is offence on the part of employer and you have to submit a written complaint to the RPFC concerned.
Rajendra K Goyal (Expert) 16 January 2014
Send complaint to RPFC for non attesting of the claim forms.
Advocate. Arunagiri (Expert) 16 January 2014
For claiming the refund from the PF account, you need not go behind the employer. You can directly submit the forms to the PF office, that PF office will send the forms to the company and will obtain the signature.

You will get your refund.
V.T.Venkataram (Expert) 16 January 2014
I suggest that you can invoke the most powerful RTI, since they are statutorily bound to reply you within 30 days.The following is the format:-
Date
From,



To,
The Information Officer,
Office of the Central Provident Fund Commissioner (West Zone),
Bhavishya Nidhi Bhavan,
341, Bandra (East),
Mumbai – 400051.

Sir,
Ref: PF Account No -----------------
I was working in MaFoi Consultancy from Jan 1, 2010 to March 2013, and they had posted me to Indus Towers Ltd at their Andheri office.

My application for withdrawal of PF accumulations was duly filled and was sent to you by speed post in July 2013 and I have proof that it has reached your office on 27/7/2013.
I Seek the following information under Sec 6(1) of the R.T.I Act ,2005.
“ What is the present status of my above application ?”
I herewith Enclose Postal Order No.-----------------Dated ----------- for Rupees TEN only as fees .

If the Above information does not come under your purview , Please transfer it to concerned public authority, under intimation to me , under Sec 6(2) of the Act.
Thanking You,
Yours Faithfully,
Mangala (Querist) 16 January 2014
Thanks Mr.Venkataram...my PF is with Chennai PF office.

Where should I send the letter for Chennai? Can you please guide me?

Mangala
Advocate. Arunagiri (Expert) 16 January 2014
Mr.Venkatram had given the address also, what else you want.
Mangala (Querist) 16 January 2014
I just asked him if he has the Chennai RTI address as my PF is with Chennai office!
V.T.Venkataram (Expert) 16 January 2014
You can address th RTI to:-
The Information Officer,
Shri N.Annavu, APFC (Adm.)
CAPIO,
No. 37, Royapettah High Road,
Opp. Swagat Hotel,
Chennai - 600 014 .
It has been the experience of a lot of employees that they get good results by resorting to RTI.
Best of Luck !!
Mangala (Querist) 16 January 2014
Thanks again Mr. Venkataram. Shall do as you have suggested.

In the meanwhile I came to know from the other contract people associated with Indus that Indus changed the contract of the staff from MaFoi to another agency after I resigned and asked all of them to withdraw their PF.

Accordingly they also filled in the forms in March itself and 3 of them from Mumbai office got their pension amount according to alphabetical order - abishek, akilesh and alpana got it - the payment would be made in 3 parts and the least amount was credited to their account.

Does PF work according to the alphabetical order? These people got the amount 10 days ago - by now I should have got it if they are doing it on a daily basis.

Can any of you enlighten me on how this happened?

Mangala
V.T.Venkataram (Expert) 16 January 2014
PF never settles claims in alphabetical order !!!!.please verify where your PF amounts were remitted.
V R SHROFF (Expert) 16 January 2014
NOTHING TO ADD
Mangala (Querist) 16 January 2014
PF has been remitted to Chennai PF office and thankfully I have downloaded the PF passbook.

Atleast I know my amounts have been credited to my PF account.
T. Kalaiselvan, Advocate (Expert) 17 January 2014
Nothing more to add
Sudhir Kumar, Advocate (Expert) 17 January 2014
you know that :-


(i) PF is deposited
(ii) it is deposited in chennai
(iii) employer has not attested & submitted the form

DO you think raising blogs on this forum can be substitute for your visiting PF office.
Mangala (Querist) 28 February 2014
Dear Mr Venkataram and others

As per advise from Mr Venkataram, I wrote to the RTI as per his draft enclosing the acknowledgement receipt I recd from the PF office after Randstad submitted my withdrawal forms to the PF office and a copy of my PF passbook that I downloaded online.

Today I received a reply from the Central Public Information Officer, Mr. Pankaj Raman - Regional PF Commissioner II saying that my settlement form has not been recd by them yet, inspite of sending him the acknowledgement receipt.

He also mentions that the Appellate Authority is Srhi S Durga Prasad.

What do I do next? Please help.

Mangala
Mangala (Querist) 28 February 2014
FYI, my letter was dated 21st Jan 2014 and it was recd at their end on 23rd Jan 2014 as per the AD slip I recd back.

Mangala


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