BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

Piara Ram s/o Late Sh.Rakha Ram, R/o Kothi No.312, Phase 7, SAS Nagar, Mohali.

…..Complainant

                 V E R S U S

1]  Executive Director (North) Food Corporation of India Zonal Office (North), Plot No.A-2A, A-2B, Sector 24 Noida (UP).

2]  Regional Provident Funds Commissioner, Employees Provident Fund Organization, Ministry of Labour, Govt. of India, Sub Regional Office, Nidhi Bhawan A-2/C Sector 24, Noida (U.P).

3]  General Manager (Region) Food Corporation of India Regional Office, Punjab Bay No.34-38, Sector 31-A, Chandigarh.

                      ……Opposite Parties

CORAM:   SH.P.D.GOEL                  PRESIDENT

         SH.RAJINDER SINGH GILL       MEMBER

         DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by: Complainant in person.

          Sh.Santokh Singh, Counsel for OP No.1 & 3.

           Ms.Geeta Sharma, Counsel for OP No.2.     

PER RAJINDER SINGH GILL, MEMBER

        As per averments made in the complaint, the complainant was working as Manager (Genl.) with Food Corporation of India and was posted in the office of OP No.3. He had retired on 28.2.2009 on attaining the age of 60 years and per policy the pension amount was to be calculated w.e.f. 1.3.2007 on attaining the age of 58 years. The complainant was a member of employees pension scheme 1995,having CPF no.10554 and family pension scheme a/c no.9455. Prior to retirement, the complainant submitted all the requisite documents for grant of pension, which were forwarded by OP No.3 to OP NO.1 vide letter dated 10.7.2007. When nothing was heard about sanction of monthly pension, the complainant sought the latest position of pension case from OP No.1 under RTI Act 2005, vide application dated 22.5.2009. The complainant was informed by OP No.1 vide letter dated 8.7.2009 that pension case had been sent to OP No.2 vide letter dated 30.5.2009. Since no information was received from OP No.2, the complainant submitted a representation dated 22.1.2010 followed by another representation dated 18.2.2010 requesting therein for early release of pension. The Assistant Provident Fund Commissioner, Noida vide their letter dated 19.5.2010 informed that relevant papers had been sent to their Regional Office at Chandigarh on 13.4.2010. At last, the complainant was paid an amount of Rs.88638/- against pension during September 2010.

    It is alleged that despite timely submission of required papers during May 2007, the pension amount received during September 2010. The late pension caused great financial as well as irreparable loss to the complainant, therefore, the complainant is entitled to claim interest on pension @ 18% p.a. A legal notice for payment of interest on arrear of family pension from 1.3.2007 was sent to OP No.1 on 17.11.2010, but no action was taken. Hence this complaint.

2.       The OP No.1 & 3 in their reply pleaded that the complainant submitted his papers on 31.5.2007 to OP No.3 which were sent to OP No.1 on 10.7.2007. The OP No.1 sent back the papers to OP No.3 vide letter dated 20.10.2007 due to non submission of SSN Forms and after doing the needful, the papers were re-submitted to Manager CPF-VI Zonal Office, North Noida vide letter dated 4.12.2007. Thereafter OP No.1 forwarded the papers to OP No.2 vide letter dated 30.5.2009 and subsequently the case was sent by OP No.2 to RPFC Chandigarh for issuing of PPO and the complainant received the pension in Sep.2010 without any objection but filed the present complaint as an after thought on 26.5.2011. Therefore, the complaint is liable to be dismissed as there was no delay on the part of OP No.1 & 3. The complainant retired on 28.2.2009 and received the pension in Sep.2010 without any objection.

3.       The OP No.2 in their reply pleaded that pension papers as per the office record, were received on 21.1.2010 and prior to this, the employer FCI is responsible for handling the papers. The OP No.2 is only responsible for settlement of 10-D claims of the members and the claim of the complainant was already settled on 13.4.2010. Thereafter, the claims papers were sent to the Chandigarh RPFC Office for the issuance of PPO. The Chandigarh office issued the PPO on 12.8.2010. The complainant has already received the amount of Rs.88,638/- in the month of September,2010. The complainant is getting Rs.918/- of pension every month. The time taken by the FCI to complete the papers cannot be attributed on OP No.2. In view of this, it is prayed that reliefs claim by complainant are not maintainable qua OP No.2 and the complaint is liable to be set aside.

4.       Parties led evidence in support of their contentions.

5.       We have heard the complainant in person and learned counsel for the OPs No.1 to 3 and have also perused the record.

6.       It is admitted case of the complainant that he retired from Food Corporation of India (Punjab), Chandigarh on 28^th February,2009 on attaining the age of 60 years. As per the Pension Scheme under the Employee’s Pension Scheme, 1995, the pension amount of the complainant was to be calculated from 01.03.2007 on attaining the age of 58 years and accordingly, the complainant had submitted his pension papers with OP-3 on 14.5.2007 and the same were forwarded to OP-1 on 10^th July, 2007 vide Annexure-C and thereafter there was no response from either of the OPs to the complainant as to what was the position & status of his pension case. Ultimately, the complainant was compelled to move an application under Right to Information Act, 2005 to know the status of his pension case. The information received by the complainant under Right to Information Act was that his pension case was sent to Opposite Party No.2 on 30.5.2009 i.e. after a period of 2 years from the date of submission. No explanation or reasons was given by either of the opposite parties as to what they had done with the pension of the complainant by keeping it with them during the whole period of two years and the complainant was again compelled to move a representation to Opposite Party No.2 on 18.10.2010 vide Annexure-G requesting Regional Provident Fund Commissioner, Noida (U.P.) to release his pension at the earliest.  The complainant was compelled to send legal notices and ultimately, the pension was released to the complainant in September, 2010 and an amount of Rs.88,638/- was paid to him.

7.       The Opposite Parties have not been able to give any explanation, evidence or satisfactory answer as to why they kept pending the pension case of the complainant for two years.  This act of the complainant proves deficiency in service on the part of Opposite Parties due to which complainant suffered harassment and was deprived of his hard earned money to use for that long period of two years.

8.       In view of the above findings, this complaint is allowed and the OPs are jointly and severally directed to pay to the complainant interest @12% p.a. on the amount of Rs.88,638/- already paid to the complainant, from date of his retirement i.e. 28.2.2009 till September, 2010, when it was actually paid to the complainant.  The Ops are also directed to pay an amount of Rs.25,000/- as compensation for mental agony and harassment, which complainant suffered due to deficiency in service on the part of OPs.  Besides this, Ops are also directed to pay to the complainant a sum of Rs.5000/- as litigation expense.

9.      This order be complied with by the Ops jointly and severally within 30 days from the date of receipt of its certified copy, failing which they shall be liable to pay the amount of compensation of Rs.25,000/- along with interest @12% per annum from the date of filing the present complaint 27.5.2011  till the date of actual payment besides Rs.5000/- as costs of litigation.

10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.