BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BAGALKOT

Date of Admission: 2-03-2015

                                  Date of Order         : 25-03-2017

                                 Consumer Complaint No: 15/2015  

PRESENT

1. Smt. K.Sharada  B.A.L.L.B. (Spl)                          : President
2. Smt. Sumangala Hadli   B.A.(Music)                     : Lady Member

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

COMPLAINANT

1) Shri Abudlakhadar S/o Dongrisaheb Alagur

    Age: 69 Years, Occ: Rtd KSRTC Employee

    R/o Muddebihal Dist: Vijayapur

                                                           (By Shri B.K.Patil Advocate)

                                                 V/s

OPPOSITE PARTIES

1) The Divisional Controller,

    N.W.K.R.T.C.Bagalkot

    Division,Office Navanagar

    Bagalkot.    

                                                            (By Shri. K.V.Kerur Advocate)

2) The Asst.Provident Fund Commissioner

    Sub-Regional Office,

    Vijanagar Colony Aland Road,

    Kalaburgi

                                                                    (By Smt J.V.Badami Advocate)

Speaking through Sri Shravanakumar.D.Kadi, Member

             Complainants is 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 Opponent to release the  monthly pension amount with accrued interest of 18% from the date retirement till realization, Rs 2,00,000/- towards Damages to the Complainant, and also award cost of Rs 50,000/-.

2. Brief facts of the case are as follows:-

      That the Complainant stated that  complainant was working as employee under Op No 1 in the Bagalkot Division and he was retired from the service on 11-07-2002. The complainant joined the services of the Op No 1 Corporation on 28-06-1972. That the Complainant joined services on 28-06-1972 and the central Govt has introduced the family pension scheme in the year 1971. He was a member of family pension scheme and his contribution was sent regularly to Op No 2. That the complainant stated that he had put in total 30 years service at Op No 1 he opted for VRS on medical grounds. Accordingly the Op No 1 has issued a reliving letter from his duties on 18-07-2002.  Accordingly Op No 1 had sent 10 (D) forms along with required documents to Op No 2’s office. But the said form has been rejected by Op No 2 with an endorsement letter dated 28-01-2005 putting so many quarries to the Op No 1. After receiving the letter dated 28-01-2005, the Op No 1 has hurriedly remitted an amount of Rs 13584/- and Rs 35822/- in that he has not properly mentioned that to whom that contribution belongs to. In that he has written that, as perform No 4-PS and certificated submitted by Op No 1 does not arise, because he joined the service on 28-06-1972. The member 7-PS i.e., detail of wages date of joining and from 28-06-1972 to 11-07-2002, where the contribution received the complainant has been deposited this clarification sought by the Op No 2 to Op No 1, but for this he has not been clarified. And requested the advocate to issue the legal notice to Op No 1 and 2 but they have not responded this amounts deficiency in service as 2(g) C.P. Act 1986. Due to this act of the Op’s the complainant suffered financial loss and mental agony and hence has prayed for allowing the complaint.

3. A) That the Op No 1 has appeared through the counsel and opposed the claim of the complainant by filing his written version wherein he has denied the allegations made by the complainant against him. But he has admitted complainant was appointed as driver on 29-06-1972 in Vijayapur division and he was deputed to muddebihal depot. Then the complainant continued in Bagalkot division and voluntarily retired from the services of our corporation with effect from 11-07-2002. Accordingly, E.P.S. Contribution of Rs 35822/- and interest of Rs 13,584/- was deducted from the Provident Fund of the said Abdulkhader S/o Dongresab Alagur and said amounts are remitted to Employees Provident Fund Organization on 12-02-2002 and 12-04-2004 respectively. That the Op No 1 has submitted all necessary service particulars of the Complainant to the Office of the Op No 2. That the Op No 1 has again furnished the requisite information to the Op No 2. It for the Op No 2 has to calculate the monthly pension payable to the Complainant and sanction the monthly pension as per the law to the Complainant. This Op No 1 is no way concerned to the calculation and sanction of the monthly pension payable to the Complainant. It is submitted that his written version there is no deficiency of service on the part of this Op No1.The complainant is not entitled to any relief etc., and hence has prayed for dismissal of the complainant with cost.

3B) That the Op No 2 has appeared through the counsel and opposed the claim of the complainant by filing his written version wherein he has denied the allegations made by the complainant against him. He has stated that  Complainant joined N.E.K.R.T.C.Vijayapur division on 28-06-1971 and left the service on 11-07-2002 before  attaining the age of 58 years as per the records submitted by the Op No 1. That the Op No 1 had remitted an amount of Rs 13854/- on 12-04-2002 and 35822/- on 12-04-2003 in account No 10. But it was not known to the Op No 2 , whether the amount pertains to the complainant or the other employees of the opponent No 1 and also not known on what basis the calculation were made by the Op No 1,that are remitted in account No 10. In order to process the claim form, Op No 2 had issued a letter dated 22-01-2016 to the Op No 1 to submit Sworn in affidavit duly signed by the Op No1 and notarized in Rs 100/- stamp paper, Claim form No 10D together required documents, Form No 7PS,8PS,4PS,5PS from date joining to date of leaving the service of the complainant, so as to enable the Op No 2 to verify the documents and release the monthly member pension to the complainant. It is submitted that his written version there is no deficiency of service on the part of this Op No2.and prayed for dropped from the case based on the information furnished above.

4.  Both the parties have filed affidavits in support of their cases. Affidavit filed on behalf of the complainant by name Shri Abdulakadar S/o Dongrisaheb Alagur and Opponent No 1has filed his affidavit by name Shri M.A.Hangal and additional affidavit of P.S.Haveri Divisional Controller N.W.K.R.T.C. Bagalkot and Opponent No 2 has filed his affidavit by name Shri D. Hanumanthappa Assistant Provident Fund Commissioner Raichur. Both the parties produced documents in Xerox copies.

5. Both the parties filed written arguments. Now the following points do arise for our consideration in deciding the case. They are;          

1. Whether the Op’s have rendered deficiency in service to the Complainant?

2. Whether the complainant is entitled to the relief as is sought for?
3. What Order?

Answer to the above points;

1.  Affirmative,
2. Partly Affirmative,
3. As per the final order
   5299419885.  

6 POINT NO 1:- In order to avoid repetition of the facts and reasons and also to save time, we take up the complaint for passing order as follows:-

 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 the complainant is 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.

       However, we have perused the entire records of both the parties and also heard the counsels for the parties in length, in view of above document this forum observed the following points :-

        Op No 1 stated that complainant was appointed as driver on 29-06-1972 in Vijayapur division and he was deputed to muddebihal depot. Then the complainant continued in Bagalkot division and voluntarily retired from the services of our corporation with effect from 11-07-2002.Accordingly, E.P.S. Contribution of Rs 35822/- and interest of Rs 13,584/- was deducted from the Provident Fund of the said Abdulkhader S/o Dongresab Alagur and said amounts are remitted to Employees Provident Fund Organization on 12-02-2002 and 12-04-2004 respectively. That the Op No 1 has submitted all necessary service particulars of the Complainant to the Office of the Op No 2. Accordingly Op No 1 had sent 10 (D) forms along with required documents to Op No 2’s office. But the said form has been rejected by Op No 2 with an endorsement letter dated 28-01-2005 putting so many quarries to the Op No 1. But Op No 1 produced Xerox copies of letter and other documents relating to 10 D Form, 4PS, & 5PS, revised form No 7 PS Bank A/c, Bank Channels.etc. Op No 2 has produced Xerox copies of letter corresponding to Op No 1 and also Complainant submitted that the Complainant had put in total 30 years service at Op No 1 he opted for VRS on medical grounds. Accordingly the Op No 1 has issued a reliving letter from his duties on 18-07-2002. Complainant producing a reliving letter from Op No 1 dated 18-07-2002 and also Complainant produced Xerox copies of Salary slips and produced letter from Op No 2 to Op No 1, Complainant produced legal notice dated 03-12-2014.

        On scrutiny of the material evidence available on record, we find that, it is the duty of the Op No 2 has to calculate the monthly pension payable to the Complainant and sanction the monthly pension as per the law to the Complainant. Op No 1 stated that E.P.S. Contribution of Rs 35822/- and interest of Rs 13,584/- was deducted from the Provident Fund of the said Abdulkhader S/o Dongresab Alagur and said amounts are remitted to Employees Provident Fund Organization on 12-02-2002 and 12-04-2004 respectively. If Op No 1 was not remitted the above amount to Op No 2 then it is the duty of the Op No 2 is recovery of the above amount from Op No 1 as per law. Therefore this is none other than deficiency in service rendered by the Op No 2.  Then Op No 1 is Discharge from liability of this case.  Hence we answer to point No 1 in affirmative.

7. POINT No 2:- Once the deficiency in service is provide, the next point is how much compensation complainant is entitled for? That the Op No 2 i.e., Asst.Provident Fund Commissioner, Regional office, Raichur is hereby directed to release the Monthly pension amount from the date of retirement till realization with accrued interest of 9% to the Complainant, towards mental agony of Rs 5,000/- and cost of the complaint is Rs 2000/-Hence, we answer Point No 2 partly in the affirmative.

8 POINT NO3:- In view of our findings to point No 1 and 2 we proceed to pass the following:-

    Complainant’s Complaint is allowed in part as follows:-

1. Op No 2 i.e., Asst.Provident Fund Commissioner, Regional office, Raichur is hereby directed to release the Monthly pension amount from the date of retirement till realization with accrued interest of 9% to the Complainant.
2.  Op No 2 have to pay towards mental agony of Rs 5,000/- and cost of the complaint is Rs 2000/-.
3. Op No 1 is Discharge from liability of this case.
4. The Op No 2 shall comply with this order within two months from the date of this order, failure of which shall carry an interest at the rate of 12% per annum from the date of retirement of the Complainants till complete realization.
5. Free copy of this order shall be sent to the parties immediately.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 25^th day of March 2017)

1. ANN