Date of Filing : 13.08.2010
Date of Order : 24.03.2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.390/2010
THURSDAY THIS 24th DAY OF MARCH 2016
Mr. M. Arumugam,
S/o. Murgesa Naicker,
No.1/191, Perumal Koil Street,
No.33, Navallur Village and Post
Chengalpattu Taluk,
Kancheepuram District. ..Complainant
..Vs..
1. The Employees Provident Fund
Organization Regional office,
Royapettah,
Chennai 600 014.
2. The Employees Provident Fund
Organization Regional office,
No.3, Rajaji Salai,
Tambaram,
Chennai 600 045.
3. The Management of
Natesan Precision Components (P) Ltd.,
No.9 B. CMDA Industrial Area,
M.M.Nagar, Sengundram Village,
Kanchipuram District,
Pin Code 603 204. ..Opposite parties
For the Complainant : M/s. P. Chandrasekaran & another
For the Opposite parties 1 & 2 : M/s. S.Srinivasan.
For the opposite party-3 : Exparte.
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties to disburse pension benefit payable to the complainant with interest and also to pay a sum of Rs.30,000/- as compensation and also to pay a sum of Rs.5,000/- as cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
1.The case of the complainant is briefly as follows:-
The Complainant have joined as employee in the 3rd opposite party company on 27.07.1978, and continuously worked for 30 years. During the year 2008, the complainant and the other employees by raising grievance due to shifting of factory from Sholinganallur to Sengundaram have given voluntary retirement and the same was accepted by the 3rd opposite party management and settlement was arrived on 10.04.2008. The complainant being the contributor and member in the Employees provident fund with opposite parties 1 and 2, despite of several demands the complainant has not sanctioned and paid pension for which he is entitled for under the above scheme by the opposite parties 1 and 2. The complainant has sent a legal notice to the opposite parties, though they have received the same they have not sanctioned and paid the monthly pension which amounts to deficiency of service on the part of the opposite parties, as such the complainant prays to direct the opposite parties to pay pension benefits with interest for the arrears and also compensation of Rs.30,000/- and litigation charges.
Written Version of 1st and 2nd opposite parties are briefly as follows:
2. The complaint filed by the complainant is not maintainable, and put the complainant for the strict proof of the allegation made in the complaint and further stated that the complainant was sanctioned pension benefit by this opposite party and the said amount have been credited in the savings bank account No.30385119232 in the State Bank of India, Sholinganallur branch. The details are PPO No.524697, pension arrears Rs.1021/- vide scroll dated 25.10.2010 pension Rs.851/- paid upto November 2010. Hence the question of opposite parties disbursing pension benefit does not arise at all, and the relief sought for in the compliant is infructuous and complainant is not entitled for any litigation expenses and the complaint is liable to be dismissed.
3. Even after receipt of the notice from this forum in this proceeding, the 3rd opposite party did not appear before this Forum and did not file any written version. Hence the 3rd opposite party was set exparte on 20.12.2010.
4. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A6 were marked on the side of the complainant. Proof affidavit of 1st and 2nd Opposite parties are filed and documents Ex.B1 & Ex.B2 were marked on the side of opposite parties 1 & 2
5. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs sought for?.
6. POINTS 1 to 2 : -
Perused the complaint filed by the complainant and written version filed by the opposite parties 1 and 2 and the documents filed by both sides and considered the both side arguments.
7. On perusal of the complaint, the complaint is filed by the complainant before this forum on 13th August 2010. However subsequent to the filing of this complaint, as stated by the opposite parties 1 and 2, the opposite parties, as mentioned in their written version and the documents Ex.B1 and B2, monthly pension of Rs.851/- with effect from 25.08.2010 for the complainant was sanctioned on 07.10.2010 and pension arrear of Rs.1021/- as on 25.10.2010 was remitted in his bank account and subsequent months the pensions are being paid regularly. This has not been disputed or denied by the complainant.
8. However the complainant has raised objections since he was retired from the service on voluntary retirement by settlement dated 10.04.2008, and entitled for drawing pension, immediately after the said date of retirement, the opposite parties 1 and 2 have sanctioned pension only on 07.10.2010 that too the sanctioning the pension w.e.f. 25.08.2010 and paying the same is not proper, as such the opposite parties 1 and 2 have to pay the arrear of pension immediately after his voluntary retirement and till the date of 25.8.2010 with interest, requested this forum to pass order for the same against the opposite parties.
9. However the opposite parties has not given proper explanation on their side for taking the 25.08.2010 as a date for entitlement for pension for the complainant and giving effect too. On going through the Ex.B1 and B2 filed on the side of the opposite parties 1 and 2, the reason for cessation of membership is mentioned as superannuation and the date for entitlement of pension with effect from is mentioned as 25.08.2010 and further it is mentioned that the date opted for pension, before 58 years is 25.08.2010. However for the above said entries there is no proper explanation or pleadings or production of necessary documents on the side of opposite parties 1 and 2. Since the documents Ex.B1 and Ex.B2 itself is mentioned that the date of cessation of membership is 11.05.2008, which is appear to be related to date of voluntary retirement of the complainant, as per settlement, stated by the complainant, how the opposite parties has sanctioned the pension, for the complainant with effect from 25.08.2010, since no proper explanation or supporting documents are produced on the side of opposite parties 1 and 2, we are of the considered view as contended by the complainant that the complainant have been retired from employment on voluntary basis from 10.04.2008 and his member ship was ceased as per Ex.B1 mentioned particulars on 11.05.2008 the complainant would have been sanctioned pension with effect from 11.05.2008, contrary to this the opposite parties 1 and 2 without any basis has sanctioned pension for the complainant w.e.f. 25.08.2010 and disbursed the same is not proper and not valid. Therefore as contended by the complainant the opposite parties 1 and 2 are liable to sanction the monthly pension for the complainant w.e.f. 11.05.2008 and having failed to sanction the same and disburse and pay the arrears for the same to the complainant, we find justification for directing the opposite parties 1 & 2 to sanction, pension and to pay arrear of monthly pension at the rate of Rs.815/- per month along with interest at the rate of 9% p.a. from 11.05.2008 to 24.08.2010. Further considering the facts and circumstances of the case we are not inclined to grant compensation as sought for in the complaint against the opposite parries 1 and 2, since interest for the said arrear for pension was ordered to be paid as mentioned above. Further the opposite parties 1 and 2 are also liable to pay a sum of Rs.2500/- as litigation charges to the complainant. and there is no order as against the opposite party 3, since he has not concerned with the complaint mentioned sanction of pension and payment of arrears. Accordingly the points 1 & 2 are answered in favour of the complainant.
In the result, this complaint is partly allowed. the opposite parties 1 and 2 are jointly and severally directed to pay arrear for monthly pension at the rate of Rs.815/- (Rupees Eight hundred and fifteen only) per month from 11.05.2008 to 24.08.2010 with interest at the rate of 9% p.a. to till the date of payment and also to pay a sum of Rs.2500/- (Rupees Two thousand and five hundred only) towards litigation charges within 6 weeks from the date of this order. In respect of opposite party-3 the complaint is dismissed.
Dictated directly by the President to the Assistant, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 24th day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 22.7. 2010 - Copy of legal notice issued by complainant.
Ex.A2- 26.7.2010 - Copy of Ack. card from the 1st opposite party
Ex.A3- 26.7.2010 - Copy of Ack. card from 2nd opposite party.
Ex.A4- 24.7.2010 - Copy of Ack. Card from 3rd opposite party.
Ex.A5- 27.7.2010 - Copy of reply from 2nd opposite party.
Ex.A6- 30.7.2010 - Copy of reply from 3rd opposite party
Opposite parties’ Exhibits:-
Ex.B1- - - Copy of Particulars of Member Pension Scheme.
Ex.B2- 15.10.2010- Copy of Pension sanctioned order by Employees Provident
Fund Organization, Chennai.
MEMBER-I MEMBER-II PRESIDENT.
