Date of Filing :21.01.2017
Date of Disposal : 27.12.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED :27.12.2023
PRESENT
HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
Mrs DIVYASHREE M : LADY MEMBER
APPEAL No.188/2017
The Regional Provident Fund Commissioner
Sub-Regional Office
3rd Floor, SLV Towers
Parvathi Nagar
Bellary - 583 103 Appellant
(By Mrs Nandita Haldipur, Advocate)
-Versus-
Sri B Prabhakar
S/o Late Sri Srinivas Rao
Age : Major
R/o Srinivasalu Sadam
Plot No. IIIA, Ramaiah Colony
Bellary - 583 103 Respondent
: ORDER :
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Order dated 09.12.2016 passed in Consumer Complaint No.112/2016 on the file of District Consumer Disputes Redressal Forum, Bellary (hereinafter referred to as the District Forum).
2. Heard the arguments of the learned Counsel for Appellant. Inspite of taking service of Notice on Respondent by way of News Paper publication, none appeared, hence, service of Notice on Respondent is held as sufficient and arguments of the Respondent is taken as heard.
3. The District Forum after enquiring into the matter, allowed the Complaint in part. The Respondent is ordered to re-fix the entitled Monthly Pension of the Complainant for the service rendered by him under past-service and actual service, in accordance with the Employees Pension Scheme 1995, by giving weightage of two years and to issue Revised Pension Payment Order and pay the pension accordingly, from the date as applicable and arrears of pension amount due also shall be paid to him with interest @ 6% p.a from the date of the Complaint till its realisation, within 45 days from the Date of the Order. The Respondent shall also pay Rs.2,000/- towards cost of the proceedings to the Complainant.
4. Aggrieved by this Order, OP is in Appeal inter-alia contending amongst other grounds that, during the pendency of the case, as per instruction received from the Head Office, weightage of two years has been granted to the Respondent and even after grant of 2 years weightage, there is no change in the Pension payable to the Respondent. Further, the Appellant contended that the District Forum has erroneously came to the conclusion that there is deficiency in service, when it is basically the interpretation of the Employees Pension Scheme and thus seeks to set aside the Impugned Order by Dismissing the Complaint.
5. Perused the Impugned Order and grounds of Appeal .
6. The record reveals that the Complainant was an Employee of M/s Panyam Cement and Minerals Industry Ltd., Hagari ; his Date of Birth is 01.12.1959 ; he joined the service on 01.12.1977 ; during his service, he was enrolled as a Member of the Employees Provident Fund Scheme 1952 ; he continued to contribute to the Employees Family Pension Scheme of 1995 ; he was relieved from the service on account of opting for VRS on 01.04.2002, after rendering 17 years of past service and 6 years of actual service, totalling 23 years of service. Therefore, he is eligible for weightage of two years and his entitled Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood before 15.06.2007.
7. On perusal of the Pension Payment Order annexed to the Appeal Memorandum, it is observed that though the Appellant had revised the entitled Monthly Pension of the Complainant by granting weightage of two years but, the calculation arrived at in so far as granting benefit of past service and actual service is not proper. Therefore, the appellant is directed to re-fix the pension of the complainant as per provisions laid down in Para 12 (3) (a) and (b) of EPS 1995. Thus, in our considered opinion, certainly this act of Appellant calculating the pension improperly, definitely amounts to deficiency in service. In the circumstances, there are no strong reasons to interfere with the Impugned Order. Accordingly, Appeal stands Dismissed with no order as to costs.
8. The Statutory Deposit in this Appeal is directed to be transferred to the District Commission, for further needful.
9. Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.
Lady Member President
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