Hello,
I have a longstanding grieviance about my PF transfer. I started transfer from Company A to Company B in March 2009. In June 2010, Company B's PF vendor informed me the transfer was completed with specific EE and ER amounts. I took printouts of this from PF vendor's website. After about a year, the vendor changed, and around a month back I visited the new vendor's website which showed totally different data. After several days of escalation and investigation including onsite visits to EPFO office by 2nd vendor, it seemed 1st vendor didn't complete the transfer at all, instead intentionally or unintentionally misinformed.
1st question: Is the company liable for its vendors to whom it outsources such work?
Now even more fun...
Vendor 2 did some more research at PF office and found that company B had wrongly stated the transfer-in account number in the EPF transfer form (swapped last 2 digits) originally in 2009. So I guess my money is now probably sitting in some lucky guy's PF account, and explains why on epfindia.com neither old PF or new PF accounts have transfer money.
Vendor 2 has asked company to give legal indemnity statement to EPFO stating that EPFO is not liable for any claims coming from this transfer due to company's error any time in the future. Vendor 2 has also informed that correction process is timeconsuming and may take 6 months.
As I am a current employee, I am not keen on pursuing a legal route and I also have otherwise good working relationship with employer . However, I surely want to know where I stand:
- If the lucky guy has cleaned out his account with accidental bonus, is my company liable to pay the transfer amount (plus interest) from its own pocket?
- What happens if I leave in next 6 months? Is the process lost forever?
- Does company B have any liability at all? Given the latest development of having to provide legal indemnity letter on stamp paper to EPFO as requested by vendor 2, I'm not sure if company Legal department will write such a letter.
I have all documentation - all in-company e-mail communication, copy of first transfer application, letter by company B to company A informing of PF transfer with wrong application number, printout of statement by first vendor stating incorrect amounts.
