Date of Filing:09.07.2013
Date of Disposal:21.02.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:21.02.2023
PRESENT
HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
APPEAL No.1019/2013
The Regional Provident Fund Commissioner
Sub-Regional Office,
3rd Floor, SLV Towers,
Parvathi Nagar, Bellary
(By Mrs Nandita Haldipur, Advocate) Appellant
-Versus-
1. Mr K Abdul Hameed
Aged about 71 years,
R/o J K Servicing Point,
Azeez Compound,
Near Zoo, Radio Park,
Cowl Bazaar, Bellary
(By Mr Rukmangadachar, Advocate)
2. The Divisional Controller,
NEKRTC,
Bellary Division,
Divisional Office,
Siriguppa Road, Bellary
(By Mr B.L.Sanjeev, Advocate) Respondents
:ORDER:
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. This is an Appeal filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Order dated 30.04.2013 passed in Consumer Complaint No.34/2013 on the file of District Consumer Disputes Redressal Forum, Bellary (for short, the District Forum).
2. Perused the Impugned Order, grounds of Appeal and heard the arguments of the Learned Counsels on record.
3. The District Forum after enquiring into the matter, allowed the Complaint in part against OP, directing OP1 to re-fix the entitled Monthly Pension of the Complainant, as per Para 12 (2) Read with Para 10 (2) and 12 (5) (b) of the Employees Pension Scheme 1995, by giving weightage of two years and pay the Pension accordingly from the date as applicable and the arrears of the pension amount due shall be paid to him within two months from the date of the Order, failing which, the balance of Pension amount, shall carry interest @ 6% p.a from the date of the Order till realisation, with cost of Rs.1,000/- and Dismissed the Complaint as against OP2. Aggrieved by this Order, OP-1 is in Appeal, contending that he has revised the Pension by granting weightage of two years and credited the arrears of amount of Rs.18,285/- to the Pensioner’s SB Account on 14.11.2013. Hence, there is no deficiency in service on his part and thus seeks to set aside the Impugned Order.
4. It is not in dispute that the Complainant is an employee of NEKRTC, Bellary Division/OP2 and during his service, he contributed to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995 also. It is also not in dispute that, the Appellant has revised the entitled Monthly Pension by adding weightage of two years and also paid the arrears of Pension to the Complainant during November 2013.
5. On perusal of document produced along with Written Arguments submitted by the Appellant, it is seen that the Appellant revising the entitled Monthly Pension by adding weightage of two years is proper. Further, it is observed that Appellant releasing the arrears of pension on 14.11.2013 is also proper. However, Appellant released the arrears of the pension amount to the Complainant that too after Complainant raising a Complaint before the District Forum and disposal of the Complaint in the year 2013 belatedly and, in our considered opinion, the act of Appellant amounts to deficiency in service. In such circumstances, the Impugned Order directing the OP to pay interest @ 6% p.a from the date of Complaint till its realisation, with cost of Rs.1,000/- is just and proper and same does not call for any interference. Accordingly, Appeal stands Dismissed.
6. The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for further needful.
7. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
President
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