R Nandy (N.A) 02 October 2011

Discrepancy in epf account and brach of trust by epfo

This is my first post in this forum.I would like to have a opinion on my case from learned lawyers in this esteemed form.

Summary: Transferred sum from previous company not updated in current EPF account due to accounting discrepency in EPF account and false funrnishing of information by EPFO.

The details of the case are as follows:

(1) Money received by Bangalore EPFO in 2007-8 from EPFO,KR PURAM,Bangalore via check.

(2) Money received is updated in a register in 2007-2008.But,money is not taken into my EPF account

either for that year or later.I files an online grievance regarding the same but the grievance was falsely

closed saying that money is taken into my account for the year 2008-2009.This was mismatching with my

EPF statement for the year 2008-2009.

(3)I had also visited their EPF office in early 2011 and did inspection of the account records and saw that the amount received in 2007-2008 was not updated in my account for any year. I don't hold any documentary evidence regarding the same what I saw it in the Ledgers.I requested them to update it in my account but they said that they can only update it once a year and that they will do it later.

(4) I made a complaint via registered post with AD with CC to Central PF comissioner to Regional PF comission regarding this accounting dicrepancy along with the false closure of grievance as stated in (2) with copies of reply from EPF Bangalore and also my PF statement for the year 2008-2009 thereby exposing the lie. Later,I received a letter signed by Regional PF comissioner Bangalore stating that they had taken the amount in my EPF account for the year 2008-2008 and not 2007-2008 and they "regret the inconvenience" caused to me. This is of course a complete false information as the amount was never updated for 2007-2008.

(5) After getting the false information from PF office as stated in (4),I have filed a RTI reguesting EPFO Bangalore last month to furnish the Name designation of officials who have provided data for the reply made by RPFO in (4) . I have also requested them to furnish certified copies of records to substansiate that my EPF account was updated for 2007-2008.I am waiting for their reply.

In case I don't get a reply or if these people again furnish false information,I want to know what legal recourse do I have to make them 'work' and rectify the discepancy in my account.Can I file a FIR/suit under section 407 and 409 against unknown person in the EPF department for misappropiation of my funds?

Kindly note that the amount involved is only Rs 25,000 so I don't want to get involved in a costly exercise.My only purpose is to make these shameless people 'work' and solve my problem.

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3 Replies

Kumar Doab (FIN) 04 October 2011

It is felt that:

-The ever changing statements are being issued to transfer the onus on one and another in PF office.

-The disclosure has to be made in respect to your RTI application.

-Since you have submitted representation to CPFC and based on that you have received replies which according to you are false since as the amount was never updated for 2007-2008.

- You can raise RTI application with CPFC office and demand certified copy of your complaint received by CPFC, certified copies of all letters/memos/emails written by CPFC and received by CPFC in respect to your complaint. You can demand reply why CPFC did not reply to you under his original seal and signature and what is his reply.

You can lodge complaint with Chairman Board of trusties and Minister of Labor and Employment and demand penalty on all staff for suppressing, concealing, and destroying facts and giving false statement etc.

1 Like

R Nandy (N.A) 08 October 2011

Doabji,Thanks for the reply.

Today I got a reply for my RTI application with split up of the the details for 2007-2008,2006-2007. Actually the transferred amount was updated in my account for the final closure for 2006-2007as shown in the certified copy as provided by them.So,I have not lost any money.

This was more a case of miscommunication as the transferred amount was not available as a separate entry and I missed it out in the interest as the amount was not very large. Though the EPF people are not at fault,they did'nt provide consistent information against my earlier giervances and made me more confused.And the EPF clerk was also confused with the accounts and incorrectly told me that entry has not been made for the transferred amount.

My company EFP person was also confused and said account is not updated with transferred amount.Anyways finally no harm done.Of couse it showed the efficacy of the RTI method.

Kumar Doab (FIN) 10 October 2011

It is plaesure to note that your matter has been resolved to your satisfaction.

It is good that you are vigilant and you maintain proper record. Kindly create awareness and advice all your collegues, near and dear ones to maintain proper record and remain vigilant.