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Sarabjit singh (Executive)     01 October 2013

My pf wrongly transfer to other employee account

I am sarabjit singh worked with techmahindra ltd from 2March 2007 to 17 Dec. 2010. During working my pf account is settled in 2009 as per pf office Pune India. My details are given below.
Name Sarabjit singh
Emp code 27562
Pf number mh/pun/34224/22859
DOB 25-07-1986
DOJ 2-03-2007
DOR 17-12-2010

After resigning I had applied so many times then received form rejected. After that put RTI then received infomation pf wrongly transfer to other ex employee account same name sarbjeet singh employee code 24459. He resigned in 2008. He put pf request and mention my pf number in his form and company HR & pf department not check the form & settled the account without checking. At this time account showing settled and pf department & company HR told on call. put grivence in website of EPF. After put grivence we received mail your pf account is settled. Please help to resolve this issue to withdraw pf & if you wish any proof related to issue please let me know.
Please Suggest How Should I received my PF. First Company HR Not check PF form of  Other Employee and forward to PF department and second PF department not check and transfer.

Please help me to withdraw my PF. Also attach First RTI complaint as we received information my PF wrong transfer to  other  employee account.

Regards,
Sarabjit singh
 



Learning

 17 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     01 October 2013

You file complaint before  Provident Fund Officer against your Ex-employer to transfer your P.F. to your present  P.F. Account or your  Bank Account.

Sarabjit singh (Executive)     01 October 2013

Me Ex Employer Tech Mahindra Ltd Noida Branch A-100 Sector 58 Noida Uttar Pradesh.Last company HR Abhishek Mishra. I talk to Company Hr through Emails or call, He told me as per PF department suggestion You register Grievence in EPFO website. My PF amount is wrongly transfer to other employee account. It Means Other employe with same name Sarbhjeet singh Put my PF Number to his PF form and Company HR and PF Department of TechMahindra Ltd Pune not checked the form and transfer amount from my PF account to his Bank Account not My bank Account. At this time  Company HR told this is not my fault, PF department not check the details and transfer the amount then your PF account shows Settled in 2009. BUt I resigned my job in December 2010.

Please check the issue and resolve this issue.

 

Sudhir Kumar, Advocate (Advocate)     01 October 2013

it is pure fraud and should be dealt accordingly.

Kumar Doab (FIN)     01 October 2013

Do you have copy of PF withdrawal forms submitted by you?

 

Your representations now should preferably be drafted and structured by your lawyer.

 You should obtain thru RTI  the certified copy of PF withdrawal forms attested by company and received by EPFO, PF calculation sheet, cheque/advise sent to bank fro credit to your bank account so as to establishment the error.

 

Once these docs are in your hand, you may proceed further.

 

>> Narrate all representations made so far by letter addressed to good offices of appointing authority, MD, Company Secretary (mention dates……………….phone numbers…………..names…………………………designations………………….dept………………….name of company………………..address and brief minutes of discussion)  and conclude that company and its concerned personnel are at fault and should have supplied you the certified copy of PF withdrawal forms submitted by you, both Sarbjit Singh’s, acknowledgment issued by PF office for Sarabjit Singh (you) E. Code…………………and Sarabjit Singh (other) E. Code……………………..and should have substantiated that company submitted correct details to PF office, and is not at fault.

 

On the contrary company personnel…………………………..(mention names…………………………designations………………….dept………………….name of company………………..address) have been misguiding you and instead of acting at once have been asking you to lodge complaint with PF office without supplying you the documents pertaining to your case.

 

The company has not till date submitted you the certified copies of its representation submitted to concerned PF office and certified copy of acknowledgment issued by PF office of the complaint lodged by company.

 

Demand the copies of all these and any other documents by redg. post only and mention that a postage prepaid self addressed cover with postage stamps worth Rs………………affixed on it is  attached, for sending the reply in writing only and docs so as to reach you in next 7 days failing which you shall be constrained to seek legal opinion at the cost and consequences of the company and approach the institutions of lawful authorities, print and electronic media, courts of law, NGO’s, Registrar of companies, police, Inspector Under Shops and Commercial Establishments Act, Labor Commissioner, Legal-social-public forums, Ministries, minister, Trade Unions etc…………………… at the cost and consequences of the company…………………

 

 

 

 

>> Meet RPFC at your location in person with a written complaint in hand and obtain acknowledgment on your copy with diary number, seal and signature, and route your complaint thru him and demand reply by redg. post so as to reach you within next 15 days.

 

RPFC can guide you for all the docs you should ask for.

 

In your complaint you should mention the details of the representations made to company, EPFO and demand that reply of EPFO be substantiated by certified copies of certified copy of PF withdrawal forms submitted by both Sarbjit Singh’s, acknowledgment issued by PF office for Sarabjit Singh (you) E. Code…………………and Sarabjit Singh (other) E. Code……………………..PF calculations sheet of both Sarbjit Singh’s sent to them and bank and company, detail of bank accounts in which amounts have been transferred or cheque, regd/speed post receipt vide which payments have been sent etc…………………………..

 

You may hint that you are contemplating to approach print and electronic media for press conference, and others (as mentioned above)………………….

 

You can peruse RTI route for reply and supporting docs to be supplied to you by redg. post.

 

Demand to company and RPFC that funds in your account be supplied to you with interest and let company and PF office resolve errors on part of both between themselves, even if amounts are collected from salary and assets of  good offices, employees of company or EPFO……………………

 

You may fine tune your representations as suitable to you in consultation with your lawyer and may also issue legal notice and approach consumer court, civil court, lok adalat, criminal court etc under expert advice of your lawyer.

 

 

 

 

Sarabjit singh (Executive)     01 October 2013

hi Sudhir,

Thank You.

Please suggest how should I received.

Sarabjit singh (Executive)     01 October 2013

yes I have all document My PF form and other ex employee pf form and communuication email to Company Hr, Pf department. all docs please confirm these send by email .

Please suggest

Kumar Doab (FIN)     01 October 2013

The documents in your hand should be sufficient to proceed further. Ask for other documents.

Submit final representations to good offices of the company. 

Meet RPFC in person.

Approach your lawyer.

Sudhir Kumar, Advocate (Advocate)     01 October 2013

I visualise that you do not have even a single paper as suggested by Mr Kumar Doab.

 

In the first instance take following steps :-

 

(I) Submit a formal complaint to the CHief Vigilance Officer of EPFO (sorry no email) giving full details of the matter

श्री संजय कुमार ,आई.आर.एस.
Shri Sanjay Kumar,IRS
Vigilance Headquarters
Employees Provident Fund Organisation,
6th Floor, NBCC Bhikaiji Cama Place,
New Delhi - 110 066

 

(II) copy of this complaint be marked to CPFC ;-

Shri K.K Jalan, IAS

Central P. F. Commissioner

Bhavishya Nidhi Bhawan,
14, Bhikaiji Cama Place,
New Delhi - 110 066.

 

(II) copy of the complaint be marked to the RPFC concerned in whose jurisdiction fraud has taken place.

 

(III) copy of the complaint to :-

Secretary, Central Vigilance Commission

Satarkata Bhavan, INA, New Dlehi-110011

Sudhir Kumar, Advocate (Advocate)     01 October 2013

You saidhave all the papers stated above.  But you have to make RTI to the RPFC seeking following information, quoting your PF account No:-

 

(i) Copies of all the letters under which the claims submitted by you were rejected.

(ii) Dy No and date, date of rejection, name and designation of the dealing clerk/SS/AAO/APFC who dealt with rejected claims.

(iii) grounds of rejection of each claim.

(iii) Dy No date and copy of the claim which has been passed in favour of another Sarabjit Singh.

(iv) name and designation of the dealing clerk/SS/AAO/APFC who dealt with this claim.

(v) Bank Account No and name of Bank Branch to whom the amount has been remitted alonwith cheque no (or NIFT/ECS details)

(vi) copy of the correspondence received in PF office from company.

Kumar Doab (FIN)     01 October 2013

Mr. Sudhir Kumar has explained in detail.

 

Peruse to get certified copies of all docs.

Sudhir Kumar, Advocate (Advocate)     02 October 2013

I am yet to explain in details

Kumar Doab (FIN)     02 October 2013

Mr. Sudhir Kumar has been helping querists with his exceptional knowledge of matters pertaining to PF. Please conclude this thread with further advice.

Sudhir Kumar, Advocate (Advocate)     03 October 2013

let him act upon then will advise further.  I am not holding online tutorial  PF fraud.

Kumar Doab (FIN)     03 October 2013

Mr. Sudhir Kumar: you are right. The author of the post/querist needs to take the post further.


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