BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM, BAGALKOT.

COMPLAINT NO.74/2018
 

DATE OF FILING: 05/07/2018

DATE OF DISPOSAL : 10^th day of May, 2019

P r e  s e n t:    

01) Smt.Sharada.K.                                   President…

     B.A.LL.B. (Spl)  

02) Smt. Sumangala.C.Hadli.                     Lady   Member…

                            B.A (Music)

                                                                   V/s.      

JUDGEMENT DELIVERED BY SMT.SHARADA.K.PRESIDENT

This case is filed by the complainant U/Sec 12 of the Consumer Protection Act 1986 (Herein after referred to as the “Act”) against the Opposite parties (in Short the Ops) for directing the opponent to release the capital amount of Rs.90,200/- along with accrued interest till realization and opponents to pay Rs.25,000/- as mental agony and

2.    The brief fact of the case are as follows:

          That the complainant husband was drawing monthly pension from Opponent No.1 organization under PPO No.40960 and present complainant is made nominee to receive the Widow pension and return of capital amount as mentioned in PPO.  That the husband of the complainant late Maritimmapa Gangal was expired on 03/04/2017 that after the death of her husband complainant moved the application along with required documents to opponent No.1 and requested to release the monthly widow pension and return of capital amount. Complainant further submitted that the opponent after receiving all the documents on 05/03/2017 had released the monthly pension amount, but not released the return of the capital amount as mentioned therein, after that the complainant personally visited the opponent office but the opponent has not given a proper answer to the complainant. That the complainant being fed-up with the attitude of the opponent had requested her counsel to issue a legal notice accordingly a legal notice was sent to the opponent but so far he has not replied. Complainant further submitted that the return of capital amount of Rs.90,200/- is an accumulated amount deducted from the pensioner Maritimmappa Gangal in the PPO copy issued by the opponent No.1 in column No.VIII it is clearly written that on death or the member of pensioner or the widow/widower as the case may be who has been in receipt of reduced pension as indicated in the table, Shri./Smt. Shantabai Gangal (Beneficiary/Nominee) shall be paid a lump sum amount of Rs.90,200/- by the disbursing agency, after verifying the bonafide of the said recipient and after taking from him/her a receipt for the said amount according to the prescribed form. That the return of the capital amount is legitimate right of Widow and that, has to be claimed by the present complainant since this amount belongs to the previous pensioner out of his contribution the central government has made a provision to issue the capital amount to the next widow which may help her. and Rs.90,200/- towards the capital amount, Rs.25,000/- towards as mental agony and Rs.5,000/- towards the cost of the proceedings and other reliefs that forum deems fit.

3.      The Forum registered case issued notices to O.P No.1 and 2. After receipt of notice, OP.1 appeared through Inperson before the Forum and filed the objection alongwith some documents. Inspite of service of notice No.2 called out absent. Hence place exparte.

Brief facts of the Written Version of O.P.No.1 :-

OP No.1 denied all the allegations made against him and submits that complainant had suppressed the material fact and further submits that the complainant has stated that they have submitted documents for release of pension and Return of Capital amount on 05.03.2017, whereas the member pensioner Sri. Maritimmappa Gangal, was died on 03.04.2017 which reveals that the allegation made is false one, that before death of the member pensioner they have claimed death benefits and Return of Capital amount which is not acceptable. Further the complainant has accepted that the opponent has released pension amount and stated that the Return of capital amount is not released. In this connection, it is brought to the notice of the Hon’ble Court that the member pensioner Sri. Maritimmappa Gangal has claimed pension in Form No.10-D on 22.03.2006, wherein, he has exercised the Option for Return of Capital at Sl.No.10 of the application and opted option-3, nominating Smt. Shantabai Gangal at Sl.No.11, For the sake of convenience, the para 13 of the Employees Pension Scheme, 1995 towards Return of Capital prior to the date of its deletion vide Gazette Notification bearing No.GSR. 688(E) dated 26.09.2008 is provided below:

“13. Options for Return of Capital: (1) A member eligible to pension may, in lieu of pension normally admissible under Paragraph 12 subject to commutation of pension, if any, under paragraph 12-A opt to draw for reduced pension and avail of Return of Capital under any one of the three alternatives given below:-

It is evident from the above, that if the member opts for Return of Capital –alternative 3, then 87.5% of original monthly pension for a fixed period of 20 years notwithstanding whether the member lives for that period or not, thereafter the pension will cease. The amount payable as return of capital is 100 times the original monthly pension at the end of 20 years from the date of commencement of pension to the member if he is alive, otherwise to his nominee and the pension has been released in respect of the member pensioner Sri. Maritimmappa Gangal, from 22.03.2006 to till his death, thereafter, the same member pension has been continued to Smt. Shantabai Gangal which will be ceased at the end of 20 years from the date of commencement of member pension i.e., on 21.03.2026 as per para 13 (3) of Employees Pension Scheme, 1995. Further in addition to member pension the complainant is getting eligible widow pension which is not disputed by the complainant. O.P.1 further contended that with regard to the Return of Capital amount of Rs.90,200/- in accordance with the provisions of Para 13(3) of Employees Pension Scheme 1995 it is due to release at the end of 20 years from the date of commencement of pension to the member if he is alive, otherwise to his nominee i.e., Smt. Shantabai Gangal.

         4.       Complainant has filed affidavit evidence and he has also produced some documents and undisputed one therefore there is no need to go in-detail about the documents.

5.      Heard the arguments of both the sides.

6.      Now the points that arise for our consideration are;

1. Whether the complainant is entitled to the relief as is sought for?

2. What Order?

7.      Answers to the above Points:-

1. Negative.

2. As per final order.

: R E A S O N S :

8. Point No 1:-   That the complainant husband was drawing his monthly pension from O.P.No.1 under PPO No.40960 and the said pensioner was expired on 03/04/2017 after his death. Complainant is made nominee to receive the widow pension and return of capital amount as mentioned in PPO Copy para No.VIII. The allegation of the complainant is that the not released the return of the capital amount is legitimate right of widow and that has to be claimed by the present complainant.

Per contra, O.P.No.1 denied all the allegation of the complaint and further going ahead contended that the pension has been released in respect of the member pensioner Sri. Maritimmappa Gangal, from 22.03.2006 to till his death, thereafter, the same member pension has been continued to Smt.Shantabai Gangal which will be ceased at the end of 20 years from the date of commencement of member pension i.e., on 21.03.2026 as per Para 13(3) of Employees Pension Scheme 1995, further, in addition to member pension the complainant Smt. Shantabai Gangal is getting eligible widow pension which is not disputed by the complainant. Further, with regard to the Return of Capital amount of Rs.90,200/- in accordance with the provisions of para 13(3) of Employees Pension Scheme 1995, it is due to release at the end of 20 years from the date of commencement of pension to the member if he is alive, otherwise to his nominee i.e., Smt. Shantabai Gangal. As the date of commencement of pension is 22.03.2006, the due date for release of Return of Capital amount is 21.03.2026, which has been clearly indicated in Pension Payment Order under Part IV of Pensioners Portion. The same has been conveyed to the complainant when she visited Opponent No.1’s office which has not been understood by complainant properly. Hence the allegation made by the complainant is totally false.

9. In order to prove the case of both the parties filed their affidavit evidence and documentary evidence. On perusal of the evidence and records looking at the documents filed by the O.P.No.1 that the deceased Sri. Maritimmappa Gangal has claimed pension in form No.10 D on 22.03.2006 wherein said pensioner exercised the option for Return of Capital at Sl.No.10 of application and opted option 3, nominating Smt. Shantabail Gangal at Sl. No.11, copy of form No.10 D submitted Sri. Maritimmappa Gangal is enclosed Annexure-1. Para 13 of Employees Pension Scheme 1995 towards Return of Capital prior to the date of its deletion Vide Gazette Notification bearing No.GSR 688 (E) dated 26.09.2008 is provided  below;  

          “13. Options for Return of Capital: (1) A member eligible to pension may, in lieu of pension normally admissible under Paragraph 12 subject to commutation of pension, if any, under paragraph 12-A opt to draw for reduced pension and avail of Return of Capital under any one of the three alternatives given below:-

Further O.P.1 stated that no, the opponent is not acting contrary to PPO copy, as explained above, in fact, the Return of Capital amount is due on 21.03.2026 in the instant case and the opponent will release on its due date as per the provisions of the Para 13 of Employees Pension Scheme 1995.

10. Complainant is claiming their Capital amount pre mature and there are any grounds shown in this complainant for partial amount claiming. Hence complainant entitled for only the due date for Capital amount. The provisions of para 13 of Employees pension Scheme 1995. Hence the complaint is not maintainable, we answer point No.1 in negative.

        11. Point No 2:-   In the result, we proceed to pass the following:-

ORDER

1. The complaint is dismissed. No order as to costs.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 10^th day of May 2019)