Karnataka

StateCommission

A/1430/2019

A.T.Manjunath - Complainant(s)

Versus

The Regional Provident Fund Commissioner - Opp.Party(s)

D.V.Laxminarayana

22 Aug 2023

ORDER

Date of Filing :11.11.2019

               Date of Disposal:22.08.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:22.08.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.1430/2019

 

 

Mr A T Manjunath

S/o Late Thammaiah,

Aged 64 years,

Residing Near Govt. Higher Primary School

2^nd Cross, Khadripura

Kolar-563 101                                                               Appellant

(By Mr D V Lakshminarayana, Advocate)

 

-Versus-

 

Regional Provident Fund Commissioner
Employees Provident Fund Organization,

No.F2-8, NFU Block, ITI Campus,

Dooravaninagar, K R Puram,

Bengaluru – 560 016                                                       Respondent
(By Mrs Nalini Venkatesh, Advocate)

 

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by the Complainant, aggrieved by the Order dated 30.09.2019 passed in Complaint No.32/2019 on the file of District Consumer Disputes Redressal Forum, Kolar (for short, the District Forum).

 

2.       Heard the arguments of the Learned Counsel for Respondent.  Neither the Appellant nor his Counsel on Record appeared and hence, his arguments is taken as heard.

3.       The District Forum after enquiring into the matter on IA No.1filed by the Complainant for condonation of delay, has Dismissed the Complaint on the ground of delay, under Section 24 of CP Act and consequently, dismissed the complaint.

 

4.       Being not satisfied with the Order of the District Forum, Complainant is in Appeal, seeking to set aside the Impugned Order by allowing the Appeal.

5.       Perused the Impugned Order and the Grounds of Appeal.  

6.       During the course of arguments, the counsel for Respondent in support of her submission filed written arguments of the Respondent.  On perusal of the Written Arguments of the Respondent in Para 4 & 7, the Appellant has stated that for his service rendered during the period 19.11.2006 to 31.05.2011, the following sums have been remitted to PF account PY:KRP:19427:35 -

On 04.08.2014 - Rs.2,53,925/- ;

On 28.03.2011 – Rs24,876/- ;

On 03.05.2014 – Rs 2,88,001/- ;

Further in Para 8 stated that, matter pertaining to Payment of Pension on higher salary, exercise of Joint Option by the Employee and the Employer is necessary as per Para 11(3) of EPS 1995 & Para 26(6) of EPF scheme 1952.

7.       It is the case of the complainant that he is the employee of PCA & RD Bank and retired from the service on attaining the age of Superannuation by rendering service from 01.07.1974 to 31.12.2014.  The allegation of the Complainant is that after his retirement, he has received a sum of Rs.9,15,034/- from OP and a sum of Rs.1,18,545/- is due to be payable by OP. Therefore, the Complainant approached the OP on 03.10.2016 & on 28.03.2019 and requested for payment of due amount and since OP failed to pay the said amount, he got issued a Legal Notice on 11.04.2019 and inspite of its due service, OP failed to comply with the demands made there in and hence he filed his Complaint before the District Forum.  

8.       The District Forum Dismissed the Complaint on the ground that the Office had pointed out that there is an inordinate delay of 6 years and 4 months in filing the Complaint and the IA-1 filed by the Complainant does not disclose how many days of delay has occured in filing the Complaint.  

9.       In the light of the foregoing, it is relevant to make mention of the fact that the Date on which the Pensioner comes to know that the pension that is being paid to him has not been properly fixed or paid, has to be reckoned as the Date of occurrence of Cause of Action, so as to maintain the Compliant.  Further, the payment of Pension falls under the category of Continuing &Recurring Cause of Action.  In this regard, it is to rely upon the decision of the Hon’ble Apex Court reported in 2022 Live Law SC 537, decided on 20.05.2022, in Civil Appeal No.4100 of 2022 in the case of Sri M L Patil (dead) through LRs Vs the State of Goa and another, wherein, in Para 3 of the Judgement, it was held that -

“The High Court has erred in observing that the Appellant will not be entitled to any arrears of pension and the pension at the revised rates will become payable only from 1^st January 2020.  As such, the High Court may be right and/or justified in denying any salary for the period of two extra years to the writ Petitioners if they would have continued in service on the ground of delay.  However, as far as the pension is concerned, it is a continuous cause of action.  There is no justification at all for denying the arrears of pension as if they would have been retired/superannuated at the age of 60 years.  There is no justification at all by the High Court to deny the pension at the revised rates and payable only from 1^st January, 2020”

Thus the said decision in the instant matter is aptly applicable.

10.     It is also observed that in the instant case, the Complainant has filed the Complaint, only when he came to know that there is due of payment of pension by OP.  Further, for redressal of his grievance, he approached the OP on 03.10.2016 & 28.03.2016, besides, a Legal Notice of 11.04.2019 was served on the OP.  In the circumstances, the Impugned Order does call for our interference. Accordingly, Appeal is allowed.  Consequently, the Impugned Order dated 30.09.2019 passed in Complaint No.32/2019 on the file of District Consumer Disputes Redressal Forum, Kolar is hereby set aside and matter is remanded to the District Commission for reconsidering of the case afresh affording an opportunity to both the parties for adducing additional documents, if any and decide the matter in accordance with Law within three months from the Date of this Order.

 

11.     Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

 

                                                                      President

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