BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE                     

Dated this the 1^st March 2017

PRESENT

  SRI VISHWESHWARA BHAT D     : HON’BLE PRESIDENT

  SMT. LAVANYA M. RAI                  : HON’BLE MEMBER

COMMON ORDERS IN

C.C. Nos. 349, 350, 351, 352, 354, 356, 357, 358/2016 

 (Admitted on 14.10.2016)

IN C.C.No.349/2016

Mr. N. Chandran Pillai,

S/o P.K.N. Naik,

Age: 63 years,

Shivakrupa House,

Pallai Kanyadi,

2^nd Cross Dharmastal Post,

Belthangadi,

Mangalore.

Phone No: 9481265451.

IN C.C.No.350/2016

Mr. Shantharam N Naik,

S/o Narayan,

Age: 61 years,

Elikal House,

Alletti Post, Sullia Tq,

Mangalore District,

Phone No: 9449469629.

IN C.C.No.351/2016

Mr. M. Belliappa Gowda,

S/o M. Lingappa Gowda,

Aged 61 years,

Megha Nidhi Nilaya,

Kemmai, Chikkamudnoor Post,

Puttur Tq, Dakshina Kannada.

Phone No: 8762211238.

IN C.C.No.352/2016

Mr. Hubert Lobo,

S/o Late Lawrence Lobo,

Aged 62 years,

Kolpedh Baily House,

Maladi Village & Post,

Kodhanthyar, Belthangady Taluk,

Dakshina Kannada Karnataka  574224.

Phone No: 9448429159.

IN C.C.No.354/2016

Mr. K. Girish,

S/o Late K. Narayana Suvarna,

Aged 61 years,

Vaishnavi Nilaya,

Near Mahalinngeshwara Hall,

Puttur Tq,

Mangalore.

IN C.C.No.356/2016

Mr. S. Kittanna Rai,

S/o Kukkana Rai,

Aged 63 years,

Kukke Subramanya Village & Post,

Sullai Tq, Mangalore.

Phone No: 9449283904.

IN C.C.No.357/2016

Mr. V. Shamanna,

S/o Eshwara,

Aged 61 years,

Mottetdka Keminje Village,

Darbe Post, Puttur Tq,

Dakshina Kananda,

Phone No: 9480319554.

IN C.C.No.358/2016

Mr. Ummar B,

S/o Mohiddin Kunhi,

Aged 62years,

Alake Majalu,

Idkidu Post and Village,

Bantwal Tq.

                                                            ….. COMPLAINANTS

(Advocate for the Complainants: Smt. SK)

VERSUS

Assistant Provident Fund Commissioner (Pension)

Regional Office,

Bhavishya Nidhi Bhavan,

Mangalore.

                                                                …........OPPOSITE PARTY

(Advocate for the Opposite party: Sri JRN)

ORDER DELIVERED BY HON’BLE PRESIDENT

SRI VISHWESHWARA BHAT D:

I.       1. The above complaints filed under Section 12 of the Consumer Protection Act alleging deficiency in service against opposite party claiming certain reliefs. 

The brief facts of the case are as under:

     These case are identical set of facts and cases pleaded by both sides are also identical.  Hence by this common order these cases are being disposed off.

2.     Complainants claims they were retired employees of KSRTC, Puttur Division and members of the Employees’ Family Pension Scheme 1995and later of Employees’ Pension Scheme of 1995 the date/year of joining service, age on retirement and pension fixed by opposite party 

are as under:

3.     The complainants contend they have been contributing to the Pension Scheme of 1971 and subsequently to 1995.  They are entitled for pension under the 1995 scheme to be fixed under para 12 (b) sub para (a) and (c) and para 10 (2) thereof.   The opposite party has fixed their pension they are also entitled for arrears on re fixing of the pension and interest at 12% on the arrears and benefit under para 10 (2) and (3) of the scheme of 1995 and also seeks benefit under the scheme of 1995.  The complainants claim they have given representation to opposite party for refixing their pension which was not complied.  Hence seeks the relief.

II.     Opposite party on entering appearance through counsel in these cases filed revised pension work sheet showing the re fixed pension after applying 2 years weightage on payable service with the member pensioners.

2.       Parties have not attended any evidence.

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

1. Whether there is consumer dispute between the parties?
2. If so, whether the Complainant is entitled for any of the other reliefs claimed?
3. What order?

      We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:         

                    Point No. (i): Affirmative

                            Point No. (ii): Affirmative           

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

REASONS

IV.      POINT NO. (i):   In these cases the complainants who are the consumers as their pension is being disbursed by the opposite party the service provider based on the contribution made by the complainants while they were in service.  Hence opposite party cannot escape from responsibility as service provider.   In fact in all these cases opposite party did file memo mentioning that he has worked out the entitlement of these complainants and re fixed the pension payable to the claimants and also the arrear due to them.   But these calculation memos filed by opposite party and also from the representation of these claimants it indicates these worksheet of re-fixing the pension due and arrears due are subsequent to filing of these complaints about a month and a half of representation given by these complainants.  Hence in our view there is a live dispute between the parties as contemplated under section 2 (1) (e) of the C P Act.  Hence we answer point No.1 in the affirmative.

POINTS No. (ii):   In these case when we see the representation were given to opposite party in first week of September 2016 re fixing of the pension as seen from these memos filed on behalf of opposite party shows they were re fixed in October 2016 i.e. much after filing of these complaints.  As such it is necessary to direct opposite party as it is settled law in a number of reported cases of the State Commission and National Commission as well as the Apex Court that the pensioners are entitled of benefits under para 10 (2) as well as 17-A i.e. interest on arrears.   In the circumstances opposite party shall be directed to work out and then refixation shall be calculated as per para 12 (3.5) of the scheme of 1995.  Hence while directing opposite party to calculate a fresh admissible pension shall also be directed to pay with interest at 12% on the arrears already paid/payable if any on fresh reworking of the pension dues to the complainants.   Hence these complaints are liable to be allowed. Considering that these complaints are made to be filed by complainants but not attending on the claims soon after the representation was given, opposite party shall be directed to pay a sum of Rs.2,500 towards compensation and cost.  Hence we answer point No.2 in the affirmative.

POINTS No. (iii): Wherefore the following

ORDER 

All the complaints i.e. CC. Nos. 349, 350, 351, 352, 354, 356, 357, 358/2016 are allowed.   Opposite party is directed to work out a fresh admissible pension and re-fix the pension of these complainants and pay the arrears if any and also to pay interest at 12% per annum on the arrears already deposit/to be paid from the date of complainants due till the date of deposit/date of payment to the complainants.

2.     Opposite party shall also pay compensation of Rs.2,500/- (Rupees Two thousand Five hundred only)  in each case.

3.  Payment shall be made within 30 days from the date of this order.

4.    Keep original of this order in CC.349/2016 and a copy thereof in CC Nos. C.C. Nos. 350, 351, 352, 354, 356, 357, 358/2016.

      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 8 directly typed by steno on computer system to the dictation of President revised and pronounced in the open court on this the 1^st March 2017

              MEMBER                                                    PRESIDENT

      (LAVANYA M. RAI)                           (VISHWESHWARA BHAT D)

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

           Mangalore.                                               Mangalore.

ANNEXURES OF CC. Nos. 349, 350, 351, 352, 354, 356, 357, 358/2016

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:

RW1  Nil 

Documents marked on behalf of the Opposite Party:

 Nil 

Dated: 01.3.2017                                          PRESIDENT