D.O.F:19/02/2020
D.O.O:06/03/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.30/2020
Dated this, the 6th day of March 2023
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
M.Narasimha Naik,
First Floor,
Near Co Axial Station, : Complainant
Hosdurg,
Kanhangad P.O- 671315
(Adv. Suresh K.P)
And
- District Executive Officer,
Kerala Shops and Commercial
Establishment Workers Welfare Fund Board,
Sandal City Building,
Vidyanagar P.O,
Kasaragod
: Opposite Parties
- Assistant Labour Officer Kanhangad,
Mini Civil Station,
Hosdurg
Kanhangad P.O- 671315
ORDER
SRI.KRISHNAN.K :PRESIDENT
The complaint relates to denial of benefits under Kerala Commercial Shops and Establishment Act. The Complainant started a tea shop on self-employment. The Opposite party No.2 approached the Complainant and promised to issue membership card thereby eligible for benefits including pension. But marriage benefits for his daughter is rejected, claim for pension is rejected since 10 years period not completed as member. Marriage of his daughter was on 11/12/2017. Applied for benefit on16/01/2018 but rejected.
2. The Complainant became member of the fund on 01/09/2020 received membership card, and identity card. He paid subscription and assured pension after 10 years. He applied for allotting fund benefits on 16/01/2018. But Opposite Party No.1 rejected the claim on 12/02/2018 for the reason that at the time of marriage he completed age of 60 years and not a member at that time. Reply under RTS act is received saying that he is not eligible since membership period is not completed 10 years period. He paid subscription for seven years. The complainant sought direction to Opposite Party to allow pension and marriage benefits to his daughter compensation of Rs.1,00,000/- (Rupees One lakh only) and litigation cost.
3. The Opposite Party filed written version. The Opposite Party admits complainant became member of benefit fund on 01/09/2010. His age was 53 years then. After one year education benefits, after three years eligible for medical benefits, funeral expenses and on completion of 60 years eligible for refund of contribution amount. He is eligible for pension only after payment of contribution for a continuous period of 10 years. Membership who completed 60 year not eligible for marriage benefits for children.
4. The complainant produced following documents Ext.A1 Bank Card, identity card is Ext.A2, Ext.A3 is letter, Ext.A4 subscription payment details, Ext.A5 Publication of benefits details, Ext.A6 is Registration Card, Ext.A7 is letter, Ext.A8 and A9 are reply letter, Ext.A10 CD phone conversation, Ext.A11 is Subscription payment entries, Ext.A12 is Bank Card, Ext.A13 is copy of letter, and Reply is marked as Ext.A14.
5. No documents produced by the Opposite Party
From the pleadings of the parties the following points arise for consideration in the case:-
- Whether there is any deficiency in service or negligence from the Opposite Party in the matter of refusal of fund benefits towards marriage expenses of his daughter by the opposite party?
- Whether complainant is entitled for pension scheme from the fund since he did not pay subscription for a period of 10 years after joining the scheme.
- Whether complainant is entitled for compensation? If so for what reliefs?
All the points discussed together for convenience.
6. The facts remains that the Opposite Party is a state owned and controlled organization. It is regulated by statutory provisions and its rules and regulations. The rules are to be strictly followed.
A member who has paid subscription for a minimum of 3 years is eligible to get marriage allowance of Rs.5,000/- to meet the marriage expenses of his daughter.
Pension: Any member who have remitted the subscription for a minimum period of 10 consecutive years is eligible for person under the following criteria; (i) The member should have completed 60 years of age (ii) The member who is liable to go for work for more than 2 years due to same permanent illness.
Rules governed by the benefits scheme insist that to consider for pension he should have completed 10 years as member of scheme. But in the present case he joined at the age of 53 years and he paid subscription for seven years by the time when he completed 60 years of age. Hence,rejection of claim of pension is as per rules of the scheme. Issue No.1 is found against complainant.
But rejection of financial help for marriage of daughter is without any justifiable reasons since subscription for 3 years is paid and no other rigor is attached to the disbursement of marriage allowances.
His date of birth is 23/11/1956 application for marriage financial help is submitted on 11/12/2017, by the time he completed 60 year age on 23/11/2016 as per version of Opposite Party, have claim is rejected, no appeal is filed, then decision became final. There is no stipulation that marriage financial help is not payable in case member completes age of 60 only condition is that a member who has paid subscription for a minimum of 3 year is eligible to get marriage allowance of Rs.5,000/- to meet the marriage expenses of his daughter.
Here is a member who paid subscription for more than 6 years, thus eligible for marriage allowance of Rs.5,000/- and its rejection amounts to deficiency in service. Non filing of appeal against the rejection order is not a reason to refuse relief under Consumer Protection Act. Hence, issue No.2 found in favour of the complainant. He is eligible for refund of contribution amount already paid by him towards his membership fund.
Contention that consumer complaint is not maintainable since service relates to Government, establishments is not as per law and hence rejected. Thus complainant is entitled to marriage benefits of his daughter namely Rs.5,000/- (Rupees Five thousand only). He is also entitled to the refund of accumulated fund amount to his credit in the fund. Since eligible amount is not paid in time. There is deficiency in service of Opposite Party, the complainant is entitled for compensation thereof. The complainant claimed Rs.1,00,000/- as compensation which is higher side. But a sum of Rs.10,000/- is found to be reasonable compensation. He is also entitled for cost to litigation fixed as Rs.5,000/-
Thus complaint is allowed in part Opposite Party No.1 is directed to pay Rs.5,000/- (Rupees Five thousand only) towards marriage allowances of complainant’s daughter and Rs.10,000/- (Rupees Ten Thousand only) towards compensation for deficiency in service and also Rs.5,000/- (Rupees Five Thousand only) cost of litigation along with the accumulated amount paid by and lying to the credit of complainant in the Kerala Shops and Commercial Establishment Welfare Fund Board within 30 days of the receipt of the order. The complainant is entitled for interest of Rs.15,000/- (Rupees Fifteen Thousand only) at the rate of 8% from date of filing compliant 19/02/2020 till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1: Bank card
A2: Identity Card
A3: Letter
A4: Subscription payment details
A5: Publication of benefits details
A6: Registration Card
A7: Letter
A8: Reply letter
A9: Reply letter
A10: CD phone conversation
A11: Subscription payment entry
A12: Bank card
A13: Copy of letter
A14: Reply
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
