BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 1st March 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.380/2016
(Admitted on 26.11.2016)
Sri. Pyare Jaan,
S/o Late Ahmed Saheb,
House No.284,
Opposite Tilk Park,
Vijaypur, Chikkamagalur District.
……… Complainant
(Advocate for Complainant by Smt. LCH)
VERSUS
2. The Asst. Provident Fund,
Commissioner (Pension),
EPF Organization, Regional Office,
Silava Road, Highlands, Mangalore 2.
2. The Asst. Provident Fund,
Commissioner (Pension),
Yashoram Chambers, Rathnagiri Road,
Chikkamagaluru 575101
…. Opposite Parties
(Advocate for Opposite Party No.1 and 2 by Sri JRN)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI VISHWESHWARA BHAT D
- 1. This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.
The brief facts of the case are as under:
The complainant claims after working for at KSRTC Mangalore on attained the age of 58 years on 25.05.2013. He retire service 20 years from 26.05.2013 your paid monthly pension from is P.F Account his membership to the scheme was excepted under Family Pension Scheme that claim in 01.06.1971 and after 1995 (EPS 1995) is pension was fixed at Rs. 1,953/ p.m on 2015 complainant came to know there is errors in fixing pension para No.12 of EPS 1995 filed means aggregate of past service and pension service benefit as define under para No. 12 (3) (a) and 12 (3) (b) of the Scheme. He is also entitled for the weightage under para 10 (2) of EPS 1995 and interest on arrears under para 32 there in. Hence seeks reliefs mentioned in the complaint.
II. Opposite parties in the version mention the payment of pension to the complainant is made through the Opposite Party 2 and complainant is a resident of Chikkamagaluru coming under jurisdiction of Opposite Party No.2. The complainants records are maintained by Opposite Party No.2. Neither the complainant is resident under the jurisdiction of this forum nor he is receiving pension from Opposite Party No.1. Hence seeks dismissal as there is no deficiency in service.
2. Parties have not attended any evidence.
III. In view of the above said facts, the points for consideration in the case are:
- Whether this forum as territorial jurisdiction to try this case by complaint?
- What order?
We have considered entire case file on record including evidence tendered by the parties and notes of argument of the parties. Our findings on the points are as under are as follows:
Point No. (i) : Negative.
Point No. (ii): As per the final order.
REASONS
IV. POINTS No. (i): As seen from the complaint allegation except that complainant alleges was in serving KSRTC Mangalore there is no allegation of Opposite Party No.1 serving complainant at any time. Hence we are of the view that as no cause of auction arose within the jurisdiction of this forum and cannot settle the claim of complainant. Hence this forum has no territorial jurisdiction to consider this complainant. Hence we answer point No.1 in the negative.
POINTS No. (iii): Wherefore the following order
ORDER
The complaint is dismissed for want territorial jurisdiction.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 4 directly dictated by President to computer system to the Stenographer typed by him, revised and pronounced in the open court on this the 1st March 2017)
MEMBER PRESIDENT
(LAVANYA M RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
Nil
Documents marked on behalf of the Complainant:
Nil
Witnesses examined on behalf of the Opposite Party:
Nil
Documents marked on behalf of the Opposite Party:
Nil
Dated: 1.3.2017 PRESIDENT
