The Asst. Provident FundCommissioner,, Sub-Regional Office, V/S Sri. Mallappa S/o Irappa Magadal, - Consumer Court Case

Karnataka

Bagalkot

CC/112/2016

Sri. Mallappa S/o Irappa Magadal, - Complainant(s)

Versus

The Asst. Provident FundCommissioner,, Sub-Regional Office, - Opp.Party(s)

B.K.Patil

11 Aug 2017

ORDER

Heading1

Heading2

Complaint Case No. CC/112/2016

1. Sri. Mallappa S/o Irappa Magadal,

Age 65 Yrs, Occ Rtd KSRTC Employee, R/o Sector No.36, Plot No.65 Navanagar, Bagalkot.

Bagalkot

Karnataka

...........Complainant(s)

Versus

1. The Asst. Provident FundCommissioner,, Sub-Regional Office,

Garaladinni Complex, 2nd Floor, Saath Kacheri Road, Raichur

584 102

Karnataka

............Opp.Party(s)

BEFORE:
	HON'BLE MRS. Smt Sharada K PRESIDENT
	HON'BLE MRS. Smt S C Hadli MEMBER
	HON'BLE MR. Mr S D Kadi MEMBER

For the Complainant:

For the Opp. Party:

Dated : 11 Aug 2017

Final Order / Judgement

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BAGALKOT

Date of Order: 11-08-2017

PRESENT

Smt K.Sharada B.A.L.L.B (Spl) : Hon’ble President

Smt Sumangala. Hadli B.A.Music : Lady Member

Shri Shravanakumar. D. Kadi M.Com L.L.B. (Spl) : Member

COMMON ORDERS IN C.C.No

C.C.No 10, 11, 13, 14, 15, 29, 30, 49, 74, 75,112,113, 114, 115, 119, 122, 124, 125, 126, 146 to 148, 202, 222 of 2016

Consumer Complaint No: 10/2016

Date of Admission: 23-01-2016

COMPLAINANT

1) Shri Noormahamad S/o Mahamad Yusuf Coachman@ Kochaman

Age: 65 Years Occ : Rtd Employee of Bagalkot

Cement Industries

C/o A.A.Gadadinni, R/o Bagalkot Cement Co Ltd

Bagalkot, Tq : Dist ; Bagalkot

Consumer Complaint No: 11/2016

Date of Admission: 23-01-2016

COMPLAINANT

1) Shri Hasan @ Hasanasab S/o Khadirsab Muchali

Age: 60 Years Occ : Rtd Employee of Bagalkot

Cement Industries

R/o Punjigalli(Killa),

House No 264/A, Bagalkot

Tq : Dist ; Bagalkot

Consumer Complaint No: 13/2016

Date of Admission: 23-01-2016

COMPLAINANT

1) Shri Chandrashekhar S/o Maharudrappa Pattar

Age: 66 Years Occ : Rtd Employee of

Hatti Gold Mines Co Ltd,

R/o Plot No 39, Sector N.35,

Navanagar, Bagalkot,

Tq & Dist Bagalkot.

Consumer Complaint No: 14/2016

Date of Admission: 23-01-2016

COMPLAINANT

1) Shri Veerappa S/o Basappa Idaramani

Age: 68 Years Occ : Rtd KSRTC Employee

R/o Hirebadawadagi,

Tq: Hunagund

Dist Bagalkot.

Consumer Complaint No: 15/2016

Date of Admission: 23-01-2016

COMPLAINANT

1) Shri Chandrashekhar S/o Sangayya Hiremath

Age: 65 Years Occ : Rtd KSRTC Employee

R/o Tumsha

Tq: Hunagund

Dist Bagalkot.

Consumer Complaint No: 29/2016

Date of Admission: 22-02-2016

COMPLAINANT

1) Shri Vaman S/o Karabasappa Baratakke

Age: 67 Years Occ : Rtd KSRTC Employee

R/o Near JSS School, Post Ilakal,

Tq: Hunagund

Dist Bagalkot.

Consumer Complaint No: 30/2016

Date of Admission: 22-02-2016

COMPLAINANT

1) Shri Mahantayya S/o Irasangayya Konnur

Age: 64 Years Occ : Rtd KSRTC Employee

R/o Hirebadawadagi

Tq: Hunagund

Dist Bagalkot.

Consumer Complaint No: 49/2016

Date of Admission: 14-04-2016

COMPLAINANT

1) Shri Mehboobdoula S/o Ameenuddin Kotwal

Age: 65 Years Occ : Rtd KSRTC Employee

R/o Upparmohalla ward No 9, House No 75,

Bagalkot, Dist Bagalkot.

Consumer Complaint No: 74/2016

Date of Admission: 01-06-2016

COMPLAINANT

1) Shri Malikasab S/o Aminasab Banadar

Age: 64 Years Occ : Rtd Employee

of Bagalkot Cement Industries

R/o Sidrameshwar Badawane, ward No 3,

Bagalkot, Tq & Dist Bagalkot.

Consumer Complaint No: 75/2016

Date of Admission: 01-06-2016

COMPLAINANT

1) Shri Gundappa S/o Hanamant Joteppanavar

Age: 63 Years Occ : Rtd Employee

Of Bagalkot Cement Industries

R/o Vivek Nagar, Extension Area,

Bagalkot, Tq & Dist Bagalkot.

Consumer Complaint No: 112/2016

Date of Admission: 02-08-2016

COMPLAINANT

1) Shri Mallappa S/o Irappa Magadal

Age: 65 Years Occ : Rtd KSRTC Employee

R/o Sector No 36, Plot No 65,Navanagar,

Bagalkot, Tq & Dist Bagalkot.

Consumer Complaint No: 113/2016

Date of Admission: 02-08-2016

COMPLAINANT

1) Shri Amarayya S/o Shivabasayya Goudar

Age: 66 Years Occ : Rtd KSRTC Employee

R/o Sector No 12, Plot No 103, Navanagar

Bagalkot, Tq & Dist Bagalkot.

Consumer Complaint No: 114/2016

Date of Admission: 02-08-2016

COMPLAINANT

1) Shri Basavaraj S/o Gurunathgouda Patil

Age: 63 Years Occ : Rtd KSRTC Employee

R/o Sector No 52 Plot No 4 Navanagar

Bagalkot, Tq & Dist Bagalkot

Consumer Complaint No: 115/2016

Date of Admission: 02-08-2016

COMPLAINANT

1) Shri Makbulsab S/o Maiboobsab Soudagar

Age: 62 Years Occ : Rtd Employee of

Bagalkot Cement Industries

R/o Killa Galli, Bagalkot,

Tq & Dist Bagalkot

Consumer Complaint No: 119/2016

Date of Admission: 02-08-2016

COMPLAINANT

1) Shri Virupaxalingappa S/o Solabanna Pattanad

Age: 59 Years Occ : Rtd Employee of

Basaveshwar Co-Op Bank

R/o Parvati Nilaya 8^th Cross,

Vidyagiri, Bagalkot

Tq & Dist Bagalkot

Consumer Complaint No: 122/2016

Date of admission: 08-08-2016

COMPLAINANT

1) Shri Irappagouda S/o Mudkappagouda Patil

Age: 64 Years Occ : Rtd KSRTC Employee

C/o Basava nagar, Behind Deshpande Petrol pump,

Mudhol, Tq : Mudhol Dist: Bagalkot.

Consumer Complaint No: 124/2016

Date of Admission: 08-08-2016

COMPLAINANT

1) Shri Thavarappa S/o Husanappa Lamani

Age: 63 Years Occ : Rtd Employee of

Bagalkot Cement Industries

R/o Muchakhandi LT

Tq & Dist Bagalkot.

Consumer Complaint No: 125/2016

Date of admission : 08-08-2016

COMPLAINANT

1) Shri Siddan Gouda S/o Hanamanthagouda Patil

Age: 61 Years Occ : Rtd Employee of KSRTC

R/o Malateshwar Nilaya Plot No 24,

3^rd Cross Vivekanand Rd. Vidyagiri,

Bagalkot, Tq & Dist : Bagalkot.

Consumer Complaint No: 126/2016

Date of admission: 08-08-2016

COMPLAINANT

1) Shri Basavaraj S/o Sangayya Patil

Age: 66 Years Occ : Rtd KSRTC Employee

R/o Sangappa, Mahant Nagar, Hunagund

Tq : Hunagund, Dist: Bagalkot

Consumer Complaint No: 146/2016

Date of admission: 01-09-2016

COMPLAINANT

Shri Hanamanthappa S/o Yamanappa Malled

Age:65 Years Occ : Rtd Employee of Bagalkot

Cement Industries

R/o Sector No 46, No 229,

Navanagar- Bagalkot

Tq & Dist: Bagalkot.

Consumer Complaint No: 147/2016

Date of admission: 01-09-2016

1) Shri Rajesab S/o Gudusab Walikar

Age: 63 Years, Occ : Retired Employee of

Bagalkot Cement Industries,

R/o Sector No 36, Plot No 23,

Tq & Dist: Bagalkot.

Consumer Complaint No: 148/2016

Date of Admission: 01-09-2016

COMPLAINANT

1) Shri Bapusab S/o Dastagirsab Walikar

Age: 59 Years Occ: Retd Employee of

Bagalkot Cement Industries

R/o Sector No 30, Plot No 38,

Navanagar- Bagalkot

Tq & Dist: Bagalkot.

Consumer Complaint No: 202/2016

Date of Admission: 06-10-2016

COMPLAINANT

1) Shri Kanakappa S/o Govindappa Dasar

Age: 63 Years Occ: Retd KSRTC Employee

R/o Plot No 12/C, Sector No 42,

Navanagar,Bagalkot

Tq & Dist: Bagalkot.

Consumer Complaint No: 222/2016

Date of Admission: 28-10-2016

COMPLAINANT

1) Shri Parappa @ Irappa S/o Laxaman Pattar

Age: 66 Years Occ: Retd KSRTC Employee

R/o Mahantesh Nagar,

Near Maigur Abdukal Darga,

Jamakhandi. Dist: Bagalkot.

V/s

OPPOSITE PARTIES

1) The Assistant Provident Fund

Commissioner, Sub Regional Office,

Sath Kacheri Road,Garaladinni Complex,

2^nd Floor, Raichur-584102.

((C.C.No 10, 11, 13, 14,15, 29, 30, 49, 74, 75, 112, 113, 114, 115, 119, 122, 124, 125, 126, 146 to 148,202,222 of 2016 by Smt J.V.Badami Advocate)

2) The Divisional Controller,

N.W.K.R.T.C.Bagalkot Division,

Divisional Office Navanagar

Bagalkot.

(Op No 2 in C.C.No 29, 30, 49, 112, 113, 114, 122, 125, 126 of 2016 By Shri S.S.Dongare Advocate.)

(Op No 2 in C.C.No 14/2016 15/2016,by Shri K.V.Kerur Advocate)

(Op No 2 in C.C.No 202, 222/2016 Exparte)

3) The General Manager,

Bagalkot Cement Industries Ltd, Bagalkot

Extension Area, Bagalkot

(Op No 2 in C.C.No 10, 11, 74, 75, 115, 124, Op No 2 and 3

In 146/2016 to 148/2016, Exparte)

4) The General Manager,

Hatti Gold Mines,Co Ltd

Hatti, Tq: Lingasur Dist: Raichur.

5) Special Office/ Inspector,

Employees Provident Fund

Organization office, Near Aradhan Lodge,

Opp : Bus Stand, Bagalkot-587101

(Op No 2 and 3 in C.C.No 13/2016 Exparte)

6) The General Manager,

Basaveshwara Co-Op Bank

Navanagar-Bagalkot

(Op No 2 in C.C. No 119/2016 Exparte)

COMMON ORDER

By Sri Shravanakumar.D.Kadi Member.

All these cases are filed by the above complainants are filed 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 Op No 1 to revise their monthly pension by extending the minimum assured benefit both in respect of past and present service with effect from the date of the retirement and to pay the arrears with 12% interest and also to give two years of weightage and also to give annual relief from Retirement till today and to pay the regular Monthly pension continuously etc.

In all these cases involved a common question of law and fact these cases are taken together for disposal by passing a common order.

That the Complainants’ Counsel stated in the year 2015, it came to the knowledge of the complainant’s through one of their colleagues that there are errors in the calculation of pension fixed to them. It also came to their knowledge that pension paid to them are lesser one that the Complainants are entitled. Immediately the Complainants have given representations to the Opposite party for the revision of the monthly pension but the Opposite party failed to comply the same.

It is further stated that, all the Complainants were working as employee under Op No 2 from different dates and while they were in service they were the members of “The Employees of Family Pension Scheme 1971” (for short1971 Scheme)and making contribution towards the Scheme and later on “The Employees Pension Scheme 1995”(for Short”1995 Scheme”) was introduced and brought into force with effect from 16^th day November of 1995 which was compulsory one and after commencement of the said 1995 scheme all the complainants continued to be the members of the scheme by making monthly contribution and subsequently they retired from services. Op No1 which is common in all these cases is functioning under the “Employees provident Fund and Miscellaneous Act 1952 and fixed the monthly pension of all the complainants. But however now the complainants have came to know that the fixation of their pension is not in accordance with the scheme and they have not been given two years of weightage as per the 1995 scheme in spite of their repeated request and issuance of the notice and this amounts to deficiency in service and further it is also alleged that the Op No1 has not given the Annual Relief which is to be given under Paragraph 32 the 1995 scheme etc., and hence complainants have prayed for giving necessary direction to the Op No1 to pay the following reliefs:-

a) To revise the monthly pension by extending the minimum assured benefits both in respect of past and present service with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.

b) To revise the monthly pension by extending the weightage of two years with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.

c) To pay the arrears accumulated by the complainants till the date of filing the complaints including interest at the rate of 12%p.a.

d) To give annual relief from 2001 to till this financial year and to pay the arrears as per the memo of calculation with interest at 12% p.a.

e) Pass the order to continue to pay the monthly pension to the complainants as per the scheme in revised scale and also claimed such other and further reliefs.

f) Pass the order to pay cost of Rs 10,000/- and also to award the compensation towards mental Agony.

5) For the purpose of convenience we would like to incorporate the memo of calculation supplied by the complainants which is part of the complaint under Annexure –“A” which is as under;

Memo of Calculation in C.C.No.10/2016

Sl No
	PPO No
	Name of the Member	Shri Noorahamad S/o Mahammayusuf Coachman@ Koachman
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	9 years
	Present Service Period	12 years 06 Months 23 days
	Pensionable Salary	Rs 5697/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5697/- X 13 years Present Service+2 years weightage service

=Rs 1393/-.

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years = 3.292 is applicable. Since the past service of Complainant is 9 years, multiplier 85 is applicable.

3.292 X85 = 280/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1393/- + 280 = 1673/-

Entitled amount Rs 1673/-

Paid amount Rs 1005/-

Difference Rs 668/-

From 10/06/2008 to 10/10/2015 = 88 months

668 X 88 Months = 58784/-

Rs 58784/-+ 12% interest p.a.i.e Rs 34293/- = 93077/-

Sl No
	PPO No
	Name of the Member	Shri Hasan @ Hasanasab S/o Khadirsab Muchali
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	56 Years
	Age as on 16-11-1995	39 Years
	Pay as on 15-11-1995	Rs 1564/-
	Past Service Period	4 years 5 Months 15 days
	Present Service Period	16 years 03 Months 14 days
	Pensinable Salary	Rs 6189/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6189/- X 17 years Present Service+2 years weightage service

=Rs 1764/-.

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 39 years.

58 years – 39 years = 19 years

Therefore factor shown in the Table B at the column “less than 19 years = 5.810 is applicable. Since the past service of Complainant is 5 years, multiplier 80 is applicable.

5.810 X80 = 464.8/-.

Rs 1764/- + 464.8 = 2228.8/-

Entitled amount Rs 2228.8/-

Paid amount Rs 1398/-

Difference Rs 830.8/-

From 01/03/2012 to 01/11/2015 = 44 months

830.8 X 44 Months = 36555/-

Rs 36555/-+ 12% interest p.a.i.e Rs 9139/- = 45694/-

Memo of Calculation in C.C.No.13/2016

Sl No
	PPO No
	Name of the Member	Shri Chandrashekhar S/o Maharurudrappa Pattar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	46 Years
	Pay as on 15-11-1995	Rs 3333/-
	Past Service Period	24 Years
	Present Service Period	11 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 11 years Present Service+2 years weightage service

=Rs 1207/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 46 years.

58 years – 46 years = 12 years

Therefore factor shown in the Table B at the column “less than 12 years = 2.992 is applicable. Since the past service of Complainant is 24 years, multiplier 170 is applicable.

2.992 x 170 = 509/-.

Rs 1207/- + 509/- =1716/-

Entitled amount Rs 1716/-

Paid amount Rs 1377/-

Difference Rs 339/-

From 08-05-2007 to 08-10-2015 = 101 months

339 X 101 Months = 34239/-

Rs 62551/-+ 12% interest p.a.i.e Rs 22826/- = 57,065/-

Memo of Calculation in C.C.No.14/2016

Sl No
	PPO No
	Name of the Member	Shri Veerappa S/o Basappa Idaramani
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	48 Years
	Pay as on 15-11-1995	Rs 2499/-
	Past Service Period	6 Years
	Present Service Period	9 Years 6 Months 15 Days
	Pensionable Salary	Rs 5884/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5884/- X 10 years Present Service+2 years weightage service

=Rs 1114/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 48 years.

58 years – 48 years = 10 years

Therefore factor shown in the Table B at the column “less than 10 years 2.473 is applicable. Since the past service of Complainant is 6 years, multiplier 80 is applicable.

2.473 x 80 = 198/-.

Rs 1114/- + 198/- =1312/-

Entitled amount Rs 1312/-

Paid amount Rs 870/-

Difference Rs 442/-

From 01/06/2005 to 01/10/2015 = 124 months

442 X 124 Months = 54808/-

Rs 54808/-+ 12% interest p.a.i.e Rs 45673/- = 1,00481/-

Memo of Calculation in C.C.No.15/2016

Sl No
	PPO No
	Name of the Member	Shri Chandrashekharayya S/o Sangayya Hiremath
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2859/-
	Past Service Period	4 Years
	Present Service Period	12 Years 4 Months 15 Days
	Pensionable Salary	Rs 6082/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6082/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of Complainant is 4 years, multiplier 85 is applicable.

3.292 x 85 = 280/-.

Rs 1393/- + 280/- =1673/-

Entitled amount Rs 1673/-

Paid amount Rs 958/-

Difference Rs 715/-

From 01/04/2008 to 01/10/2015 = 90 months

715 X 90 Months = 64350/-

Rs 64350/-+ 12% interest p.a.i.e Rs 37537/- = 1,01,887/-

Memo of Calculation in C.C.No.29/2016

Sl No
	PPO No
	Name of the Member	Shri Vaman S/o Karabasappa Baratakke
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	47 Years
	Pay as on 15-11-1995	Rs 2499/-
	Past Service Period	13 Years
	Present Service Period	10 Years 2 Months 6 Days
	Pensionable Salary	Rs 5109/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5109/- X 11 years Present Service+2 years weightage service

=Rs 1207/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 47 years.

58 years – 47 years = 11 years

Therefore factor shown in the Table B at the column “less than 11 years 2.720 is applicable. Since the past service of Complainant is 13 years, multiplier 95 is applicable.

2.720 x 95 = 258.4/-.

Rs 1207/- + 258.4/- =1465.4/-

Entitled amount Rs 1465.4/-

Paid amount Rs 893/-

Difference Rs 572.4/-

From 23/06/2006 to 23/02/2016 = 121 months

572.4 X 121 Months = 69260/-

Rs 69260/-+ 12% interest p.a.i.e Rs 51945/- = 121205/-

Memo of Calculation in C.C.No.30/2016

Sl No
	PPO No
	Name of the Member	Shri Mahantayya S/o Irasangayya Konnur
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	10 Years
	Present Service Period	13 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of Complainant is 10 years, multiplier 85 is applicable.

3.292 x 85 = 280/-.

Rs 1393/- + 280/- =1673/-

Entitled amount Rs 1673/-

Paid amount Rs 1209/-

Difference Rs 464/-

From 01/06/2008 to 01/03/2016 = 93 months

464 X 93 Months = 43152/-

Rs 43152/-+ 12% interest p.a.i.e Rs 28768/- = 71920/-

Memo of Calculation in C.C.No.49/2016

Sl No
	PPO No
	Name of the Member	Shri Mehaboobdual S/o Aminuddin Kotwal
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	53 Years
	Age as on 16-11-1995	44 Years
	Pay as on 15-11-1995	Rs 5000/-
	Past Service Period	23 Years
	Present Service Period	09 Years
	Pensionable Salary	Rs 6360/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6360/- X 9 years Present Service+2 years weightage service

=Rs 1021/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 44 years.

58 years – 44 years = 14 years

Therefore factor shown in the Table B at the column “less than 14 years 3.621 is applicable. Since the past service of Complainant is 23 years, multiplier 170 is applicable.

3.621 x 170 = 616/-.

Rs 1021/- + 616/- =1637/-

Entitled amount Rs 1637/-

Paid amount Rs 1189/-

Difference Rs 448/-

From 27/10/2004 to 27/02/2016 = 136 months

448 X 136 Months = 60928/-

Rs 60928/-+ 12% interest p.a.i.e Rs 60928/- = 121856/-

Memo of Calculation in C.C.No.74/2016

Sl No
	PPO No
	Name of the Member	Shri Maliksab S/o Aminasab Banadar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	53 Years
	Age as on 16-11-1995	44 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	30Years
	Present Service Period	14 Years
	Pensionable Salary	Rs 6354/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6354/- X 14 years Present Service+2 years weightage service

=Rs 1486/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 44 years.

58 years – 44 years = 14 years

Therefore factor shown in the Table B at the column “less than 14 years 3.621 is applicable. Since the past service of Complainant is 30 years, multiplier 170 is applicable.

3.621 x 170 = 616/-.

Rs 1486/- + 616/- =2102/-

Entitled amount Rs 2102/-

Paid amount Rs 1660/-

Difference Rs 442/-

From 04/06/2009 to 04/03/2016 = 85 months

442 X 85 Months = 37570/-

Rs 37570/-+ 12% interest p.a.i.e Rs 21916/- = 59486/-

Memo of Calculation in C.C.No.75/2016

Sl No
	PPO No
	Name of the Member	Shri Gundappa S/o Hanamant Joteppanavar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	57 Years
	Age as on 16-11-1995	43 Years
	Pay as on 15-11-1995	Rs 3702/-
	Past Service Period	20 Years
	Present Service Period	14 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 14 years Present Service+2 years weightage service

=Rs 1486/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of Complainant is 20 years, multiplier 135 is applicable.

3.983 x 135 = 538/-.

Rs 1486/- + 538/- =2024/-

Entitled amount Rs 2024/-

Paid amount Rs 1726/-

Difference Rs 298/-

From 31/12/2009 to 01/06/2016 = 78 months

298 X 78 Months = 23244/-

Rs 23244/-+ 12% interest p.a.i.e Rs 13559/- = 36803/-

Memo of Calculation in C.C.No.112/2016

Sl No
	PPO No
	Name of the Member	Shri Mallappa S/o Irayya Magadal
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	21 Years
	Present Service Period	12 Years 6 Months 15 Days
	Pensionable Salary	Rs 6495/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6495/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of Complainant is 21 years, multiplier 170 is applicable.

3.292 x 170 = 560/-.

Rs 1393/- + 560/- =1953/-

Entitled amount Rs 1953/-

Paid amount Rs 1859/-

Difference Rs 94/-

From 01/06/2008 to 01/02/2016 = 104 months

94 X 104 Months = 9776/-

Rs 9776/-+ 12% interest p.a.i.e Rs 6520/- = 16296/-

Memo of Calculation in C.C.No.113/2016

Sl No
	PPO No
	Name of the Member	Shri Amarayya S/o Shivabasayya Goudar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	21 Years
	Present Service Period	12 Years
	Pensionable Salary	Rs 6499/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6499/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of Complainant is 21 years, multiplier 170 is applicable.

3.292 x 170 = 560/-

Rs 1393/- + 560/- = 1953/-

Entitled amount Rs 1953/-

Paid amount Rs 1860/-

Difference Rs 93/-

From 01/06/2008 to 01/02/2016 = 104 months

93 X 104 Months = 9672/-

Rs 9672/-+ 12% interest p.a.i.e Rs 6448/- = 16120/-

Memo of Calculation in C.C.No.114/2016

Sl No
	PPO No
	Name of the Member	Shri Basavaraj S/o Gurunathgouda Patil
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	57 Years
	Age as on 16-11-1995	42 Years
	Pay as on 15-11-1995	Rs 2000/-
	Past Service Period	16 Years 5 Months 27 Days
	Present Service Period	14 Years
	Pensionable Salary	Rs 6429/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6429/- X 15 years Present Service+2 years weightage service

=Rs 1579/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 42 years.

58 years – 42 years = 16 years

Therefore factor shown in the Table B at the column “less than 16 years 4.381 is applicable. Since the past service of Complainant is 17 years, multiplier 120 is applicable.

4.381 x 120 = 526/-.

Rs 1579/- + 526/- = 2105/-

Entitled amount Rs 2105/-

Paid amount Rs 1688/-

Difference Rs 417/-

From 02/11/2010 to 02/02/2016 = 75 months

417 X 75 Months = 31275/-

Rs 31275/-+ 12% interest p.a.i.e Rs 15637/- = 46912/-

Memo of Calculation in C.C.No.115/2016

Sl No
	PPO No
	Name of the Member	Shri Makbulsab S/o Maiboobsab Soudagar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	42 Years
	Pay as on 15-11-1995	Rs 3437/-
	Past Service Period	21 Years
	Present Service Period	16 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 16 years Present Service+2 years weightage service

=Rs 1671/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 42 years.

58 years – 42 years = 16 years

Therefore factor shown in the Table B at the column “less than 16 years 4.381 is applicable. Since the past service of Complainant is 21 years, multiplier 170 is applicable.

4.381 x 170 = 745/-.

Rs 1671/- + 745/- = 2416/-

Entitled amount Rs 2416/-

Paid amount Rs 1881/-

Difference Rs 535/-

From 31/05/2011 to 01/06/2016 = 60 months

535 X 60 Months = 32100/-

Rs 32100/-+ 12% interest p.a.i.e Rs 13375/- = 45475/-

Memo of Calculation in C.C.No.119/2016

Sl No
	PPO No
	Name of the Member	Shri Virupaxalingappa S/o Solabanna Pattanad
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	52 Years
	Age as on 16-11-1995	38 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	14 Years
	Present Service Period	13 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 38 years.

58 years – 38 years = 20 years

Therefore factor shown in the Table B at the column “less than 20 years 6.414 is applicable. Since the past service of Complainant is 14 years, multiplier 105 is applicable.

6.414 x 105 = 673.47/-.

Rs 1393/- + 673.47/- = 2066.47/-

Entitled amount Rs 2066.47/-

Paid amount Rs 1704/-

Difference Rs 362.47/-

From 28/02/2009 to 28/04/2016 = 86 months

362.47 X 86 Months = 31172.42/-

Rs 31172.42/-+ 12% interest p.a.i.e Rs 18186/- = 49358.42/-

Memo of Calculation in C.C.No. 122/2016

Sl No
	PPO No
	Name of the Member	Shri Irappagouda S/o Mudakappagouda Patil
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	43 Years
	Pay as on 15-11-1995	Rs 1000/-
	Past Service Period	15 Years 11 Months 12 Days
	Present Service Period	14 Years 11 Months 16 Days
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 15 years Present Service+2 years weightage service

=Rs 1579/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years = 3.983 is applicable. Since the past service of Complainant is 16 years, multiplier 120 is applicable.

3.983 x 120 = 478/-.

Rs 1579/- +478/-= 2057/-

Entitled amount Rs 2057/-

Paid amount Rs 1732/-

Difference Rs 325/-

From 01/11/2010 to 01-02-2016 = 75 months

325 X 75 Months = 24375

Rs 24375/- + 12% interest p.a.i.e Rs 12187.50/- = 36562/-

Memo of Calculation in C.C.No. 124/2016

Sl No
	PPO No
	Name of the Member	Shri Thavarappa S/o Husanappa Lamani
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	43 Years
	Pay as on 15-11-1995	Rs 3341/-
	Past Service Period	20 Years
	Present Service Period	14 Years
	Pensionable Salary	Rs 6352/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6352/- X 14 years Present Service+2 years weightage service

=Rs 1486/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years

Therefore factor shown in the Table B at the column “less than 15 years = 3.983 is applicable. Since the past service of Complainant is 20 years, multiplier 135 is applicable.

3.983 x 135 = 538/-.

Rs 1486/- +538/-= 2024/-

Entitled amount Rs 2024/-

Paid amount Rs 1699/-

Difference Rs 325/-

From 27/04/2010 to 27-08-2016 = 76 months

325 X 76 Months = 24700

Rs 24700/- + 12% interest p.a.i.e Rs 12350/- = 37,050/-

Memo of Calculation in C.C.No.125 /2016

Sl No
	PPO No
	Name of the Member	Shri Siddanagouda S/o Hanamanthagouda Patil
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	41 Years
	Pay as on 15-11-1995	Rs 2914/-
	Past Service Period	11 Years
	Present Service Period	17 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 17years Present Service+2 years weightage service

=Rs 1764/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 41 years.

58 years – 41 years = 17 years.

Therefore factor shown in the Table B at the column “less than 17 years 4.819 is applicable. Since the past service of complainant is 11 years,multiplier 85 is applicable.

4.819 x 85 = 410/-

Rs 1764/- + 410 =Rs 2174/-

Entitled amount Rs 2174 /-

Paid amount Rs 1903/-

Difference Rs 271/-

From 01-12-2012 to 01/06/2016 = 42 months

271 X 42 Months = 11382

Rs 11382/- + 12% interest p.a.i.e Rs 2845/- = 14,227/-

Memo of Calculation in C.C.No.126 /2016

Sl No
	PPO No
	Name of the Member	Shri Basavaraj S/o Sangayya Patil
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2501/-
	Past Service Period	13 Years
	Present Service Period	12 Years 2 Months 19 Days
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years =3.292 is applicable. Since the past service of complainant is 13 years, multiplier 105 is applicable.

3.292 x 105 = 346/- .

Rs 1393+346 = 1739/-

Entitled amount Rs 1739/-

Paid amount Rs 1460/-

Difference Rs 279/-

From 01/03/2008 to 01/02/2016 = 97 months

279 X 97 Months = 27063/-

Rs 27063/- + 12% interest p.a.i.e Rs 18042/- = 45,105/-

Memo of Calculation in C.C.No.146 /2016

Sl No
	PPO No
	Name of the Member	Shri Hanamanthappa S/o Yamanappa Malled
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	56 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 416/-
	Past Service Period	13 Years
	Present Service Period	10Years
	Pensionable Salary	Rs 2591/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

2591/- X 10 years Present Service+2 years weightage service

=Rs 1114/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years.

Therefore factor shown in the Table B at the column “less than 13 years = 3.292 is applicable. Since the past service of complainant is 13 years, multiplier 95 is applicable.

3.292 x 95 = 313/-

Rs 1114+313 = 1427

Entitled amount Rs 1427

Paid amount Rs 885

Difference Rs 542

From 30-04-2006 to 30-08-2016 = 124 months

542 X 124 Months = 67208/-

Rs 67208/- + 12% interest p.a.i.e Rs 56010/- = 1,23218/-

Memo of Calculation in C.C.No.147/2016

Sl No
	PPO No
	Name of the Member	Shri Rajesab S/o Gudusab Walikar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	54 Years
	Age as on 16-11-1995	43 Years
	Pay as on 15-11-1995	Rs 1279/-
	Past Service Period	15 Years
	Present Service Period	10 Years
	Pensionable Salary	Rs 2481/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

2481/- X 10 years Present Service+2 years weightage service

=Rs 1114/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years.

Therefore factor shown in the Table B at the column “less than 15 years= 3.983 is applicable. Since the past service of complainant is 15 years, multiplier 95 is applicable.

3.983 X 95 =378.38/-

Rs 1114+ 378.38= 1492.38/-

Entitled amount Rs 1492.38/-

Paid amount Rs 860/-

Difference Rs 632.38/-

From 01/05/2006 to 01-06-2016 = 121months

632.38 X 121 Months = 76518/-

Rs 76518/- + 12% interest p.a.i.e Rs 63765/- = 140,283/-

Memo of Calculation in C.C.No. 148/2016

Sl No
	PPO No
	Name of the Member	Shri Bapusab S/o Dastagirsab Walikar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	49 Years
	Age as on 16-11-1995	38 Years
	Pay as on 15-11-1995	Rs 2000/-
	Past Service Period	13 Years
	Present Service Period	10 Years
	Pensionable Salary	Rs 1329/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

1329/- X 10 years Present Service+2 years weightage service

=Rs 1114/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 38years.

58 years – 38 years = 20 years.

Therefore factor shown in the Table B at the column “less than 20 years = 6.414 is applicable. Since the past service of complainant is 13 years, multiplier 95 is applicable.

6.414 x 95 = 609.33/-

Rs 1114+ 609.33 = 1723.33 /-

Entitled amount Rs 1723.33/-

Paid amount Rs 877/-

Difference Rs 846.33/-

From 08-02-2006 to 08-08-2016 = 126 months

846.33 X 126 Months = 1,06637.58/-

Rs 1,06637.58/- + 12% interest p.a.i.e Rs 8886.46/- = 1,95502/-

Memo of Calculation in C.C.No. 202/2016

Sl No
	PPO No
	Name of the Member	Shri Kanakappa S/o Govindappa Dasar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	41 Years
	Pay as on 15-11-1995	Rs 2999/-
	Past Service Period	12 Years
	Present Service Period	17 Years
	Pensionable Salary	Rs 6500/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 17 years Present Service+2 years weightage service

=Rs 1764/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 41 years.

58 years – 41 years = 17 years.

Therefore factor shown in the Table B at the column “less than 17 years 4.819 is applicable. Since the past service of complainant is 12 years, multiplier 105 is applicable.

4.819 x 105 = 506/-

Rs 1764+ 506 = Rs 2270 /-

Entitled amount Rs /-2270

Paid amount Rs 1902/-

Difference Rs 368/-

From 31/05/2012 to 01/01/2016 = 53 months

368 X 53 Months = 19504/-

Rs 19504/- + 12% interest p.a.i.e Rs 6501/- = 26,002/-

Memo of Calculation in C.C.No. 222/2016

Sl No
	PPO No
	Name of the Member	Shri Parappa @ Irappa S/o Laxmappa Pattar
	Date of Birth
	Date of Joining EPF
	Date of Exit
	Age at Exit	58 Years
	Age as on 16-11-1995	45 Years
	Pay as on 15-11-1995	Rs 2499/-
	Past Service Period	18 Years
	Present Service Period	13 Years
	Pensionable Salary	Rs 6286/-

Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6286/- X 13 years Present Service+2 years weightage service

=Rs 1393/-

Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years.

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of complainant is 18 years, multiplier 120 is applicable.

3.292 x 120 = 395.04/-

Rs 1393+ 395.04 = 1788.04 /-

Entitled amount Rs 1788.04/-

Paid amount Rs 1473/-

Difference Rs 315.04/-

From 31/05/2008 to 31/08/2016 = 99 months

315.04 X 99 Months = 31185/-

Rs 31185/- + 12% interest p.a.i.e Rs 20792/- = 51977/-

3) a) Op No 1 is the main contesting party in all the cases, Op No 1 Counsel filed Vakalatanama and submitted orally all these cases filed appeal in the Karnataka state consumer Disputes Redressal Commission, Bangalore for the purpose of transfer these cases. But Opponent has not filed either appeal copy or Stay copy this forum have to give sufficient time to opponent for produce the said copies then forum have to conclusion that op No 1 Objection not filed and evidence taken as nil

3b) Op No 2 state that the undisputed fact are that all the complainants were the employees of Op No 2 and during their employment they became the members of 1971 scheme and making contribution and after enforcement of 1995 scheme they continued to be the members by making the monthly contribution and now they have retired from service and Op No 1 has determined the pension payable to them. That after the retirement of the complainants from the services, the Op No 2 has submitted all necessary service particular of the complainant to the office of the Op No 1.Hence has prayed for the complaints against this Opponent may kindly be dismissed with cost.

4) Complainant has filed affidavit in lien of evidence and he has also produced some documents as per Annexure which are common and undisputed one therefore there is no need to go in-detail about the documents.

Heard arguments of both the sides.

5) Now the points that arise for our consideration are;

Whether the complainants are entitled to the relief as is

Sought for?

What Order?

Answers to the above Points:-

Affirmative.
As per final order.

R E A S O N S

6) Point No 1:-

In all the cases the opposite party is one and the same though the complainants are different from one case to the other. The subject matter, the question of law and facts involved are one and the same. In order to avoid repetition of the facts and reasons and also to save the time we have taken up all the complaints together for passing common order as follows:-

That the Op No 1 has submitted orally all these cases filed appeal in the Karnataka state consumer Disputes Redressal Commission, Bangalore. But Opponent has not filed either appeal copy or Stay copy this forum have to give sufficient time to opponent for produce the said copies then forum have to conclusion that Op No 1 Objection not filed and evidence taken as nil

First of all we have to consider as to whether the service given by op No 1 is a service as is defined U/sec 2(1)(o) of the Act and as to whether the complainants are the Consumers U/sec 2(1) (d) (ii) of the Act. In this regard we would like to refer the decision of the Hon’ble Supreme Court of India reported in 2008 CTJ 563 (Between Regional Provident Fund Commissioner V/s Bhavani wherein it has been held as under;

“The Regional Provident Fund Commissioner, who has been made responsible for working of the Employees Pension Scheme,1995 is a Service giver within the meaning of section 2 (1)(o) of the consumer Protection Act and the Pensioner availing his services comes squarely under the definition of “consumer” under its Section 2(1)(d)(ii)”. Therefore, we have no hesitation to hold that all the complainants are the Consumers U/Sec 2(1)(d)(ii) of the Act and the service given by the Op No 1 is a service U/Sec2(1)(o) of the Act.

Further observed that, the period of limitation starts from the date on which the pensioners came to know that the pension that is being fixed/paid by the Op No 1 is erroneous. That means, when there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge not otherwise. When there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge. Therefore, the I.A. filed by the complainants in all the cases hereby allowed and we hold that there is no delay and question of limitation does not arise.

No doubt those, the Complainants in all these cases are the former employees of KSRTC, Bagalkot Cement Co Ltd, Hatti Gold Mines, Co Ltd, and after serving the above for a good number of years who retired from the service on attaining their age of superannuation. While they are in service, provident fund amount was being deducted out of the salary of the Complainants.

The interpretation of Para 12(4) (a) and (b) and Para 12(4) of 1971 scheme was considered by Hon’ble High Court of Karnataka in a case of K. Chennakesavalu V/s The Employee Provident Fund organization, Rep by its Commissioner, New Delhi and others in a case reported in ILR 2004 KAR 2859 and the Hon’ble High Court of Karnataka has held as under;

“In so for as past service in terms of Para 12 (4) (b) it provides for a minimum of Rs 600/- per month. It cannot be forgotten that Para 12 (4) (b) has to be read in the light of the main provision i.e.12 (4) itself. Para 12(4) provides for retirement benefits being equal to an aggregate of pension.”

As per the Paragraph No.10(2) of Employees Pension Scheme 1995 , it is necessary to give two years of weightage to the members who supernature on attaining the age of 58 years and who has rendered more than 20 pensionable service or more.

Further we noticed that, complainants in all the cases have put in more than 20 years of service and they are entitled for weightage of two years and the same not considered by the opposite party No 1.

On scrutiny of the material evidence available on record, we find that, admittedly the complaints were the employees of the KSRTC and some are Cement Factory, Hatti Gold Mines,and other employees now all are retired from service either on superannuation or voluntarily.

In view of the above discussion, we hold that, the scheme 1995 is very clear and the law laid by the Hon’ble National commission and The Hon’ble state commission, Hon’ble District forum judgments, at the same time the Hon’ble Supreme court of India also considered the same issue. However, we find that, the Op No 1 despite of holding many number of judgments in their hand forced these senior citizens i.e., National Consumer Disputes Redressal commission New Delhi 2010 (3) CPR page No 45, Supreme court page 3828,AIR 2008 Supreme court page 2957, III 2013 CPJ 244 (NC), copy of State Commission judgments, New Delhi II (2014) CPJ Page No 570 (NC). I (2008) CPJ Page 306 (NC) Provident Fund Commissioner V/s Sulekha National Consumer Disputes Redressal Commission, for that the op No 1 shall pay adequate compensation by way of interest. The Complainant is entitled for the interest on arrears at the rate of 12% p.a. in these cases the Hon’ble National Commission held that under the provision of the Employees pension Scheme 1995 it is mandatory to impose interest at the rate of 12% p.a. By considering the age of the Complainants and also the inconvenience caused to them for all these years, we hereby directed the Op No 1 as follows:-

The Op No 1 i.e. Asst. Provident fund commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in complaint are entitled for the benefit of minimum pension calculated with reference to para 12 and Table-B shown in the Employees’ pension Scheme 1995. The Hon,ble high court considered the similar facts of an employee directed the provident fund commissioner to correct the error. The above observation supported by the observation made by the Hon,ble High court of Karnataka in case K.Channakesavalu Versus the Employees provident Fund Organization represented by its commissioner, New Delhi and Others (ILR 2004 Kar 2859), wherein held that the pensioner are entitled for two years weightage under 10 (2) each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each Complainant along with arrears of pension with interest at the rate 12% per annum and also directed to the Op No 1 to give annual reliefs as per paragraph 32 of the scheme 1995 to all the Complainants from the respective due date along with the interest at 12 % per annum. Apart from the above the Op No 1 is hereby directed to pay Rs 2000/- each to the Complainant in all the cases towards cost of the litigation expenses payment shall be made within 60 days from the receipt of this order.

With this we answer point No 1 Affirmative

As per as Op No 2 is Concerned there is no deficiency and hence the complainant against Op No 2 is hereby dismissed.

In the present case, interest considered by this forum itself is compensation and therefore, no separate amount for compensation is awarded

7) Point No 2:- In the result, we proceed to pass the following:-

C.C.No: 10, 11, 13, 14, 15, 29, 30, 49, 74, 75, 112, 113, 114, 115, 119, 122, 124, 125, 126, 146 to 148, 202, 222 of 2016 are hereby allowed partly.

I) The Op No 1 i.e., Asst. Provident Fund Commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each complainants along with arrears of pension with interest at the rate of 12% per annum.

II) And also directed to the Op No 1 to give annual relief as per paragraph 32 of the scheme 1995 to all the complainants from the respective due date along with interest at 12% per annum.

III) Apart from the above Op No 1 is hereby directed to pay
Rs 2,000/-each to the complainant in all the cases towards cost of the litigation expenses, and mental agony. Payment shall be made within 2 months from the receipts of this order.

IV) Complaints against Op No 2 and Op No 3 are hereby dismissed.

V) Keep the original orders in complaint No 10/2016 and copy in other connected cases and Opposite Party in all the cases are common. Since the complaints are 24 Nos., both the counsels are directed to receive the certified copies instead of free copies in order to save time.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 11^th day of August 2017)

(Smt.Sharada.K)

President.

(Smt.Sumangala.C. Hadli) (Shri S.D.Kadi)

Lady Member. Member.

ANNEXURE

Witnesses Examined on behalf of the complainants:-

1)Shri Noormahamad S/o Mahamadyusuf Kochaman
2)Shri Hasan @ Hasanasab S/o Khadirsab Muchali

3) Shri Chandrashekhar S/o Maharudrappa Pattar

4) Shri Veerappa S/o Basappa Idarmani

5) Shri Chandrashekhar S/o Sangayya Hiremath

6) Vaman S/o Karabasappa Baratakke

7) Mahantayya S/o Irasangayya Konnur

8) Shri Mehaboobdaul S/o Aminuddin Kotwal

9) Shri Malikasab S/o Aminasab Banadar

10) Shri Gundappa S/o Hanamanth Joteppanavar

11) Sri.Mallappa S/o Irappa Magadal

12) Sri.Amarayya S/o Shivabasayya Goudar

13)Shri Basavaraj S/o Gurunathgouda Patil

14)Shri Makbulsab S/o Mahiboobsab Soudagar

15) Shri Virupaxalingappa S/o Solabanna Pattanad

16) Shri Irappagouda S/o Mudkappagouda Patil

17) Shri Thavarappa S/o Husanappa Lamani

18)Shri Siddanagouda S/o Hanamanthagouda Patil

19) Shri Basavaraj S/o Sangayya Patil

20) Shri Hanamathappa S/o Yamanappa Malled

21) Shri Rajesab S/o Gudusab Walikar

22) Shri Bapusab S/o Dastagirasab Walikar

23) Shri Kanakappa S/o Govindappa Dasar

24) Shri Parappa @ Irappa S/o Laxmappa Pattar

Documents produced on behalf of the Complainant in complaint No 10 of 2016.

Ex C1:-True Copy of Copy of pension payment order issued by the Op No 1
Xerox Copy of Copy of Representation
Ex C2:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 11 of 2016.

1) Ex C1:-True Copy of Copy of pension payment order issued by the Op No 1

2) Xerox Copy of Copy of Representation

3) Ex C2:- Postal Receipts

4) Ex C3:- Postal acknowledgement

Documents produced on behalf of the Complainant in complaint No 13 of 2016.

Ex C1:-True Copy of Copy of pension payment order issued by the OpNo1
Ex C2:-office Copy of Acknowledged copy of Representation
Ex C3:- Postal Receipts

Documents produced on behalf of the Complainant in complaint No 14 of 2016.