SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> Sri. P.D. Satheesan field by the complaint before this Forum alleging deficiency in service on the part of the opposite party – the Chief Executive Officer, Kerala State Coir Workers Welfare Fund Office, Alappuzha. The main contentions of the complainant is as follows:- During the course of accepting pension, the complainant’s mother Smt. Bhargavi expired on 19.7.2004. The complainant alleges that pension for 35 months is due, at the rate of Rs.100/- and the total amount comes to Rs.3500/-. As per the direction of the opposite party, the complainant submitted all the required documents before the opposite party and as such the opposite party had disbursed on 18.11.2004 a sum of Rs.1000/- from the arrear pension amount. Since the complainant has not obtained the balance amount he had sent notice to the opposite party requesting to disburse the balance pension amount. But opposite party has not turned up to disburse the pension arrear; pending with effect from 18.11.04. Hence the complaint.<br /> 2. Notice was sent to the opposite party. They entered appearance before this Forum ad filed version. In the version the opposite party admitted that the payment is due to the complainant’s mother. It is stated that as an when the Government release grant for disbursement the opposite party distribute pension to those coir workers who were not members of the welfare board. It is further stated that arrears can be released to this particular section of pensioners – who are not members of the Board – only when the Government release arrears of special grant that is due to the Board.<br /> 3. The complainant was examined as PW1 and he has produced 2 documents, Exts.A1 and A2 marked.<br /> 4. Considering the contentions of the parties this Forum raised the issue whether there is any deficiency in service on the part of the opposite party?<br /> 5. The contentions of the complainant is that his mother was a member of the said welfare scheme and expired on 19.7.2004. It is admitted by the opposite party that the complainant is eligible for the pension and the delay to disburse the pension was the lack of sufficient fund and that they are waiting for the release of special grant. On a perusal of the documents given in evidence, deposition of the complainant and petition and a detailed hearing, we are of the view that the delay in release of the pension to the complainant will amount to deficiency in service on the part of the opposite party.<br /> In the result, considering all the aspects, we direct the opposite party to disburse the pension amount due to the complainant within 3 months from the date of receipt of this order. Taking the nature of this matter, we are not ordering any cost or compensation against the opposite party.<br /> Complaint allowed.<br /> Pronounced in open Forum on this the 25th day of June, 2008.<br /> Sd/- SRI. K. ANIRUDHAN:<br /> Sd/- SRI. JIMMY KORAH:<br /> Sd/- SMT. N. SHAJITHA BEEVI:<br /> APPENDIX:-<br /> Evidence of the complainant:-<br /> PW1 - P.D. Satheesan<br /> Ext.A1 - Photo copy of the receipt<br /> Ext.A2 - Photo copy of the judgment in OP.No.115/2000<br /> <br /> Evidence of the opposite party:- Nil <br /> <br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> <br /> <br /> Senior Superintendent<br /> To<br /> Complainant/Oppo.party/S.F.<br /> <br /> Typed by:-pr/-<br /> <br /> Compared by:- <br />