Karnataka

StateCommission

A/142/2021

K.Kannappa, dead by LRs - Complainant(s)

Versus

The Asst. Commissioner, - Opp.Party(s)

T.Ramaiah

23 Nov 2023

ORDER

Date of Filing:12.02.2021

& 18.02.2021

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 BSANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL Nos.142/2021 and 162/2021

 

APPEAL No.142/2021

Mr K Kannappa

Since dead by his LRs

 

1) Mrs Shakunthalamma

    W/o Late K Kannappa

    Aged about 66 years

 

2) Mr Basavaraju

    S/o Late K Kannappa

 

3) Mr Murugan

    S/o Late K Kannappa

    Resident of 4^th Cross.

    Vinobhanagar

    Tumkur City                                                                 Appellants

    (By Mr T Ramaiah, Advocate)

 

 -Versus-
 

The Asst. Provident Fund Commissioner

Employees Provident Fund Organisation
No.62, 3^rd Cross,

Industrial Surub,
Yeshwantha Pura, 2^nd Stage
Bengaluru-560022                                                         Respondent                           

(By Mrs.Nandita Haldipur, Advocate)
                                              

APPEAL No.162/2021

The Asst. Provident Fund Commissioner

Regional Office, Peenya
Bengaluru-560022                                                        Appellant                                                  Appellant
(By Mrs.Nandita Haldipur, Advocate)

 

-Versus-

Mr K Kannappa

Since deceased by his LRs

 

a) Mrs Shakunthalamma

    W/o Late K Kannappa

 

b) Mr Basavaraju

    S/o Late K Kannappa

 

c) Mr Murugan

    S/o Late K Kannappa

    4^th Cross, Vinayak Nagar

    P H Colony

    Tumkur Town                                                          Respondents

    (By Mr T Ramaiah, Advocate)

                                                         

:COMMON ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       These two Appeals are filed under Section 73 of Consumer Protection Act 2019 aggrieved by the Order dated 05.01.2021 passed in EP No.76/2017 on the file of District Consumer Disputes Redressal Commission, Tumakuru (hereinafter referred to as District Commission). Since the facts and law involved in these cases are one & the same, they have been taken up together for consideration.

 

2.       Heard the arguments of the learned Counsels on record.  Perused the Impugned Order and Grounds Appeal. 

3.       District Commission after enquiring into the matters in its Execution proceedings, passed the order as under:

          “The Memo of Calculation filed by the J.Dr is correct and J.Dr is directed to pay Annual Relief as per Para 32 of the Employee’s Pension Scheme, 1995 to the D.Hr from 2001 to 2020 with interest at the rate of 12% p.a”

4.       Aggrieved by this Order, Complainant has preferred Appeal No.142/2021 seeking to set aside the order dated 05.01.2021 with a direction to the Respondent to pay Rs.20,000/- as compensation and 10,000/- as Appeal costs.  While OP preferred Appeal No.162/2021 seeking to set aside the order dated 05.01.2021 passed in EP No.76/2017 and close the Execution Petition.

5.       On perusal of the Document No.29 annexed to the Appeal Memorandum in Appeal No.162/2021, it seen that Appellant/OP has challenged the Order dated 14.08.2015 passed in CC No.143/2014 on the very same complainant in Appeal No.1733/2017 and this Commission on 12.07.2019 while Dismissing the Appeal, proceeded to record its reasoning in Para 35 of the Impugned Order as hereunder:

“35.   The contention of the complainants with regard to benefit under Para 32 of the scheme i.e., Annual Relief it is seen that the said provision reads as hereunder:

 

        “32. Valuation of the Employees’ Pension Fund and review of the rates of contributions and quantum of the pension and other benefits – (1) The Central Government shall have an annual valuation of the Employees Pension Fund made by a valuer appointed by it;

 

        Provided that it shall be open to the Central Government to direct a valuation to be made at such other times as it may consider necessary.

2) at any time, when the Employees’ Pension Fund so permits, the Central Government may alter the rate of contributions payable under this Scheme or the scale of any benefit admissible under this Scheme or the period for which such benefit may be given”.

 

6.       Thus in view of the aforesaid reasons, the Order dated 05.01.2021 in EP No.76/2017 by the District Commission cannot be enforced.  Accordingly, both the Appeals are disposed of.

 

 

 

7.       Keep the Original of this Order in Appeal No.142/2021 and copy thereof, in Appeal No.162/2021.

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

 

Lady Member                      Judicial Member                   President

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