IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 27th day of September, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No.239/2022 (Filed on 09/11/2022)
Complainant : Suresh Kumar K.K,
Vishnu Nivas,
Velloor P.O, Pampady,
Kottayam - 686 501.
(By Adv: Neethu P.B)
Vs.
Opposite party : The District Executive Officer,
Kerala Motor Transport Worker’s
Welfare Fund Board,
Polachirackal Building,
Unit 2, First Floor,
C.M.S College Road,
Kottayam – 686 001.
O R D E R
Sri.Manulal.V.S, President
The complaint is filed under Section 35 of the Consumer Protection Act 2019.
Case of the complainant is as follows:
The complainant was a driver of Diamond Roller Flour Mill, Pallom. When the complainant was working as a driver of Diamond Roller Flour Mill, Pallom joined the opposite party’s welfare fund on 21/01/2008 and continued up to 30/04/2020. As per opposite party’s terms and policy, complainant contributed Rs.100/- per month and the owner contributed Rs.400/- for heavy vehicle and Rs.200/- for small vehicle to the opposite party’s welfare fund. As per terms and conditions of the policy of the opposite party’s pension and refund, whether a person who is the member of the fund eligible for pension and refund only when he/she attains the age of 60. Moreover, one will be eligible for pension and refund when he/she completes 8 years of its membership. Complainant remitted for 12 years from 21/01/2008 to 30/04/2020. After the retirement from the firm on 30/04/2020 immediately the complainant filed an application for the refund and pension on 8/06/2020 that is within 60 days as per the policy. Moreover, he attained 60 years of age on 27/04/2020. It is submitted in the complaint that as per terms and conditions of the welfare fund policy, the complainant is entitled to get the pension amount from 30/05/2020 as he applied for the same on 8/06/2020. So, the complainant is entitled to get the pension from the scheme.
As per the terms of policy of the welfare fund a member can apply and obtain the refund and pension as on the date of application as the accumulated sum of welfare fund on attainment of 60 years of age. But the opposite party allowed refund only. The complainant filed the application for the refund along with the pension on 8/06/2020 with the opposite party immediately after his retirement. In the meanwhile, the Covid 19 pandemic spread all over and a complete lock down was imposed by the Government. After lifting of the lock down the complainant approached the opposite party and came to know that the opposite party only allowed refund on 22/10/2020 and denied the pension. On enquiry the complainant came to know that the application for the pension is missing from the opposite party or hiding or concealing the same for denying the pension. On 7/12/2020 the complainant again made an application for pension with delay condonation application as instructed by the opposed party and the same was allowed on 1/12/2020. The complainant lost his 6 months pension of Rs.4,000/- each per month from 1/06/2020 to 1/12/2020. As per the terms and conditions of the opposite party, the complainant has full right to get the pension amount from the next month of retirement. The act of the opposite party not to allow the amount of pension of the welfare fund taken by the complainant on his application amounts to deficiency in service and unfair trade practice on the part of the opposite party. Hence this complaint is filed by the complainant praying for an order to direct the opposite party to pay Rs.24,000/- along with interest and to pay Rs.25,000/- as compensation for the mental agony and difficulties caused to the complainant due to the deficiency of service and unfair trade practice on the part of the opposite party.
Upon notice from this Commission opposite party appeared before the Commission and filed version contending as follows :
The complainant availed membership in the welfare fund scheme on 21/01/2008 vide Code Number KMT/ 05/GVW/ 002479. He had paid a total amount of Rs.16,020/- as his contribution from 2/07 to 4/20. The employee had attained 60 years of age on 26/04/2020. He had paid his contribution for 13 years and 3 months i.e., from 2/2007 to 4/2020 without any default. But the contribution for the period from 4/19 to 4/20 has been paid by the complainant only on 8/06/2020.
The complainant filed an application for refund on 17/06/2020 and the same was allowed on 22/10/2020 by the order of the District Executive Officer and an amount of Rs.55,208/- was refunded to the complainant. Application for the refund was disposed off in the month of October 2020 due to the rush of Covid financial aid disbursement. At the time of considering the application for refund it was found that the complainant had a service of 159 months and thereafter contacted him over telephone and to direct to file an application for monthly pension. However, the complainant filed an application for monthly pension only on 7/12/2020 along with a petition to condone the delay of 6 months caused in filing the application.
The application for the pension was processed in the office of Chief Executive Officer. The Director Board which was held on 27/07/2021 allowed the monthly pension of Rs.4,000/- to the complainant. On 2/09/2021 an amount of Rs.40,000/- which was the monthly pension of Rs.4,000/- each for the periods from 12/20 to 9/21 was credited to the account of the complainant. Thereafter the monthly pension is regularly paid to the complainant before 5th of every month.
The monthly pension was allowed to the complainant in accordance with the provisions in paragraph 46(c)(3) of Kerala Motor Transport Workers Welfare Fund Scheme. Due to the Covid pandemic all the applications should be put into the box which was kept in the office and there were no other complaints regarding the loss of application which was put in the box at that time.
The complainant filed proof affidavit in lieu of chief examination and marked Exhibits A1 to A8. Sureshkumar, who is the opposite party, filed proof affidavit and marked Exhibits B1 to B8 from the side of the opposite party.
On evaluation of complaint, version and evidence on record we would like to consider the following points.
(1)Whether the complainant has succeeded to prove any deficiency in service or unfair trade practice on the part of the opposite party?
(2) If so, what are the reliefs?
For the sake of convenience we would like to consider point number one and two together.
POINTS 1 & 2 :-
There is no dispute on the fact that the complainant joined in the Kerala Motor Transport Worker’s Welfare Fund Scheme of the opposite party on 1/01/2008 and continued as a member of the same till 30/4/2020. Exhibit A1 is the Identity Card issued to the complainant by the opposite party. It is admitted by the opposite party that the complainant had paid Rs.16,020/- to the welfare scheme from 2/07 to 4/20. It is further proved by Exhibit B1 that the complainant had paid Rs.15,900/- as his contribution and his employer had paid Rs.23,700/- as his contribution to the welfare fund scheme. Opposite party allowed Rs.55,208/- as refund of the amount under the scheme including the interest for the same.
The specific case of the complainant is that though he had filed an application for the refund of the amount along with the application for the monthly pension on 8/06/2020, the opposite party only allowed the refund of the amount paid and not considered the application for the monthly pension. Exhibit A2 is the application filed by the complainant on 8/06/2020 for the refund of the amount and for the closure of the membership of the scheme. Exhibit A3 is the copy of the application form filed by the complainant on 8/06/2020 for monthly pension under the scheme of the opposite party.
The complaint was resisted by the opposite party contending that as per the conditions of the scheme the application for the monthly pension should be filed within 60 days from the date of attaining 60 years of age. The complainant had attained 60 years of age on 27/04/2020 and he filed the application for the monthly pension only on 7/12/2020. It is further contended by the opposite party that in case of a belated application, the pension shall be sanctioned from the date of application. According to the opposite party in case on hand the complainant filed the application for the pension on 7/12/2020 which is after 60 days from the date of attaining 60 years of age.
Admittedly the complainant continued to be a member of the opposite party’s scheme for 13 years and 3 months and he had paid his contribution till 4/20. It is proved by Exhibit B2 that a member of the fund who is having not less than 10 years of the completed service on superannuation shall be eligible for pension. It is further stated in Clause 46(c) of Exhibit B2 that a member of the fund shall within 60 days from the date of superannuation submit his application for pension before the District Executive Officer along with the relevant documents.
Clause 46 (c)(3) of Exhibit B2 states that in case of a belated application, pension shall be sanctioned only from the month in which it was received by the District Executive Officer concerned. It is admitted by the opposite party that during the period of Covid application should be put into the box which was kept in the office of the opposite party. Clause 46(c)(2) of Exhibit B2 states that on receipt of the application for pension that District Executive Officer shall issue a receipt to the applicant in Form No.104 in token of having received the same. It is further stated in Clause 46D of Exhibit B2 that the application for pension received as per paragraph 46 C shall be registered in a register in Form No. 11 chronologically assigning year wise number.
According to the complainant he has put the application for the refund along with the application for monthly pension on 8/06/2020 in the box which was kept in the office of the opposite party. We cannot believe that a driver who is the member of the welfare fund scheme which is constituted for securing the life of the employees at their old age would file an application for the refund of the amount only at the superannuation. The complainant admitted that he had filed Exhibit B4 application as instructed by the opposite party. It is pertinent to not that the opposite party did not produce the register in Form No. 11 in which the details of the application for the pension shall be recorded by the opposite party in accordance with the Paragraph 46D of the Exhibit B2. In the absence of any contradictory evidence, we cannot accept the contention of the opposite party that the complainant had filed application for the pension along with a delay condonation petition on 7/12/2020. Moreover, considering the panic situation due to the COVID pandemic the Central and State Governments and the Honourable Supreme Court of India has extended the limitation period with effect from irrespective of the limitation period prescribed under the general law or special law, whether condonable or not applicable across all courts, tribunals and authorities.
On the basis of aforesaid discussion, we are of the opinion that the opposite party has committed deficiency in service by not sanctioning the monthly pension to the complainant from 30/05/2020 that is the next month from his superannuation from the welfare fund scheme. It is evident that due to the act of the opposite party the complainant had suffered a loss of Rs.24,000/- i.e., the pension from the period of 30/05/2020 to 31/11/2020 . The opposite party is legally bound to pay the pension for that period as per the law. In these circumstances we allow the complaint and pass the following order.
We hereby direct the opposite part to pay Rs.24,000/-(Rupees Twenty Four Thousand only) to the complainant which is the monthly person at @ Rs.4,000/- per month from the period of 30/05/2020 to 31/11/2020 .
We hereby further direct the opposite party to pay Rs.10,000/-(Rupees Ten Thousand only) as compensation to the complainant for the deficiency in service on the part of the opposite party.
The order shall be complied within 30 days from the receipt of his order failing which the compensation amount shall carry 9% interest per annum from the date of this order till realization.
Pronounced in the Open Commission on this the 27th day of September, 2023
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
Sri.K.M.Anto, Member Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Copy of Identity Card issued to the complainant
by the opposite party.
A2 - Copy of refund application dated 08/06/2020 submitted
by the complainant
A3 - Copy of pension application dated 08/06/2020 submitted
by the complainant
A4 - Copy of Driving Licence of the complainant
A5 - Letter No.KMT/05/GVW/2479/P/21 dated
25/09/2021 issued by the opposite party
A6 - Letter No.G-4718/2021 dated16/11/2021 issued
by District Labour Officer, Kottayam
A7 - Copy of opposite party’s letter dated 27/11/2021
regarding the complainant’s complaint to Hon’ble Chief Minister
A8 - Copy of legal notice dated 10/10/2022 issued by
the complainant to the opposite party
Exhibits from the side of Opposite party :
B1 - Copy of Proceedings dated 22/10/2020 of District
Executive Officer regarding the refund of Rs.55,208/-
B2 - Copy of Provisions of Kerala Motor Transport Workers
Welfare Fund Scheme
B3 - Copy of pension application dated 07/12/2020
submitted by the complainant
B4 - Copy of complainant’s letter dated 07/12/2020
addressed to the opposite party
B5 - Copy of Order No.A8-5342/20/KMT/05/MGV/7545/
HGV/14615/GVL/25263/GVW/2479/P/20 dated
27/07/2021 of Chief Executive Officer, Kollam
B6 - Copy of reply to Ext.A8 legal notice, issued by
the opposite party dated 12/10/2022
B7 - Copy of reply dated 17/11/2021 issued by the
District Executive Officer to Chief Executive Officer
against the complainant’s complaint in CM Portal
B8 - Copy of reply dated 17/11/2021 issued by the
opposite party to District Collector, Kottayam
against the complainant’s complaint
By Order,
Sd/-
Assistant Registrar
