Date of Filing:29.05.2023
Date of Disposal:23.11.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:23.11.2023
PRESENT
HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
Mr K B SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M:LADY MEMBER
REVIEW APPLICATION No.62/2023
The Regional Provident Fund Commissioner-II
Employees Provident Fund Organisation
No.13, Raja Ram Mohan Roy Road
P. B.No.2594
Bengaluru-560 025 Petitioner
(By Mrs Nandita Haldipur, Advocate)
-Versus-
1. Sri M A Inbanathan
Major
R/o No.33/1-6, 2nd Cross
Thyagaraja Nagar
Bengaluru-560 003
2. The Chairman and Managing Director
Bharath Electronics Ltd.,
Corporate Office
Outer Ring Road
HBCS Layout, Nagavara
Bengaluru -560 045
(By Mr G B Sharath Gowda, Advocate)
3. The Chairman and Managing Director
Corporate Office
Hindustan Aeronautics Ltd.,
15/1, Cubbon Road
Bengaluru-560 001 Respondents
(By Ms S Lakshmi, Advocate )
: ORDER :
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
01. This Review Petition is filed under Section 50 of Consumer Protection Act 2019 by Appellant/OP1/The Regional Provident Fund Commissioner-II to review the Order dated 18.04.2023 passed in Appeal No.659/2023 by this Commission.
02. Heard the arguments.
03. The Petitioner in this Review Petition contends that the delay in submitting the documents through the Respondent’s Employer is on the part of the Complainant/Respondent No.1 herein and not the Appellant/Review Petitioner. Hence, granting of interest at 6% which has already been granted by DCDRC needs to be set aside.
04. Perusal of the records reveals that this Commission on 18.04.2023 held that, complainant retired from the service on 30.04.2006 by rendering 23 years and 14 days of past service and actual service of 10 years and 5 months and 14 days. The Appellant after procuring documents from the Employer fixed the Monthly Pension at Rs.1,618/- by giving weightage of two years and also credited a sum of Rs.3,01,002/- to the account of the Complainant as arrears for the period from 30.04.2006 to 31.10.2021, belatedly and in view of Para 16A of Employees Pension Scheme of 1995.
Para 16A of Employees Pension Scheme of 1995 reads as under:
16A. Guarantee of Pensionary Benefits - None of the pensionary benefits under this Scheme shall be denied to any member or beneficiary for want of compliance of the requirements by the employer under sub-paragraph (1) of paragraph 3 provided, however, that the employer shall not be absolved of his liabilities under the Scheme.
It is therefore, the directions already issued to the effect that OP1 is directed to pay interest at the rate of 6% pa on Rs.3,01,002/- to the Complainant is correct.
05. This Commission is of the considered view that it would be appropriate to make mention of Sec 50 of CP Act 2019, which provides for Review by State Commission in certain cases and Section 50 of CP Act 2019 ‘shall have the power to review any of the Order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order’.
06. This Commission having examined the Impugned Order, the mandate under Section 50 of CP Act 2019 and the contents of the Review Application and prayer thereon, we are of the view that, the Order of this Commission sought to be reviewed shall not fall under the category to be reviewed on an Application preferred.
07. If the OP1/Review Applicant is aggrieved by the Order of this Commission, is at liberty to avail remedies available to him under CP Act 2019 itself and not under Section 50. In such view, we proceed to dismiss the Review Application filed under Section 50 of CP Act 2019 with no order as to costs.
08. Send a copy of this Order to the parties concerned, immediately.
Lady Member Judicial Member President
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