Struggling to Get My PF After 7 Months: What Steps Can I Take to Resolve This?

Employer Details

Employer: ATEM SOFTWARE SOLUTIONS PVT LTD
Employer Address: NO.71/2 2ND FLOOR, MC.NICHOLS ROAD, CHETPET, CHENNAI, 685TN.

I left the organization (Atem) on 31st July 2014, 7 months ago. I submitted the Form 19 for EPF withdrawal on 31st July itself, but I have not received the PF amount to date. Despite my repeated calls and emails, Atem has not responded to my PF enquiry, nor have I received any updates from them. The last email I sent to the employer ATEM seeking the status of PF is attached below, but as before, it was not answered.

Steps to Resolve PF Issues

What steps should I take to receive my PF amount?

I am writing to request information under the RTI Act from the PIO of the EPF authorities regarding when they received your application for withdrawal. I would like to know if there are any legal objections to the application for disposal in your favor and what steps have been taken to process it to date. If no information is received within one month, I will file an appeal under the RTI Act.

Thank you,

Sushil

Response from EPF Organization

This is with reference to your grievance registered via Registration Number RCHEN/E/2015/02323.

It is informed that your grievance is being treated as non-actionable due to the following reason(s):

It is informed that no claim has been received from the establishment to date. Kindly contact your employer for submission of claims to this office. The establishment has been advised to submit your claim forms immediately. Upon receipt of claims, the same will be processed.

Therefore, we are closing your grievance from this office. Please quote the same in your future correspondence.

If you have proof of having delivered the claim form to the employer for forwarding to the EPFO, then file an application before the consumer forum for delay in action, damages, and interest of 18%. Implicate the employer and EPF as parties. This is in line with the RPFC v. Joshi case decided by the Apex court on 14.12.99.

Thanks,
Sushil

Dear Singla,

My kind advice to you is to confirm with your company whether the forms have been submitted to the EPFO office or not. If your employer has not submitted them to the EPFO office, you can directly submit them to the EPFO office. However, you will need to complete some formalities.

Regards,
Hekarthi

Yes, I have checked with the company, and it seems they are deliberately not submitting the documents. Therefore, I will have to directly submit the documents to EPFO.

Thanks for the advice.