Karnataka

Kolar

CC/28/2017

A.T.Manjunath s/o late Thammaiah - Complainant(s)

Versus

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

D V Laksminarayan

24 Oct 2017

ORDER

Date of Filing: 03/04/2017

Date of Order: 24/10/2017

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 24^TH DAY OF OCTOBER 2017

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

 

CONSUMER COMPLAINT NO.28 OF 2017

Sri. A.T. Manjunatha,

S/o.Late Thammaiah,

No.33/3, Gowripet,

Bangarpet Main Road,

Kolar Town.                                                        ….  COMPLAINANT.

(Rep. by Sri.D.V.Laxminarayana, Advocate)

 

- V/s -

The Regional Provident Fund

Commissioner, Employees Provident

Fund Organization and Sub Regional

Office, NH-4, Old Madras Road,

K.R. Puram, BANGALORE-560 036.

 

(Rep. by Sri. Jayaprakash, Enforcement Officer,

Employees Provident Fund Organization, Kolar.)     …. OPPOSITE PARTY.

 

-: ORDERS:-

BY SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

01.   The complainant has filed this complaint against the OP Under Section 12 of the Consumer Protection Act, 1986 praying to direct the OP to re-fix the pension by taking consideration of 02 years weightage along with interest @ 18% pa and compensation of Rs.15,000/- for the mental agony as well as costs of Rs.5,000/-.

 

02.   The facts in brief:-

(a)    The complainant submitted that, on 01.07.1974 complainant joined for service as an Typist in Narasimharajapura PCA & RD Bank and after completion of 39 years of his service, on 31.12.2014 he got retired from his service (on attaining the age of 60 years i.e., superannuation).  The complainant further submitted that, as per the EFPS act 1971 from 01.07.1974 till retirement the employer of the complainant has deducted the provident fund amount from the complainant’s every month salary and has deposited the same in Provident Fund code No.19427/35 belongs to the complainant. And as per the statement given by the OP the PF scheme of the complainant was started from 01.01.1991 to 58 years i.e., till 31.12.2012 which comes to 21 years 11 months 30. 

 

(b)    Further complainant submitted that, as per the Provident Fund Act, 1952 and as per the letter bearing No.1/3(4)16/7915, dated: 25.07.2016 issued by the Employees’ Provident Fund Organization, New Delhi, those who serves for more than 20 years of qualified service is entitled for 02 years of weightage while calculating the pension benefits.  But without considering 02 years of weightage and though the complainant has served for 21 years 11 months 30 days of service the OP had calculated the pension amount.  On 11.02.2015 the OP by considering 39 years of complainant’s service had deposited Rs.9,15,034/- towards all the incentives i.e., non-inclusive of pension amount to complainant’s SBM Account bearing No.64143822772. 

 

(c)    It is further contended that, as per the findings of the Hon’ble State Commission in Appeal Nos. 415/2008 to 419/2008 it is held that such cause of action is recurring, hence the complaint is in time.

 

(d)    So contending the present complaint has been submitted seeking above set out reliefs.

 

03.   In response to the notice issued by this Forum, one Sri.D.Jayaprakash, an Enforcement Officer of the OP appeared and represented the case on behalf of the OP and submitted a Memo of Submission on 20.06.2017.  In the Memo the OP has contended that,  the pension of the complainant has been settled and monthly pension of Rs.2,080/- has been sanctioned with 02 years weightage vide PPO No.PY/KRP/32866, dated: 25.05.2017.  The pension for the month of May-2017 of Rs.2,080/- and arrears up to April-2017 of Rs.1,09,269/- was already credited to the complainant’s bank account.  Hence there is no financial loss or any other loss caused to the complainant.  So contending, the OP has prayed for dismissal of the complaint in the interest of justice.  Along with the Memo the OP has submitted copy of the pension sanctioned order dated: 25.05.2017 along with pension papers i.e., part-I, part-II, pension payment order, pension worksheet Part-A, computation of pension Part-B and Part-C. 

 

04.   On 11.07.2017 the learned counsel appearing for complainant has submitted affidavit evidence of complainant along with Memo and documents.  On 24.07.2017 the OP has submitted affidavit evidence of one Mr.Amiya Bhaskar, S/o. Ashok Kumar Jha, Assistant Provident Fund Commissioner (Legal) of OP.

 

05.   On 21.08.2017 counsel appearing for complainant has submitted written arguments and on 04.09.2017 OP submitted its written arguments.  On 10.10.2017 counsel for complainant has also submitted copy of the Vijaya Karnataka news paper publication dated: 14.06.2016. Heard arguments of both sides.

 

06.   Therefore the points that do arise for consideration in the above case are:-

(A)  Whether the complainant has proved deficiency in service against the OP?

(B) Whether the complainant is entitled for the reliefs sought for ?

(C)  What order?

 

07.   Our findings on the above stated points are:-

POINT (A) & (B):      Partly in the Affirmative

 

POINT (C):               As per final order for

the following:-

 

REASONS

POINT (A) & (B):-

 

08.   Admittedly the complainant was an employee of PCA & RD Bank and retired from service on 31.12.2014.  It is the contention of the complainant that, the complainant served for 39 years in PCA & RD Bank.  As per Provident Fund Act, 1952, Employees Family Pension Scheme, 1971 and as per the Employees Pension Scheme, 1995 the complainant is eligible for 02 years of weightage benefits. The OP has given 02 years weightage and arrears amount of Rs.1,09,269/- to the complainant after filing of this complaint, but it had not given interest to the delayed payment.  Hence complainant seeking for 18% interest for the delayed payment of Rs.1,09,269/- along with Rs.15,000/- towards compensation and Rs.5,000/- costs.

 

09.   On perusal of the Memo and documents filed by the OP it is clear that, the OP has given 02 years weightage by fixing the monthly pension amount of Rs.2,080/- and paid the arrears amount of Rs.1,09,269/- up to April-2017.  But the OP has not produced any document to show that, it had given interest on the arrears.  As per the E.P.S 1995 at Para-17(A) the complainant is eligible for 12% interest for delayed payment.

 

Para-17(A) of the E.P.S. 1995 reads as here under:-

“17A. Payment of Pension:-

          The claims, complete in all respects submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within 30 days from the date of its receipt by the Commissioner.  If there is any deficiency in the claim, the same shall be recorded in writing and communicated to the applicant within 30 days from the date of receipt of such application.  In case, the Commissioner fails without sufficient cause to settle a claim complete in all respects within 30 days, the Commissioner shall be liable for the delay beyond the said period and penal interest at the rate of 12 per cent per annum may be charged on the benefit amount and the same may be deducted from the salary of the commissioner.” 

 

Admittedly the OP has given 02 years weightage along with arrears till April-2017 to the complainant.  The same was complied by the OP only after filing of this present complaint.  Hence we hold that, the OP is liable to make good of the mental agony suffered by the complainant.    Hence in our opinion, we direct the OP to pay compensation of Rs.5,000/- and litigation costs of Rs.3,000/- along with interest at the rate of 12% p.a. on the arrears of pension amount paid by the OP.  And accordingly we answered point (A) & (B) partly affirmative.

 

POINT (C)

10.   We proceed to pass the following:-

ORDER

01.   The complaint is allowed-in-part.

02.   The OP is directed to pay interest at the rate of 12% p.a. on the pension arrears paid by the OP from the date of retirement of the complainant till realization along with compensation of Rs.5,000/- and litigation charges of Rs.3,000/- to the complainant.

 

03    The OP is further directed to comply the above order within 30 days from the date of receipt/knowledge of this order.

 

04.   Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 24^th DAY OF OCTOBER 2017)

 

 

LADY MEMBER                                PRESIDENT