Karnataka

StateCommission

A/731/2020

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

Dattaram - Opp.Party(s)

Nandita Haldipur

16 Aug 2023

ORDER

Date of Filing :20.10.2020

                                                               Date of Disposal :16.08.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:16.08.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

APPEAL Nos.728/2020 to 731/2020

 

 

                                      

The Asst. Provident Fund Commissioner (Legal),

Employees Provident Fund Organisation,

Regional office,

New Block No.10,

Behind Income Tax office,

Navanagar, Hubli-580025

Dharwad District.

Representative of Central Board of Trustees, EPF                    Appellant

(By Mrs Nandita Haldipur, Advocate)

(Appellant is same in all the Appeals)

 

 

-Versus-

1.Appeal No.728/2020

1. Mr Shankarappa
    S/o Mr Devappa Talawar,

    Aged about 68 years,

    R/at Chalukya Nagar,

    Renuka Nilaya, 6^th Cross,

    Badami, Badami Tq.-587201
    (By Mr Sharan B Tadahal, Advocate)                                                                                  

2. The Divisional Controller
    NWKRTC Hubli Division Office,

    Gokul Road, Hubli-580030
    (By Mr B L Sanjeev, Advocate)                                        Respondents

 

2.Appeal No.729/2020

1. Mr Ashok .
    S/o Mr Udupikrishna Burli,

    Aged 67 years,

    R/at H.No.70/3, D-Cross,

    Corporation Layout,

    4th T Block, Jayanagar,

    Bengaluru-560041
    (By Mr Sharan B Tadahal, Advocate)

         

   2. The Area Manager
        Food Corporation of India,

        Lamington Road,

        Hubli-580020.                                                         Respondents

                            

3. Appeal No.730/2020

    1. Mr Manju
        S/o Mr Gangappa Naik,

        Aged about 68 years,

        R/at LIG H.No.134, 9^th Cross,

        Navanagar, Hubli-580025
        (By Mr Sharan B Tadahal, Advocate) 

 

2. The Area Manager
     Food Corporation of India,

     Lamington Road, Hubli-580020                            Respondents  

 

 

4.Appeal No.731/2020

1. Mr Dattaram
 S/o Mr Shantaram Parab,

    Aged about 65 years,

    R/at Flat No.A/802,

    Ashok Smriti, Kasav Vadavali,

    Near H.P.Petrol Pump,

    Ghodbandar Road,

    Thane West-400615
Maharastra  

    (By Mr Sharan B Tadahal, Advocate)  

 

2. The Area Manager
    M/s Food Corporation of India,

    Lamington Road,

    Hubli – 580020                                                        Respondents   

 

:COMMON ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

01.     These Appeals are filed under Section 15 of Consumer Protection Act 1986, by OP1, aggrieved by the Common Order dated 09.12.2019 passed in Consumer Complaint Nos.41 to 43 of 2019 and order dated 24.02.2020 passed in Consumer Complaint No.44/2019on the file of District Consumer Disputes Redressal Forum, Dharwad (for short, the District Forum). Since the facts and law involved in all these cases are one & the same, they have been taken up together for consideration.

 

02.     This Commission heard the arguments of the Learned Counsels for Appellant, Respondent No.1 in all the Appeals and Respondent No.2 in Appeal No.728/2020.  Since inspite of service of Notice for appearance from this Commission on the Respondent No.2 in Appeal Nos.729/2020 and 730/2020 none appeared, their arguments in these Appeals are taken as heard. 

Perusal of the Order Sheet reveals that there is no endorsement to the fact of Postal endorsement on the returned envelope of Respondent No.2 in Appeal No.731/2022, taking into consideration the vintage of the case and the age of the Complainant, as a special case, the service of notice from this Commission on Respondent No.2 has been dispensed with to avoid further delay and inconvenience to the Complainant.   

03.     Perused the Impugned Order, Grounds of Appeals and documents on record.

04.     The District Forum after enquiring into the matter, had allowed the Complaint in part and directed OP1 to revise the Monthly Pension of the Complainants according to the rules. as on the date of their retirement as per Para 12(4) (a) & (b) R/W Para 10 (2) of EPS 1995 after taking into consideration the weightage period, which were prevailing as on the Date of their retirement and pay the arrears of Pension with interest at the rate of 10% p.a as & when the arrears has become due and keep paying the pension at the revised rate as also pay cost and compensation of Rs.4,000/-each to the Complainants.

05.     Aggrieved by this Order, OP1 is in Appeal, seeking to set aside the Impugned Orders by allowing the Appeals.

06.     It is an admitted fact that the Complainants were Members of Employee Provident Fund Scheme, they contributed to the Employees Family Pension Scheme of 1971 and subsequently, they continued to contribute to the Employees Pension Scheme of 1995 also. After they retired from the services of their respective Employers, they came to know that there are errors in calculation of their entitled Monthly PF Pension and gave representations to the OP1 for rectification of the same, but, since he did not rectify the mistakes committed in sanction of their entitled Monthly Pension hence, they filed their respective Complaints before the District Forum, alleging deficiency in service on the part of OP1.   On the contrary, OP1 denied that there is any error in fixation and payment of Monthly Pensions to the respective Complainants, as such there is no deficiency in service on his part.

07.     Let us examine the details of service particulars of each of the Complainant as per records in these cases, which is as under:

Appeal No.	Complaint No.	Date of Birth	Date of entry into service	Date of retirement	Past service	Actual service	Age as on retirement
728/2020	44/2019	03.06.1946	Details not furnished	02.06.2004	17	09	58
729/2020	41/2019	31.01.1951	- do -	01.03.2007	11	11	56
730/2020	42/2019	23.01.1950	- do -	01.03.2007	23	08	57
731/2020	43/2019	10.04.1953	- do -	12.12.2004	19	09	51

 

It is observed from the contents of the above table that, all the Complainants/Respondents are eligible for weightage of two years as per amended Para 10(2) as it stood before 24.07.2009 and also they are entitled for revision of their entitled monthly Pension as per amended Para 12 of EPS 1995 as it stood before 15.06.2007.  In the Memorandum of Appeal, at Paragraph No.6 therein, it is specifically contended by the Appellant that he had granted weightage of two years and revised the monthly pension of the Complainants.  It is evident from the records, that the Appellant had revised the entitled Monthly Pension by granting weightage of two years and paid the arrears of the Pension during December 2014, May 2017 & June 2017 respectively, belatedly, since the complainants have retired during 2004 and 2007.

08.     Further it is to be noted herein that the Appellant had revised the entitled Monthly Pension by granting weightage of two years and paid the arrears of to the Complainants during December 2014, May 2017 & June 2017 respectively, but the Complainants/Respondents have instituted their respective Complaints during the year 2019, that too after the Appellant had revised their monthly pension o their entitlement and also paid the arrears. In the circumstances, the Impugned Order passed by the District Forum requires to be interfered with only in so far as awarding of interest @ 10% p.a which, in our considered opinion is slightly on the higher side and reducing the same to 8.25% p.a and waving of cost and compensation of Rs.4,000/- awarded to each of the Complainant would meet the ends of justice. Accordingly, Appeal Nos. 728/2020 to 731/2020 are allowed in part and consequently, Common Order dated 09.12.2019 passed in Consumer Complaint Nos.41 to 43 of 2019 and order dated 24.02.2020 passed in Consumer Complaint No.44/2019 on the file of District Consumer Disputes Redressal Forum, Dharwad is hereby modified and directing the OP1 to pay interest at the rate of 8.25% on the payment of arrears from the date of retirement till realisation, if not already paid.  The Appellant is directed to comply with this Order within 60 days from the date of this Order.

09.     The Statutory Deposit in all these Appeals is directed to be transferred to the District Commission for further needful.

10.     Keep the Original of this Order in Appeal No.728/2020 and copy thereof, in rest of the Appeals.

 

11.     Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

 

 

 

 

                                                         

                                                                          President

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