O R D E R (OP.70/2004)<br /> This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite parties to pay pension arrears with interest, costs and compensation.<br /> As per the averments in the complaint, the complainant was an employee of Central State Farm, Aral am retired from service on 31.3.2001 at the age of 52 years by opting voluntary retirement. The 1st opposite party is having jurisdiction to administrate family pension account of the complainant. The complainant is entitled to get reduced pension as on the day of his retirement. The complainant submitted application for disbursement of family pension through his employer, but he received the pension payment order only for the month of November 2003. As per the pension order dated 10.10.2003 the 2nd opposite party has sanctioned pension to the complainant w.e.f 22.1.2002 as per the direction of the 1st opposite party. In fact the complainant is entitled to get family pension w.e.f 1.4.01. On enquiry it is understood that it is due to the omission and latches on the part of opposite parties the Pension Payment Order is delayed for 9 months. Therefore he is entitled to get Rs.5985/- towards pension arrears with interest. The family pension was sanctioned after an inordinate delay of 30 months whereas the time limit only 30 days from the entitlement. The opposite parties have not sanctioned interest on pension arrears he is entitled for 12% interest. Lawyer notice was issued asking the benefit w.e.f 1.4.01, BUT no reply sent. Hence this complaint.<br /> <br /> Opposite parties filed version. It is admitted by the opposite parties that the complainant retired from service on31.3.2001 at the age of 52 years as Voluntary Retirement Scheme. The 1st opposite party is having no jurisdiction to sanction monthly retirement pension and the 2nd opposite party is liable to disburse the amount since the complainant has opted to receive the monthly retirement pension through a bank under the jurisdiction of the 2nd opposite party. It is denied that the complainant submitted the application through employer to the 1st opposite party. The application for pension was received by 1st opposite party only on 2.5.03.The complainant is eligible for monthly retirement pension from a date immediately following the day of 58 years of age not withstanding that the member had retired or ceased to be in employment before that date. The relevant statutory provision also is produced. Is the member so desires may be allowed to draw monthly reduced pension from the date earlier than 58 years age, but not earlier than 50years of age. In such case the amount of pension shall be reduced at the rate of 3% for every year, the age falls short of 58 years.So the averment that the complainant was denied pension for the period 1.4.01 to 22.1.2002 is totally wrong and misleading. The legal position is that if the complainant wants pension one year advance he has to forgo future pension by 3% per annum with reference to Para 12(7) of Employees Pension scheme 1995. In the application submitted by complainant requesting for reduced pension the effective date of option has not been specified. The date of option was taken into consideration on the effect from 22.1.02. The option exercised by the member for reduced pension is final and no change should be entertained after the receipt of pension payment order. There is no inordinate delay in sanctioning the pension. The application was received on 2.5.03 and the order was issued on 10. 10.03. A period of 5 months and 8 days have been taken by the opposite parties 1 and 2 in total. The application is submitted in Delhi office and payment is disbursed by the Kerala office. The time limit of one month to settle all claims become possible only if the offices get 100% computerized. As such there is no inordinate delay and deficiency in service. So complaint may be dismissed.<br /> <br /> The complaint was once decided and opposite parties were directed to pay interest @12% for the pension amount from 1.4.01 till 10.10.03 with cost of Rs.500/- to the complainant. The opposite parties preferred appeal and the Hon’ble State Commission pleased to set aside the order and remitted back so as to enable the opposite parties/appellants to get admitted in evidence the form 10D application for sanctioning pension by the earst while employer on 29.4.03 and received by the appellant on 2.5.03 and to pass orders giving opportunity to both parties to be heard. Opposite parties produced the original document and taken back after verification. <br /> <br /> On the above pleadings the following issues were raised for consideration:<br /> 1.Whether there is any deficiency in service on the part of the opposite parties?<br /> 2.Whther the complainant is entitled to get interest and compensation?<br /> Evidence consists of the affidavit filed by the complainant and Exts.A1 to A5 marked on the side of the complainant and Ext.B1 marked on the side of the opposite parties.<br /> Issue Nos. 1 & 2<br /> The complainant has claimed Rs.5985/- being pension arrears along with 12% interest of Rs.20485/- w.e.f 1.4.01 till realization of the amount. He has also claimed Rs.500/- as compensation together with cost. It has been admitted by opposite parties that the application for pension by the complainant received by the opposite parties office on 2.5.03 and the pension payment order issued on 10, 10, 03. As per the contentions of the opposite parties a period of 5 months and 8 days delayed for the disbursement of the pension amount. The complainant’s case is that he has submitted the pension application on 22.1.02 to the opposite parties and there is a delay of 21 months for the disbursement of the pension. As per employees pension scheme 1995 the Provident Fund Commissioner is liable for the delay beyond the period of 30days and penal interest at the rate of 12% per anum. If there is any deficiency in the claim the provision insist that the same shall be recorded in writing and communicate to the complainant within 30 days. The date seal affixed upon the face of Ext.B1 document show the date 2.5.03. But it cannot be ignored the fact that as per the pension order dt.10.10.03the 2nd opposite party has sanction pension to the complainant w.e.f 22.1.02. It has to be noted here that the implementation of the scheme in no way connected with the computerization. <br /> However ithas to be taken into account that as per Ext.B1 the application seen received in the office of the Employees Provident Fund Organisation at New Delhi on 2.5.2003. The Pension Paymen t Order was ordered on 10.10.2003, soothe delay is only 5 months and 8 days. Under Section 17-A of the Employees Pension scheme 1995 “the claims complete in allrespects submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within thirty days from the date of its receipt by the Commissioner. Hence we are of the opinion that the delay of 5 months and 8 days is a deficiency on the part of the opposite parties and opposite parties are liable to pay interest for the period of delay of 5 months and 8 days from 2.5.2003 to 10.10.2003 at the rate of 12% to complainant as per section 17-A of the employees Pension scheme. The complainant is also entitled an amount of Rs.500/- as cost of this proceeding.<br /> <br /> In the result, the complaint is allowed partly directing the opposite parties to pay interest @ 12% for the pension amount from 2.5.2003 till10.10.2003 with a cost of Rs.500/- to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite parties under the provisions of the Consumer protection Act. <br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member <br /> <br /> APPENDIX<br /> <br /> Exhibits for the complainant<br /> A1.Letter dt.18.9.03 sent on behalf of 1st OP.<br /> A2.Copy of the letter dt.10.10.03 issued by 2nd OP<br /> A3.Copy of the pension payment order dt.10.10.03.<br /> A4.Copy of the letter dt.26.11.03 sentto OP2.<br /> A5.Copy of the lawyer notice dt.20.12.03 sent to OP1.<br /> Exhibits for the opposite parties <br /> B1.Copy of application for monthly pension submitted by complainant.<br /> Witness examined for either side: Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> <br /> <br />