BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  MANGALORE                   

Dated this the 27^th March 2017

PRESENT

  SRI VISHWESHWARA BHAT D     : HON’BLE PRESIDENT

   SMT.LAVANYA M. RAI                   : HON’BLE MEMBER

ORDERS IN

C.C.No.05/2017

(Admitted on 13.1.2017)

Sri. H.K. Tamme Gowda,

S/o Kale Gowda,

Mare Gowda House,

Hethur Post,

Saklesphura Taluk,

Hassan District.

                                                       ……… Complainant

(Advocate for Complainant by Smt. LCH)                                                                                                         

VERSUS

The Asst. Provident Fund,

Commissioner (Pension),

EPF Organization, Regional Office,

Silva Road, Highlands, Mangalore 1.

                                                          …. Opposite Party

        (Advocate for Opposite Party by Sri. JRN)

ORDER DELIVERED BY HONBLE MEMBER

SMT. LAVANYA M. RAI

1.  This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.

The brief facts of the case are as under:

          Complainant claim that he were retired employee of KSRTC, Mangalore Division and member of the Employees Family Pension Scheme 1995 and later of Employees Pension scheme of 1995 the opponent in the  year 1987 and has put in more than 20 years of continuous service under the KSRTC, Mangalore and he was paid monthly pension from 18.7.2014 onwards.  The complainant has attained the age of 58 years, during the year July 2014. He is getting monthly pension of Rs.2,034/ p.m and the same is being credited to his bank account. The complainant contend they have been contributing to the Pension Scheme of 1971 and subsequently to 1995.  He is entitled for pension under the 1995 scheme to be fixed under para 12 (3.5) (a) and (b) and para 10 (2) thereof.  The Opposite Party has fixed the pension and he is also entitled for arrears on revise the pension and interest at 12% on the arrears and benefit under para 10 (2) of the scheme of 1995 and also seeks benefit under the scheme of 1995.  The complainant claim they have given representation to Opposite Party for revise the pension which was not complied.  Hence seeks the relief.

II. Opposite Party on entering appearance through counsel revised pension work sheet (Annexure R1) showing pension after applying 2 years weightage on payable service with the member pensioners.

          Parties have not attended any evidence.

 III.     In view of the above said facts, the points for arise for our consideration in the case are:

1. Whether the Complainant is entitled for any of the reliefs claimed?
2. If so, whether the Complainant is entitled for any of the reliefs claimed?
3. What order?

        We have considered arguments submitted by the complainant and Opposite Party and also considered the materials that was placed before the Fora and answered the points are as follows:

                              Point No. (i) and (ii) : Affirmative

                              Point No. (iii): As per the final order.

REASONS

IV.   POINTS No. (i) and (ii):  In this case, the Opposite Party filed memo of calculation on 13.2.2017 showing the amount of arrears of P.F contribution due to the complainant there is no dispute relating in same. Now the dispute is complainant filed the complaint on 7.1.2017 and the amount credited to his account on 1.2.2017 and produced the bank statement the Opposite Party released the amount only after filing present complaint pension scheme 17 (A) reads thus: 

          In case the commissions fails without sufficient cause to settle a claim within 30 day shall be liable for the delay.  In this case the Opposite Party received notice as per acknowledgement dated 20.1.2017 after filing complaint. Hence the Opposite Party shall be liable to pay interest for 12% from the date if became due till the date the amount credited to the complainant account i.e. 1.2.2017 and also pay Rs.1,000/ towards the cost. Hence we answer point no. 1 and 2 in the affirmative.

          In the result, accordingly we pass the following Order.

ORDER

                The complaint is allowed.  Opposite Party shall be liable to pay interest for 12% from the date if became due till the date of 1.2.2017 and also pay Rs.1,000/(Rupees One thousand only) towards the cost.  Payment shall be made within 30 days from the date of this order.

 Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.

(Page No.1 to 4 dictated by Member to the Stenographer typed by him, revised and pronounced in the open court on this the 27^th March 2017)

             MEMBER                                        PRESIDENT

      (LAVANYA M RAI)                    (VISHWESHWARA BHAT D)

D.K. District Consumer Forum            D.K. District Consumer Forum

             Mangalore                                       Mangalore

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1    Nil

Documents marked on behalf of the Complainant:

Nil

Witnesses examined on behalf of the Opposite Party:

RW.1: Nil

Documents marked on behalf of the Opposite Party:

Nil

Dated: 27.03.2017                                    MEMBER