Karnataka

StateCommission

A/1686/2017

The Regional Provident Fund Commissioner - Complainant(s)

Versus

Siddappa - Opp.Party(s)

Nalini Venkatesh

09 Feb 2023

ORDER

Date of Filing :07.08.2017

Date of Disposal :09.02.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:09.02.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.1686/2017

 

 

The Assistant Provident Fund Commissioner

Bhavishya Nidhi Bhavan

Regional Office

No.13, Raja Ram Mohan Roy Road

Post Box No.25146

Bengaluru-560 025                                                          Appellant

(By Mrs Nalini Venkatesh, Advocate)

 

                      -Versus-            

Mr Siddappa
S/o Mr Lachhappa,
Aged about 60 years,
R/at Kerakalamatti Village,
Badami Tq.,

Bagalkote District                                                          Respondent

(By Mr Yogeesh Hiremath, Advocate)

 

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP aggrieved by the Order dated 20.08.2017 passed in Complaint No.51/2016 on the file of District Consumer Disputes Redressal Forum, Bagalkot (for short, the District Forum).

 

2.       Heard the arguments of the Learned Counsels for Appellant & Respondent and perused the Impugned Order, grounds of Appeal and material placed on record.

3.       Admittedly, Respondent/Complainant had opted for VRS after serving of 11 years of service in M/s Mysore Minerals Ltd., and The Mine Manager, M/s Mysore Minerals Ltd., and the Administrative Officer, Mysore Minerals Ltd., forwarded Form No 10 (C) and No 10 (D) Form to Appellant/OP to process and release the entitled Pension amount to the Member of the Complainant. Inspite of forwarding the required documents to the OP and since he has not release the Complainant’s entitled Monthly pension, Complainant raised a Consumer Complaint on 12.04.2016, seeking direction to OP to release his  entitled Monthly Pension amount from the date of VRS, with accrued interest thereupon till its realisation. This Commission observed that as per the submission of Appellant, vide his letters dated 10.04.2014 & 01.09.2014, had directed the Respondent to furnish the required details in the relevant Forms.  In other words, it is for presumption that after receipt of form 10-D, the entitled Monthly Pension will be settled by the Appellant.  However, District Forum after enquiring into the matter, allowed the Compliant in part, directing the OP1/Appellant herein for settlement of Complainant’s Monthly Pension amount from the date of retirement, with arrears, interest at the rate of 9% per annum from the date of retirement till realisation to the complainant and also directed OP1 to pay Rs.5,000/- for mental agony, expenses and cost of Rs.2,000/- etc.,

 

4.       It is relevant to make a mention of the fact that Ex-C3 & Ex-C5, the documents produced before the District Forum by the Complainant, clearly discloses that, M/s Mysore Minerals Ltd., and the Administrative Officer, Mysore Minerals Ltd., forwarded 10 (C) and 10 (D) Form to the OP/Appellant for calculating & release of the Complainant’s entitled Monthly Pension.  On the other hand, the document Nos.20 & 21 annexed to the Appeal Memorandum, discloses that the Appellant had called upon M/s Mysore Minerals Ltd., and copy endorsed to the Respondent, to furnish the details as sought for in the relevant Form. It is not in dispute that Respondent/Complainant had completed more than 10 years of service, as such, he is entitled for Minimum Assured Pension and the Appellant has also not denied for releasing of the Pension amount.  In the circumstances, it is for the Respondent/Complainant as well as his Employer - M/s Mysore Minerals Ltd., to submit Form 10-D with all particulars as per letter of Appellant dated 10.04.2014 & 01.09.2014 for settlement of Pension, within one month from the date of this Order.  Further, the Appellant herein, is hereby directed to settle the entitled Monthly Pension to the Respondent/Complainant within 2 months from the date of the Order, subject to immediate compliance of the requirements of the OP/Appellant.   With this observation, Appeal stands disposed off.

 

5.       The statutory deposit in this Appeal is directed to be refund to the Appellant with proper identification by his Advocate.

 

 

 

6.       Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

 

 

                                                                         President       

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