Retired Government Servant/advocate
Taxation And Hr
If you want to know the correct position of the funds, you may raise grievance at EPFO portal and ask for FORM-K which contains the details of funds at credit in your account alongwith pension service and funds at the time of settlement of account. If anybody calls you to refund the money, you can say that I have asked for Form-K to check and as soon as I receive the Form, I will manage to refund the amount.
After receiving the Form-K, you can check with funds received in your account.
V K Gupta
1st September 2015 From India, Panipat
I have only heard of such a case twice in the last few decades. Can you let us know the PF office where your settlement was done ?
The claim forms (19 & 10C) are duly signed by your previous establishment's authorized signatory. It is the responsibility of this authorized personnel to check for the details related to your employment mentioned in the forms. You may kindly note that the remittance made by the PF Office to the member's account is after several checks (atleast by 3 people including the respective concerned clerk, the officer and the section head - & then signed-off by the respective Asst. Commissioner/Commissioner responsible for the Group under which your establishment is covered), inclusive of their manual records which they verify thoroughly. In case there is any mis-match in either the date/s or the contribution amount or for that matter the name imprint on the cancelled cheque, the forms are simply rejected and an intimation is sent - as a text message on the mobile number furnished in the form & - by post to the establishment on the address registered in their database.
In case there has been an goof up / mistake in calculation of the settlement amount, it's due to the fault of the PF Office and / or due to the incorrect information furnished by the authorized personal of your previous establishment. In other words, as your rightly said, it's because of no fault of yours. And they CANNOT threaten you for the same.
(Can you let me know the date when you submitted the claim form, the date when the amount was remitted into your bank account and the date when your previous employer called you ? I just want to see for how long was the PF Office / Your employer sleeping over this goof-up).
My advice to you is to sit calm and wait for an formal intimation from the PF Office. YOU NEED NOT HAVE TO WORRY OR LOSE YOU SLEEP OVER IT. Even if you realise that an excess amount has been paid to you (after being fully satisfied with the documental evidence sent to you by the PF Office), you can always send a polite reply seeking for payment in instalments / payment within a certain period of time owing to your unemployment in the current scenario.
Cheers & Stay tension free
2nd September 2015 From India, Mumbai
Whether EPFO can take responsible to Employer for such mistakes / errors which is made by EPFO itself and can recover it from Employer ?
In claim forms Form No. 19 & 10 employer's sign authentic the claimant. Employer not giving any new or additional information except current year's 3A. Under the circumstances if due to any calculation mistakes by EPFO if member gets short or excess payment how the Employer can be a responsible ? And why is responsible for it's recovery and that too from ex employee ?
I request seniors to give brief with legal grounds.
Thanks and Regards
3rd September 2015 From India, Pune
The excess money has been received in your a/c by mistake or carelessness or what so ever reason.
Once the company or PF authorities confirm that excess has been paid and work sheet is shown how it is excess,you should return it to PF office.
Dont think can employer pay back or think of instalment recovery etc.
Money is not yours and return it to rightful owner.
Dont even have second thoughts.
3rd September 2015 From India, Pune
Though the EPFO has my address and contact number, they have not yet contacted me directly regarding this recovery. They have sent letter to the employer only to recover from their ex employee.
Now due to the pressure of my employer only, I have to repay the excess money to EPFO.
Moreover, I am not in employment anywhere due to my higher studies. My ex-employer urge me to pay the money immediately. I made my request to pay by installment but they hesitated to permit it.
If it is excess we have to refund it. There is no doubt on it. But after more than 2 1/2 years of payment, they asked to refund it immediately.
Can we make compliant with any forum on employer and EPFO? please advise.
9th September 2015 From India, Siuri
You already spent the money that you unknowingly received in your account long back and you currently are not in a position to repay the excess amount in one go. You have till date not received any official intimation from either the PF Office or from your Ex-employer.
Don't worry. Nobody is going to put you in a jail. You can think on the repaying process ONLY IF you receive an official intimation from the respective PF Office or a lawyer's notice on behalf of your company. And you have every right legally to respond saying that you do not have the money and that you can pay back only in instalments. However, that's only after detailed scrutiny / verification of your due amount. In the worst case, even if things get dirty, with average lawyer, it would take months for this case to get resolved.
So, focus on your studies and enjoy life. Come back only if you receive any form of written correspondence from either of the parties.
10th September 2015 From India, Mumbai
But still the one reply is awaited, How the Employer is responsible in this case and whether he is suppose to make the recovery from Ex-employee. If yes how he can ?.
10th September 2015 From India, Pune
Have they given you any details of excess amount, monthwise amount deducted from you and paid to PF Office and how the excess is calculated?
Ask them all these details in writing and don't meekly submit to the demand of your employer? Why are you getting afraid for? Have you cheated anybody? They say that they have paid you excess without giving any proof. Why are you simply getting nervous. It is your employer who should have been nervous and not you. Don;t worry. Unless you get a detailed calculation proving the excess payment, nobody can harm you nor any complaint can be filed against you. They are only trying short cut methods to quickly recover from you.
17th October 2015 From India, Mumbai
No criminal action lies, in the circumstances stated.
By the way, other than the phone calls, has the ex-employer given anything in writing?
17th October 2015 From India, Kochi