I worked in a Pvt firm in Bangalore in 1988 (EPF amount paid to EPFO) and then moved to Mumbai and worked in another Pvt Firm which had a registered trust and managed the EPF account for its employees.
- I lost my job last year and decided to withdraw my old PF amount from EPFO in KR Puram, Bangalore Karnataka and submitted the required Form-19 on 25May'09.
- I received a letter from the above office on 03Aug'09 stating that "Your claim is submitted a long time after leaving service. Kindly produce any of the following documents to prove your identity...". I got this response inspite of submitting copy of my proof of appointment and copy of my passport.
- I then get a letter on 06Nov'09 stating that " Your PF account has already been settled on 11.08.95 hence your form-19 has been rejected.
Now this came as a big shock to me as I had not withdrawan my PF amount ever and wanted to withdraw it only at the time of my retirement. I am 50 yrs old now and badly needed my PF savings at this point in my life.
While wondering on what to do next, I saw the article from Mr. J P Shah in your website dated July 11th, and as per the instructions sent a letter to the Central PIO in the EPFO office at Bangalore on 19Dec2009 asking for all details of payment made earlier as well as copies of all documents submitted earlier for the PF claim and details of officials involved in the above processing as well as file notings. I received the Speed Post Ack and it was dated 22.12.2009.
I then got a copy of the letter from Regional PF Commissioner & CPIO addressed to "The CPIO, Sub-Regional Office, KR Puram" dated 06Jan2010 stating "Application dated 19.12.2009 received from Shri K Muralidharan under RTI Act,2005 is forwarded herewith for necessary action. It si informed that the application has paid the application fees"
I have not received any reply to my above RTI application till date. I want any advice from the RTI experts on how to proceed next and help me recover my hard earned savings in my PF account..
As advised by you earlier on 10.02.2010, I sent a First Appeal Letter to the Appellate Appellate authority in the PF office at Bangalore. The concerned authority on 16.02.2010 sent a letter to "The Officer in Charge" who is the Regional PF Commissioner II, SRO Whitefield asking him to provide the information requested in the RTI application directly to me.
The Officer in Charge has sent me the following reply on 19.02.2010
This has reference to your application under RTI dated 19.12.2009 and the appeal dated 10.02.2010 in the matter of settlement of EPF account referred above. In this connection we wish to reiterate that the account has been settled as detailed below
Receipt No - 9436391 dated 01.08.1994
Cheque No - 635165 dated 31.08.1994
We wish to add here that the other information sought by you is not available at this end. As per the procedure the EPFO is not expected to maintain the records of the settled account beyond 3 years.
Admittedly you have left the services in 1998 and coming up with a claim after a gap of 20 years, hence it is to be treated as barred by time. This is relevant to mention that the above position has been upheld by the Hon. High Court of Karnataka in the writ petition number 47547/2003(LPF).
I am at my wit's end now because all these years, I thought that I will withdraw my PF amount at the time of my retirement and now I get the above reply which basically means someone has withdrawn my PF amount in 1994 and I cannot even get details of who had submitted the claim, how the PF office settled such a claim without proper identity proofs and where was the amount encashed..etc
Any help would be highly appreciated as I am now losing my life long savings of around 6 years in my PF account and the money has been stolen from my account and without any possible trace..........
Desperately looking for some guidance from the members of this forums..
It is not clear when you actually left the service. In post # 1 it is mentioned that your claim was settled in 11.08.95. In post # 3 it is mentioned that the receipt is dt. 01.08.1994 and cheque is dt. 31.08.1994. In the same post it is referred that " Admittedly you have left the services in 1998". SO one does not understand whether you left the job in 1994 0r 1995 or 1998? Please clarify this position. Now they say that the papers need not be maintained beyond three years. They are not telling whether the papers have been weeded out. Please ask them the authority letter/rule which provides that the papers need not be maintained beyond three years. Also ask them specifically whether the papers have been weeded out and destroyed. If so let them show the proof.
In that case you can only file a complaint in the police that some one else has withdrawn your amount and the matter is to be investigated by them. Frauds of this nature do happen!!
Thanks for your prompt response and your valuable advice.
I left the job in Bangalore in Oct 1988, the other conflicting dates of settlement has been provided by the PF office at different times in their various letters. The first one stating 1995 settlement was in the response to my PF withdrawal form submission and the 1994 dates was provided as part of the RTI application response which I received this week.
Kindly let me know as to whom do I need to send the query regarding your advice namely "... ask them specifically whether the papers have been weeded out and destroyed. If so let them show the proof. " ?
This contradictory stand of RPFC clearly shows that there is something wrong somewhere! Please send your application to the Regional PF Commissioner II, SRO Whitefield, who has told that the records need not be maintained beyond three years. He has to clarify the position. He is only responsible to settle your claim. If there is any fraud, it is his responsibility to sort out the issue.