DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 2nd day of December 2021
Present : Sri.Vinay Menon V, President
: Smt.Vidya.A, Member
Date of filing: 03.06.2019.
CC/170/2019
Narayanan P
S/o Theyyen - Complainant
Plachithodi House
Ezhuvanthala PO
Nellaya
Palakkad 679 335
Vs
Kerala Building & other Construction
Workers Welfare Board, Palakkad - Opposite Party
O R D E R
By Smt Vidya A, Member
1. The complainant was a member of the Kerala Buildings and other Construction Worker’s Welfare Fund since February 1997 and he was making monthly payments of Rs 20/- towards the welfare fund from that time. He retired from his work on January 2018. Before retirement, the complainant had to stay in Hyderabad for sometime in relation to his treatment. He defaulted the payment during that period and when he returned, he paid the entire defaulted amount for renewing his membership and for getting the retirement benefits as per the advice of a union leader. The complainant submitted an application for getting his pension in the opposite party’s office on 02.02.2018. The opposite party’s office assured him that if he is eligible, the entire benefit amount will be credited to his bank account within six months.
He approached the opposite party’s office several times in connection with this and finally they informed him that he is not entitled to get the pension and he will get only a refund of the amount deposited by him. But he did not get that amount even after 1 1/2 years. This is because of the deficiency in service on the part of the opposite party.
The complainant has suffered mental agony and financial loss because of the acts of the opposite party’s office. So this complaint is filed for getting the deposited amount and a compensation of Rs 40,000/-.
2. Complaint admitted and notice issued to the opposite party. The opposite party entered appearance and filed their version.
3. Opposite party’s contentions in the version.
It is admitted that the complainant had submitted an application numbered as B/1139/18 dated 2/2/2018 for getting pension. On perusal of the application it was noticed that the complainant took membership of opposite party’s welfare fund on 29/01/1997 with number PK- 31292 and he was paying monthly instalments of Rs 20/- from 1/97 to 2/10 towards their welfare fund (From January 1997 to February 2010). He paid a total of Rs.3,160/- upto that period. Then he defaulted the payment for 8 years from March 2010.
Further in the application it was stated that he defaulted payments because of his stay in Hyderabad for treatment purpose and on returning he paid the entire defaulted amount from 3/10 (March 2010) to January 2018 amounting to Rs 1880/-. He paid the amount as per the advice of union leader that if he pay the entire defaulted amount, he will get the pension.
But the complainant has not informed the opposite party’s office about his stay in Hyderabad and the defaulted amount was allowed to be paid on the basis of a certification given by the Union.
As per the Board’s circular No. 14/2017 dated 20/10/2017 pension can be allotted to a member if he continuously renews his membership and fails to renew it only during the last year of retirement. But on verification of the complainant’s ID Card, it is seen that he had not renewed his membership after 2010 and so he is not entitled to get the pension. But he is entitled to get the refund of the amount deposited by him.
They could not take action on the application submitted by the complainant in time due to absence of required staff and delay in finding out the details in connection with the application. Funds are provided from their Chief office on all applications for getting the retirement benefit. Fund request is to be made to their Chief office in advance and the amount is credited to the applicant’s account on its receipt from there.
Letter is given to the Union Bank on 02/07/2019 to credit an amount Rs 4788/- to the complainant’s account after deducting 5% of the total amount deposited by him as service charge. (Total amount deposited is 5040 and deducted amount is 252)
4. Complainant filed Chief affidavit along with documents. After the filing of version, there was no representation from the part of the opposite party. So their evidence is closed. After filing of affidavit there was no representation from the part of complainant, Notice was issued to the complainant for appearance before the Forum. But he did not appear, so the evidence was closed and it was taken for orders.
5 Main Issues for consideration
1. Is there any deficiency in service on the part of opposite party’s Office?
2. If so, what is the relief as to cost and compensation?
Issues 1 & 2
6. Complainant’s membership in the opposite party Welfare Fund and the payment of monthly installments are admitted by the opposite party. In their version, they admit that the complainant was continuously paying a monthly installment of Rs 20/- from January 1997 to February 2010 (Total 3160). He defaulted payment for 8 years from March 2010. Then he made a payment of Rs 1880/- for the defaulted period of March 2010 to January 2018 in the year 2018. Thus he paid a total amount of Rs 5040/- towards his membership.
7 On verification of his ID Card, the opposite party’s office found that the complainant had not renewed his membership after 2010. The opposite party’s contention is that if the applicant was continuously renewing membership and failed to renew it on the last year of his retirement, he is entitled to pension as per the Board circular No 14/2017 dated 20.10.2017. They produced the circular. Here the complainant himself admitted that he did not renew the membership after 2010 and only in 2018, he paid the entire defaulted amount for 8 years. So the complainant is not entitled to get the pension. Perusal of the circular also clarifies this position. But he is entitled to get the refund of the amount deposited by him, as admitted by the opposie party.
8. The complainant had submitted his application for getting pension on 02/02/2018. After rejecting his pension application, the opposite party contended that he is only entitled to the refund of the deposited amount that too after deducting their service charge. As per their version, the complainant is entitled only to get an amount of Rs 4788 and on 02/07/2019 they gave a letter to the Union Bank to credit the amount to his account.
9. Since the complainant had not appeared before the Commission after that, it can be presumed from his conduct that the amount is credited to his account.
10 It can be seen that the amount was credited to the complainant’s account only after filing of this complaint. It took almost 1 ½ years to credit the amount to the complainant’s account. This is a clear deficiency in service on the part of the opposite party’s office for which they have to compensate the complainant. The complainant had suffered mental agony because of the inordinate delay on the part of the opposite party in remitting the amount due from the opposite party to the complainant.
11. The explanation given by the opposite party regarding the delay in refunding the amount deposited by the complainant, cannot be taken into account. On getting an application, it is the duty of the opposite party’s office to verify it and make necessary arrangements for getting the fund from the Chief office in case of eligible applicants without any delay. A reasonable delay is never a deficiency in service. But the delay of 1 ½ years can at no stretch of imagination be considered reasonable herein and so they are bound to compensate the complainant for that.
In the result the complaint is partly allowed. We direct the opposite party’s office to pay a compensation of Rs 2,000/- for their deficiency in service and 1,000/- towards the mental agony, financial loss and other inconveniences suffered by the complainant
The Order shall be complied within 45 days from the date of receipt of this order.
Pronounced in the open court on this the 2nd day of December 2021.
Sd/-
Vinay Menon V
President.
Sd/-
Vidya.A Member
Exhibits marked on the side of Opposite parties
NIL
Cost: Nil
