BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BAGALKOT

Date of admission: 19-07-2016

Date of Order: 17-08-2017

PRESENT

Smt K.Sharada  B.A.L.L.B (Spl)                             : Hon’ble President

Smt Sumangala. Hadli   B.A.Music                        : Lady Member

Shri Shravanakumar. D. Kadi M.Com L.L.B. (Spl)   : Member

COMMON ORDERS IN C.C.No C.C.No 87 to 103

And 106, & 107 of 2016

Consumer Complaint No:  87/2016

COMPLAINANT

1) Shri Nandeppa S/o Girimallappa Tuppad

    Age: 67 Years Occ : Rtd  KSRTC Employee

    R/o Rameshwar Colony, Girish Nagar,

    Jamakhandi, Dist ; Bagalkot

Consumer Complaint No:  88/2016

COMPLAINANT

1) Shri Gurupadappa S/o Rudrappa Mugati

    Age: 66 Years Occ : Rtd  KSRTC Employee

    R/o Mugati Galli,Banahatti,

    Tq : Jamakhandi

    Dist: Bagalkot

,

Consumer Complaint No: 89/2016

COMPLAINANT

1) Shri Allappa S/o Basalingappa Kumbar

    Age: 65 Years Occ : Rtd KSRTC Employee

    R/o Villagaddi Oni,Near Veerabhadreswara Temple,

    At Post & Tq : Jamakhandi,

    Dist Bagalkot

Consumer Complaint No: 90/2016

COMPLAINANT

1) Shri Sabanna S/o Mallappa Bisanal

    Age: 66 Years Occ : Rtd KSRTC Employee

    R/o Shiraguppi,

    Tq: Jamakhandi

    Dist Bagalkot

Consumer Complaint No: 91/2016

COMPLAINANT

1) Shri Bharamappa S/o Basappa Padasalagi

    Age: 75 Years Occ : Rtd KSRTC Employee

    R/o Kadapatti

    Tq: Jamakhandi

    Dist Bagalkot

Consumer Complaint No: 92/2016

COMPLAINANT

1) Shri Sangappa S/o Shivappa Hargan

    Age: 64 Years Occ : Rtd KSRTC Employee

    R/o Maitri Galli,Ward No 5,

    At post & Tq : Jamakhandi

    Dist Bagalkot

Consumer Complaint No: 93/2016

COMPLAINANT

1) Shri Krishnaji S/o Anant Kulkarni

    Age: 64 Years Occ : Rtd Employee of

    Godavari Sugar Mill Ltd Sameerwad

    C/o M.V.Anawatti, Shivasagar Park 2^nd Main,

    4^th Cross, Gomanagatti Road Hubli

Consumer Complaint No: 94/2016

COMPLAINANT

1) Shri Chandrashekar S/o Gurubasappa Shedabal

    Age: 69 Years Occ : Rtd KSRTC Employee

    R/o Junjurkop Galli,Mudhol,

    Tq: Mudhol Dist Bagalkot

Consumer Complaint No: 95/2016

COMPLAINANT

1) Shri Ajamuddin S/o Shamasuddin Hundekar

    Age: 65 Years Occ : Rtd  KSRTC Employee

    R/o Rameshwar Colony, Near Housing Society,

    At Post & Tq ; Jamakhandi, Dist Bagalkot.

Consumer Complaint No: 96/2016

COMPLAINANT

1) Shri Basalingappa S/o Guruppa Dalal

    Age: 77 Years Occ : Rtd KSRTC Employee

    R/o Bazar Road,At Post : Lokapur,

    Tq: Mudhol, Dist Bagalkot.

Consumer Complaint No: 97/2016

COMPLAINANT

1) Shri Liyakat S/o Balekhan Teradal

    Age: 63 Years Occ : Rtd KSRTC Employee

    R/o Ramateertha Road, Near Forest Office,

   At Post & Tq : Jamakhandi,  Dist Bagalkot

Consumer Complaint No: 98/2016

COMPLAINANT

1) Shri Parashuram S/o Durgaji Ganachari

    Age: 63 Years Occ : Rtd KSRTC Employee  

    R/o Bharpet Galli,Near Shivaji Circle,

    At Post & Tq : Jamakhandi,Dist Bagalkot.

Consumer Complaint No: 99/2016

COMPLAINANT

1) Shri Ilahi S/o Suleman Ghori

    Age: 64 Years Occ : Rtd KSRTC Employee  

    R/o Pendari Galli,At Post: Jamakhandi

    Tq : Jamakhandi, Dist : Bagalkot

Consumer Complaint No: 100/2016

COMPLAINANT

1) Shri Abdul Khadar S/o Babusab Qureshi,

    Age: 61 Years Occ : Rtd KSRTC Employee

    R/o Sadanand Colony, Oni Plot,

    At Post & Tq : Jamakhandi, Dist: Bagalkot

Consumer Complaint No: 101/2016

COMPLAINANT

1) Shri Mehaboobpasha S/o Hakimsab Pendari

    Age: 68 Years Occ : Rtd KSRTC Employee  

    R/o Bharpet Galli, Near Shivaji Circle,

    At Post & Tq: Jamakhandi Dist: Bagalkot.

Consumer Complaint No: 102/2016

COMPLAINANT

1) Shri Basavaraj S/o Shrishailappa Malabadi

    Age: 62 Years Occ : Rtd Employee of KSRTC

    R/o : Hulyal

    Tq: Jamakhandi Dist : Bagalkot.

Consumer Complaint No: 103/2016

COMPLAINANT

1) Shri Hussensab S/o Kutubuddin Sangtrass

    Age: 68 Years Occ : Rtd KSRTC Employee

    R/o Bharpet Galli,Near Shivaji Circle

    At Post & Tq : Jamakhandi, Dist: Bagalkot

Consumer Complaint No: 106/2016

COMPLAINANT

     Shri Rajasab S/o Chandasab Teradal

     Age: 63 Years Occ : Rtd KSRTC Employee

     R/o Rameshwar Coloy, Near Housing Society,

     At Post & Tq : Jamakhandi

     Dist: Bagalkot

Consumer Complaint No: 107/2016

1) Shri Ahmed S/o Husainsab Choudari

    Age: 63 Years, Occ : Retired  KSRTC Employee

    R/o Momin Galli,At Post & Tq : Jamakhandi

    Dist: Bagalkot.

 (C.C.No 87 to 103 of 2016 and 106 and 107 of 2016

  By Shri R.P. Koparde Advocate)

                                                 V/s

OPPOSITE PARTIES

1) The Assistant Provident Fund

    Commissioner, Sub Regional Office,

    Sath Kacheri Road,Garaladinni Complex,

    2^nd Floor, Raichur-584102. 

 (C.C.No 87 to 103 and 106 and 107 of 2016

  By Smt J.V.Badami Advocate)

2) The Divisional Controller,

N.W.K.R.T.C.Bagalkot Division,

Divisional Office Navanagar

Bagalkot.    

           (Op No 2 in C.C.No 87 to 92, 94 to103, 106 and 107 of   

           2016 by Shri S.S.Dongare Advocate.)                                   

3) The Managing Director,

    Godavari Sugar Mill Ltd, Sameerwad,

    Tq: Mudhol,Dist: Bagalkot.

                      (Op No 2 in C.C.No 93/2016 by M.B.Tanksali Advocate)

COMMON ORDER

By Sri Shravanakumar.D.Kadi Member.

1) All these cases are filed by the above complainants are filed U/Sec 12 of the Consumer Protection Act 1986 (Herein after referred to as the “Act”) against the Opposite parties(in Short the Ops) for directing the Op No 1 to revise their monthly pension by extending the minimum assured benefit both in respect of past and present service separately with effect from the date of the retirement and to pay the arrears with  12% interest and also to give two years of weightage and also to give annual relief from Retirement till today and to pay the regular Monthly pension continuously etc.

          In all these cases involved a common question of law and fact these cases are taken together for disposal by passing a common order.

          That the Complainants’ Counsel stated in the year 2016, it came to the knowledge of the complainant’s through one of their colleagues that there are errors in the calculation of pension fixed to them. It also came to their knowledge that pension paid to them are lesser one that the Complainants are entitled. Further it is the recurring cause of action, since the Op No 1 is paying wrongful pension every month. Therefore every month the fresh cause of action arises. but the Opposite party failed to comply the same.

               It is further stated that, all the Complainants were working as employee under Op No 2 from different dates and while they were in service they were the members of “The Employees of Family Pension Scheme 1971” (for short1971 Scheme)and making contribution towards the Scheme and later on “The Employees Pension Scheme 1995”(for Short”1995 Scheme”) was introduced and brought into force with effect from 16^th day November of 1995 which was compulsory one and after commencement of the said 1995 scheme all the complainants continued to be the members of the scheme by making monthly contribution and subsequently they retired from services. Op No1 which is common in all these cases is functioning under the “Employees provident Fund and Miscellaneous Act 1952 and fixed the monthly pension of all the complainants. But however now the complainants have came to know that the fixation of their pension is not in accordance with the scheme and they have not been given two years of weightage as per the 1995 scheme in spite of their repeated request and issuance of the notice and this amounts to deficiency in service and further it is also alleged that the Op No1 has not given the Annual Relief which is to be given under Paragraph 32 the 1995 scheme etc., and hence complainants have prayed for giving necessary direction to the Op No1 to pay the following reliefs:-

                a) To revise the monthly pension by extending the minimum assured benefits both in respect of past and present service Separately with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.

                b) To revise the monthly pension by extending the weightage of two years with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.

               c) To pay the arrears accumulated by the complainants till the date of filing the complaints including interest at the rate of 12%p.a.

               d) To give annual relief from the date of retirement to till this financial year and to pay the arrears as per the memo of calculation with interest at 12% p.a.

                e) Pass the order to continue to pay the monthly pension to the complainants as per the scheme in revised scale and also claimed such other and further reliefs.

                f) Pass the order to pay cost of Rs 10,000/- and also to award the compensation towards mental Agony.

5) For the purpose of convenience we would like to incorporate the memo of calculation supplied by the complainants which is part of the complaint under Annexure –“A” which is as under;

Memo of Calculation in C.C.No.87/2016

,

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 11 years Present Service+2 years weightage service

                                                     70

=Rs 1207/-.

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 46 years.

58 years – 46 years = 12 years

Therefore factor shown in the Table B at the column “less than 12 years = 2.992 is applicable. Since the past service of Complainant is 24 years, multiplier 170 is applicable.

2.992 X 170 = 509/-. (  Minimum assured pension is Rs 800/- as per paragraph No 12 (3) of the scheme)

Rs 1207/- +800 = Rs 2007/-

Entitled amount Rs   2007/-

Paid amount       Rs  1716/-

Difference           Rs 291/-

From 05/04/2007 to 30/06/2016 = 110 months

291 X 110 Months   = 32010/-

Rs 32010/-+ 12% interest p.a.i.e Rs 35211/- = 67,221/-

,                                                                 

3. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

                                  2855/- X 7 years Present Service  

                                                     70

=Rs 285/- (Minimum assured pension is Rs 635/-)

4. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years = 3.292 is applicable. Since the past service of Complainant is 5 years, multiplier 80 is applicable.

3.292 X80 = 263/- (Minimum assured pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 635/- + 450 = 1085/-

Entitled amount Rs 1085/-

Paid amount       Rs 621/-

Difference           Rs 366/-

From 06/08/2004 to 01/09/2014 = 119 months

366 X 119 Months   = 43554/-

Rs 43554/-+ 12% interest p.a.i.e Rs 51829/- = 95383/-

          Memo of Calculation in C.C.No.89/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 13 years Present Service+2 years weightage service

                                                     70

=Rs 1393/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 44 years.

58 years – 44 years = 14 years

Therefore factor shown in the Table B at the column “less than 14 years = 2.826 is applicable. Since the past service of Complainant is 19 years, multiplier 120 is applicable.

2.826 x 120 = 339/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1393/- + 450/- =1843/-

Entitled amount Rs 1843/-

Paid amount       Rs 1766/-

Difference           Rs 77/-

From 01-04-2009 to 30-06-2016 = 86 months

77 X 86 Months   = 6622/-

Rs 6622/-+ 12% interest p.a.i.e Rs 5695/- = 12,317/-

Memo of Calculation in C.C.No.90/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 9 years Present Service+2 years weightage service

                                                     70

=Rs 1021/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of Complainant is 7 years, multiplier 80 is applicable.

3.292 x 80 = 263/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1021/- + 450/- =1471/-

Entitled amount Rs 1471/-

Paid amount       Rs 1284/-

Difference           Rs 187/-

From 02/06/2008 to 30/06/2016 = 96 months

187 X 96 Months   = 17952/-

Rs 17952/-+ 12% interest p.a.i.e Rs 17234/- = 35,186/-

Memo of Calculation in C.C.No.91/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5000/- X 4 years Present Service+2 years weightage service

                                                     70

=Rs 428/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 54 years.

58 years – 54 years = 4 years

Therefore factor shown in the Table B at the column “less than 4 years  1.396 is applicable. Since the past service of Complainant is 24 years, multiplier 150 is applicable.

1.396 x 150 = 209/- (minimum assured Pension is Rs 500/- as per paragraph No 12(4) of the scheme)

Rs 428/- + 500/- =928/-

Entitled amount Rs 928/-

Paid amount       Rs 509/-

Difference           Rs 359/-

From 24/12/1999 to 01/09/2014 = 177 months

359 X 177 Months   = 63,543/-

Rs 63543/-+ 12% interest p.a.i.e Rs 1,12,471/- = 1,76,014/-

Memo of Calculation in C.C.No.92/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 14 years Present Service+2 years weightage service

                                                     70

=Rs 1485/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of Complainant is 16 years, multiplier 120 is applicable.

3.983 x 120 = 478/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1485/- + 450/- =1964/-

Entitled amount Rs 1964/-

Paid amount       Rs 1659/-

Difference           Rs 305/-

From 01/06/2010 to 30/06/2016 = 73 months

305 X 73 Months   = 22265/-

Rs 22265/-+ 12% interest p.a.i.e Rs 16253/- = 38518/-

Memo of Calculation in C.C.No.93/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 14 years Present Service+2 years weightage service

                                                     70

=Rs 1486/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of Complainant is 15 years, multiplier 120 is applicable.

3.983 x 120 = 478/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1486/- + 478/- =1964/-

Entitled amount Rs 1964/-

Paid amount       Rs 1590/-

Difference           Rs 374/-

From 01/06/2010 to 30/06/2016 = 73 months

374 X 73 Months   = 27302/-

Rs 27302/-+ 12% interest p.a.i.e Rs 19930/- = 47232/-

Memo of Calculation in C.C.No.94/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6089/- X 9  years Present Service+2 years weightage service

                                                     70

=Rs 1392/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 48 years.

58 years – 48 years = 10 years

Therefore factor shown in the Table B at the column “less than 10 years 2.473 is applicable. Since the past service of Complainant is 24 years, multiplier 170 is applicable.

2.473 x 170 = 420/- (minimum assured Pension is Rs 600/- as per paragraph No 12(4) of the scheme)

Rs 1392/- + 600/- =1992/-

Entitled amount Rs 1992/-

Paid amount       Rs 1377/-

Difference           Rs 615/-

From 01/06/2005  to 30/06/2016 = 133 months

615 X 133 Months   = 81795/-

Rs 81795/-+ 12% interest p.a.i.e Rs 108787/- = 1,90,582/-

Memo of Calculation in C.C.No.95/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6395/- X 14 years Present Service+2 years weightage service

                                                     70

=Rs 1462/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of Complainant is 19 years, multiplier 120 is applicable.

          3.983 x 120 = 478/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1462/- + 478/- =1940/-

Entitled amount Rs 1940/-

Paid amount       Rs 1601/-

Difference           Rs 339/-

From 16/09/2010 to 30/06/2016 = 70 months

339 X 70 Months   = 23730/-

Rs 23730/-+ 12% interest p.a.i.e Rs 16611/- = 40,341/-

Memo of Calculation in C.C.No.96/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5000/- X 1 years Present Service+2 years weightage service

                                                     70

=Rs 214/- ( Minimum assured pension is Rs 335/-)

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 56 years.

58 years – 56 years = 2 years

Therefore factor shown in the Table B at the column “less than 2 years 1.154 is applicable. Since the past service of Complainant is 24 years, multiplier 170 is applicable.

1.154 x 170 = 196/- (minimum assured Pension is Rs 500/- as per paragraph No 12(5) of the scheme)

Rs 335/- + 500/- = 835/-

Since the Complainant has opted for the ROC (Insurance) it is necessary to deduct 10% towards in the entitled amount of pension

Rs 835/- - 10% ie Rs 84/- =751

 Since the annual relief declared in the years of 1998,1999,and 2000 at the rate of 5.5% 4%, and 4% respectively the same to be added to the pension

Entitled amount Rs 857/-

Paid amount       Rs 478/-

Difference           Rs 379/-

From 19-02-1997 to 01-09-2014 = 197 months

379 X 197 Months   = 74663/-

Rs 74663/-+ 12% interest p.a.i.e Rs 147086/- = 2,21,749/-

Memo of Calculation in C.C.No.97/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 14 years Present Service+2 years weightage service

                                                     70

=Rs 1486/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 44 years.

58 years – 44 years = 14 years

Therefore factor shown in the Table B at the column “less than 14 years 3.621 is applicable. Since the past service of Complainant is 19 years, multiplier 120 is applicable.

3.621 x 120 = 435/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1486/- + 450/- = 1936/-

Entitled amount Rs 1936/-

Paid amount       Rs 1639/-

Difference           Rs 297/-

From 31-10-2009 to 30-06-2016 = 80 months

297 X 80 Months   = 23760/-

Rs 23760/-+ 12% interest p.a.i.e Rs 19008/- = 42768/-

Memo of Calculation in C.C.No.98/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6382/- X 15 years Present Service+2 years weightage service

                                                     70

=Rs 1550/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of Complainant is 20 years, multiplier 150 is applicable.

3.983 x 150 = 597/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1550/- + 597/- = 2147/-

Entitled amount Rs 2147/-

Paid amount       Rs 1865/-

Difference           Rs 282/-

From 01/12/2010 to 30/06/2016 = 66 months

282 X 66 Months   = 18612/-

Rs 18612/-+ 12% interest p.a.i.e Rs 12284/- = 30896/-

Memo of Calculation in C.C.No.99/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 15 years Present Service+2 years weightage service

                                                     70

=Rs 1579/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of Complainant is 19 years, multiplier 120 is applicable.

3.983 x 120 = 478/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1579/- + 478/- = 2057/-

Entitled amount Rs 2057/-

Paid amount       Rs 1659/-

Difference           Rs 398/-

From 01/06/2010 to 30/06/2016 = 73 months

398 X 73 Months   = 29054/-

Rs 29054/-+ 12% interest p.a.i.e Rs 21209/- = 50,263/-

   Memo of Calculation in C.C.No. 100/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 16 years Present Service+2 years weightage service

                                                     70

=Rs 1671/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 42 years.

58 years – 42 years = 16 years

Therefore factor shown in the Table B at the column “less than 16 years = 4.381 is applicable. Since the past service of Complainant is 13 years, multiplier 95 is applicable.

4.381 x 95 = 416/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1671/- +450/-= 2121/-

Entitled amount Rs 2121/-

Paid amount       Rs 1833/-

Difference              Rs 288/-

From 01/01/2012 to 30-06-2016 = 54 months

288 X 54 Months = 15,552

Rs 15,552/- + 12% interest p.a.i.e Rs 8398/- = 23,950/-

                Memo of Calculation in C.C.No. 101/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 10 years Present Service+2 years weightage service

                                                     70

=Rs 1114/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 47 years.

58 years – 47 years = 11 years

Therefore factor shown in the Table B at the column “less than 11 years = 2.720 is applicable. Since the past service of Complainant is 18 years, multiplier 135 is applicable.

2.720 x 135 = 367/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1114/- +450/-= 1564/-

Entitled amount Rs 1564/-

Paid amount       Rs 1481/-

Difference              Rs 83/-

From 01/01/2006 to 30-06-2016 = 126 months

83 X 126 Months = 9960

Rs 9960/- + 12% interest p.a.i.e Rs 12550/- = 22,510/-

         Memo of Calculation in C.C.No.102 /2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5463/- X 11 years Present Service+2 years weightage service

                                                     70

=Rs 858/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 41 years.

58 years – 41 years = 17 years.

Therefore factor shown in the Table B at the column “less than 17 years 3.560 is applicable. Since the past service of complainant is 4 years,multiplier 80 is applicable.

3.560 x 80 = 285/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 858/- + 450 =Rs 1308/-

Entitled amount Rs 1308/-

Paid amount       Rs  1011/-

Difference             Rs 219/-

From 14-08-2009 to 30/06/2016 = 84 months

219 X 84 Months = 18396

Rs 18396/- + 12% interest p.a.i.e Rs 15453/- = 33,849/-

      Memo of Calculation in C.C.No.  103/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 11 years Present Service+2 years weightage service

                                                     70

=Rs 1207/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 47 years.

58 years – 47 years = 11 years

Therefore factor shown in the Table B at the column “less than 11 years =2.720 is applicable. Since the past service of complainant is 15 years, multiplier 120 is applicable.

2.720 x 120= 326/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1207+450 = 1657/-

Entitled amount Rs   1657/-

Paid amount       Rs  1574/-

Difference               Rs 83/-

From 01/10/2006 to 30/06/2016 = 116 months

83 X 116 Months = 9628/-

Rs 9628/- + 12% interest p.a.i.e Rs 11168/- = 20,796/-

Memo of Calculation in C.C.No.106/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6403/- X 15 years Present Service+2 years weightage service

                                                     70

=Rs 1555/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years.

Therefore factor shown in the Table B at the column “less than 15 years = 3.983 is applicable. Since the past service of complainant is 17 years, multiplier  120  is applicable.

3.983 x 120 = 478/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1555+478 = 2033/-

Entitled amount Rs 2033/-

Paid amount       Rs 1699/-

Difference           Rs 334/-

From 10-08-2010 to 30-06-2016 = 70 months

334 X 70 Months = 23380/-

Rs 23,380/- + 12% interest p.a.i.e Rs 16,366/- = 39,746/-

Memo of Calculation in C.C.No.107/2016

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6422/- X 12 years Present Service+2 years weightage service

                                                     70

=Rs 1284/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years.

Therefore factor shown in the Table B at the column “less than 15 years= 3.983 is applicable. Since the past service of complainant is 12 years, multiplier 95 is applicable.

3.983 X 95 =378/- (minimum assured Pension is Rs 450/- as per paragraph No 12(3) of the scheme)

Rs 1284+ 450= 1734/-

Entitled amount Rs 1734/-

Paid amount       Rs  1421/-

Difference            Rs 313/-

From 02/06/2010 to 30-06-2016 = 73 months

313 X 73 Months = 22,849/-

Rs 22,849/- + 12% interest p.a.i.e Rs 16,680/- = 39,529/-

3) a)  Op No 1 is the main contesting party in all the cases, Op No 1 Counsel filed Vakalatanama and submitted orally all these cases filed appeal in the Karnataka state consumer Disputes Redressal Commission, Bangalore for the purpose of transfer these cases. But Opponent has not filed either appeal copy or Stay copy this forum have to give sufficient time to opponent for produce the said copies then forum have to conclusion that op No 1 Objection not filed and evidence taken as nil

3) b) Op No 2 state that the undisputed fact are that all the complainants were the employees of Op No 2 and during their employment they became the members of 1971 scheme and making contribution and after enforcement of 1995 scheme they continued to be the members by making the monthly contribution and now they have retired from service and Op No 1 has determined the pension payable to them. That after the retirement of the complainants from the services, the Op No 2 has submitted all necessary service particular of the complainant to the office of the Op No 1.Hence has prayed for the complaints against this Opponent may kindly be dismissed with cost.

4)     Complainant has filed affidavit in lien of evidence and he has also produced some documents as per Annexure which are common and undisputed one therefore there is no need to go in-detail about the documents.

Heard arguments of both the sides.

5) Now the points that arise for our consideration are;

1. Whether the complainants are entitled to the relief as is   

Sought for?

2. What Order?

Answers to the above Points:-

1. Affirmative.
2. As per final order.

                               REASONS

        6) Point No 1:-

In all the cases the opposite party is one and the same   though the complainants are different from one case to the other. The subject matter, the question of law and facts involved are one and the same. In order to avoid repetition of the facts and reasons and also to save the time we have taken up all the complaints together for passing common order as follows:-

That the Op No 1 has submitted orally all these cases filed appeal in the Karnataka state consumer Disputes Redressal Commission, Bangalore. But Opponent has not filed either appeal copy or Stay copy this forum have to give sufficient time to opponent for produce the said copies then forum have to conclusion that Op No 1 Objection not filed and evidence taken as nil

      First of all we have to consider as to whether the service given by op No 1 is a service as is defined U/sec 2(1)(o) of the Act and as to whether the complainants are the Consumers U/sec 2(1) (d) (ii) of the Act. In this regard we would like to refer the decision of the Hon’ble Supreme Court of India reported in 2008 CTJ 563 (Between Regional Provident Fund Commissioner V/s Bhavani wherein it has been held as under;

“The Regional Provident Fund Commissioner, who has been made responsible for working of the Employees Pension Scheme,1995 is a Service giver within the meaning of section 2 (1)(o) of the consumer Protection Act and the Pensioner  availing his services comes squarely under the definition of “consumer” under its Section 2(1)(d)(ii)”. Therefore, we have no hesitation to hold that all the complainants are the Consumers U/Sec 2(1)(d)(ii) of the Act and the service given by the Op No 1 is a service U/Sec2(1)(o) of the Act.

         Further observed that, the period of limitation starts from the date on which the pensioners came to know that the pension that is being fixed/paid by the Op No 1 is erroneous. That means, when there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge not otherwise. When there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge. That the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Banglore in its recent cases in Appeal No 415-419 /2008 dated 14-07-2008 (Yamanappa Agasar and Others V/s Asst. Provident Fund Commissioner) it is held that “in respect of the pension case it is recurring cause of action applicable and each and every month fresh cause of action arises”. Therefore, the I.A. filed by the complainants in all the cases hereby allowed and we hold that there is no delay and question of limitation does not arise.

          No doubt those, the Complainants in all these cases are the former employees of KSRTC, Godavari Sugar Mill Ltd, and after serving the above for a good number of years who retired from the service on attaining their age of superannuation. While they are in service, provident fund amount was being deducted out of the salary of the Complainants.

That, the Office of the Opponents is situated within the jurisdiction of this forum, “As held by the Hon’ble Supreme Court of India in its reported Judgment  AIR 2008 SC 2957 Regional Provident Fund Commissioner V/s Bhavani person who is responsible for working of pension scheme is Service giver and the member of the pension scheme is Consumer as defined in sec 2(1) (d) (ii) & 2(1) (o) of the Consumer Protection Act”.

     The interpretation of Para 12(4) (a) and (b) and Para 12(4) of 1971 scheme was considered by Hon’ble High Court of Karnataka in a case of K. Chennakesavalu V/s The Employee Provident Fund organization, Rep by its Commissioner, New Delhi and others in a case reported in ILR 2004 KAR 2859 and the Hon’ble High Court of Karnataka has held as under;

 “In so for as past service in terms of Para 12 (4) (b) it provides for a minimum of Rs 600/- per month. It cannot be forgotten that Para 12 (4) (b) has to be read in the light of the main provision i.e.12 (4) itself. Para 12(4) provides for retirement benefits being equal to an aggregate of pension.”

Further we noticed that, the Op No 1 failed to pay annual relief every year as a consumer the Complainant has paid the contribution since from the date of the membership to the Scheme till the date of his retirement, but the Op No 1 failed to pay the annual relief to him. Therefore it is a clear case of deficiency of service on the part of the Opponent.

          On scrutiny of the material evidence available on record, we find that, admittedly the complaints were the employees of the KSRTC and, Gadavari Sugar Mill Ltd., now all are retired from service either on superannuation or voluntarily.

  In view of the above discussion, we hold that, the scheme 1995 is very clear and the law laid by the Hon’ble National commission and The Hon’ble state commission, Hon’ble District forum judgments, at the same time the Hon’ble Supreme court of India also considered the same issue. However, we find that, the Op No 1 despite of holding many number of judgments in their hand forced these senior citizens i.e., National Consumer Disputes Redressal commission New Delhi 2010 (3) CPR page No 45, Supreme court page 3828,AIR 2008 Supreme court page 2957, III 2013 CPJ 244 (NC), copy of State Commission judgments, New Delhi II (2014) CPJ Page No 570 (NC). I (2008) CPJ Page 306 (NC) Provident Fund Commissioner V/s Sulekha National Consumer Disputes Redressal Commission, for that the op No 1 shall pay adequate compensation by way of interest. The Complainant is entitled for the interest on arrears at the rate of 12% p.a. in these cases the Hon’ble National Commission held that under the provision of the Employees pension Scheme 1995 it is mandatory to impose interest at the rate of 12% p.a.

By considering the age of the Complainants and also the inconvenience caused to them for all these years, we hereby directed the Op No 1 as follows:-

The Op No 1 i.e. Asst. Provident fund commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in complaint are entitled for the benefit of minimum pension calculated with reference to para 12 and Table-B shown in the Employees’ pension Scheme 1995. The Hon,ble high court considered the similar facts of an employee directed the provident fund commissioner to correct the error. The above observation supported by the observation made by the Hon,ble  High court of Karnataka in case K.Channakesavalu Versus the Employees provident Fund Organization represented by its commissioner, New Delhi and Others (ILR 2004 Kar 2859), wherein held that the pensioner are entitled for two years weightage under 10 (2) each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each Complainant along with arrears of pension with interest at the rate 12% per annum and also directed to the Op No 1 to give annual reliefs as per paragraph 32 of the scheme 1995 to all the Complainants from the respective due date along with the interest at 12 % per annum. Apart from the above the Op No 1 is hereby directed to pay Rs 2000/- each to the Complainant in all the cases towards cost of the litigation expenses payment shall be made within 60 days from the receipt of this order.

With this we answer point No 1 Affirmative

As per as Op No 2 is Concerned there is no deficiency and hence the complainant against Op No 2 is hereby dismissed.

In the present case, interest considered by this forum itself is compensation and therefore, no separate amount for compensation is awarded

7) Point No 2:-   In the result, we proceed to pass the following:-

  C.C.No 87 to 103 and 106,107 of 2016 are hereby allowed partly.

I) The Op No 1 i.e., Asst.Provident Fund Commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each complainants along with arrears of pension with interest at the rate of 12% per annum.

II) And also directed to the Op No 1 to give annual relief as per paragraph 32 of the scheme 1995 to all the complainants from the respective due date along with interest at 12% per annum.

III) Apart from the above Op No 1 is hereby directed to pay
Rs 2,000/-each to the complainant in all the cases towards cost of the litigation expenses, and mental agony. Payment shall be made within 2 months from the receipts of this order.

IV) Complaints against Op No 2 is hereby dismissed.

V) Keep the original orders in complaint No 87/2016 and copy in other connected cases and Opposite Party in all the cases are common. Since the complaints are 19 Nos., both the counsels are directed to receive the certified copies instead of free copies in order to save time.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 17^th day of August 2017

ANNEXURE

Witnesses Examined on behalf of the complainants:-

1. 1)Shri Nandeppa S/o Girimallappa Tuppad

2) Shri Gurupadappa S/o Rudrappa Mugati

3) Shri Allappa S/o Basalingappa Kumbar

4) Shri Sabanna S/o Mallappa Bisanal

5) Shri Bharamappa S/o Basappa Padasalagi

6) Shri Sangappa S/o Shivappa Haragan

7) Shri Krishnaji S/o Anant Kulkarni

8) Shri Chandrashekhar S/o Gurubasappa Shedabal

9) Shri Azimuddin S/o Shamshuddin Hundekar

10) Shri Basalingappa  S/o Guruppa Dalal

11)Shri Liyakat S/o Balekhan Terdal

12)Shri Parrashuram S/o Durgaji Ganachari

13) Shri Ilahi S/o Suleman Ghori

14) Shri  Abdul Khader S/o Babusab Qureshi

15) Shri Mehaboob Pash S/o Hakimsab Pendari

16)Shri  Basavaraj S/o Shrishailappa Malabadi

17) Shri Hussainsab S/o Qutubuddin Sangtrass

18) Shri  Rajasab S/o Chandasab Terdal

19) Shri Ahammad S/o Hussainsab Choudari

 Documents produced on behalf of the Complainant in complaint No 87of 2016.

1. Ex C1:-Office Copy  of pension payment order issued by the Op No 1
2. Ex C2:- Office Copy of Copy of Representation
3. Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 88 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 89 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 90 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 91 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 92 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:- Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 93 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 94 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 95 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:-office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 96 of 2016.

1) Ex C1:-Office Copy of Copy of pension payment order issued by the Op No 1

2) Ex C2:- office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 97of 2016.

1) Xerox Copy of pension payment order issued by the Op No 1

2) Ex C1:-Office Copy of Representation

 3) Ex C2:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 98of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 99of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 100 of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 101 of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 102 of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 103 of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 103 of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 106 of 2016.

1) Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1

2) Xerox Copy of Acknowledged copy of Representation.

Documents produced on behalf of the Complainant in complaint No 107 of 2016.

1) Ex C1:-Office Copy of pension payment order issued by the Op No 1

2) Ex C2:-Office Copy of Representation

 3) Ex C3:- Postal Receipts