Karnataka

StateCommission

A/926/2023

M.A. Inbanathan - Complainant(s)

Versus

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

In Person

24 Nov 2023

ORDER

Date of Filing:13.02.2023

& 24.05.2023

Date of Disposal : 24.11.2023

 

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

 

DATED:24.11.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K BSANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL Nos.289/2023 & 926/2023

 

APPEAL No.289/2023

Hindustan Aeronautical Ltd.,

A company under the Companies Act, 1956

Having its Registered Office

at 15/1, Cubbon Road

Bengaluru-560 001

Represented by Shri D Deepak

Executive Director (HR)                                                          Appellant

(By Mr Keerthi kumar, Advocate)

 

-Versus-

 

1. Mr M A Inbanathan

    Major in Age

    R/o No.33/1-6, 2^nd Cross

    Thyagaraja Layout

    Maruthi Seva Nagar

    Bengaluru-560 033

    (In person)

 

2. The Regional Provident Fund Commissioner-II

    ‘Bhavishyanidhi Bhavan’

     No.13, Raja Ram Mohan Roy Road

     Post Box No.2594

     Bengaluru-560 025                                                     Respondents

     (By Mrs Nandita Haldipur, Advocate)                                                                          

                                                   -Versus-
APPEAL No.926/2023

Mr M A Inbanathan

75 years

No.33/1-6, 2^nd Cross

Thyagaraja Layout

Maruthi Seva Nagar

Bengaluru-560 033                                                             Appellant

(In person) 

-Versus-
 

1. The Regional Provident Fund Commissioner-II

    No.13, Raja Ram Mohan Roy Road

    P B No.2594

    Bengaluru-560 025                                                   

    (By Mrs Nandita Haldipur, Advocate)

 

2. The Chairman and Managing Director

    M/s Bharath Electronics Ltd.,

    Corporate Office

    Outer Ring Road, Vyalikaval

    HBCS Layout, Nagavara

    Bengaluru -560 045

    (By Mr G B Sharath Gowda, Advocate)

 

3. The Chairman and Managing Director

    Corporate Office        

    M/s Hindustan Aeronautics Ltd.,

    15/1, Cubbon Road

    Bengaluru-560 001                                                    Respondents

    (By Ms S Lakshmi, Advocate)

                                                         

:COMMON ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       These two Appeals are filed under Section 41 of Consumer Protection Act 2019, aggrieved by the Order dated 16.12.2022 passed in Consumer Complaint No.3284/2017 on the file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru (for short, the District Commission). Since the facts and law involved in all these cases are one & the same, they have been taken up together for consideration.

 

2.       Heard the arguments. Perused the Impugned Order and Grounds of Appeals. 

3.       The District Forum after enquiring into the matter, allowed the Complaint in part and directed the OPs 1 & 3 to make payment of arrears of Pension payable, with interest @ 6% p.a and regular payment of entitled monthly pension under EPFO Act.  Further directed OPs1 and 3 to pay Rs.25,000/- as compensation towards harassment and mental agony together with cost of litigation of Rs.5,000/- to the Complainant.    OPs 1 & 3 were also directed to comply with the Order within a period of one month, failing which the Complainant is also at liberty to file criminal case against OPs for the offense punishable under Section 72 of Consumer Protection Act.   The Complaint as against OP2 stands Dismissed.

4.       Aggrieved by this Order, OP3 preferred Appeal No.289/2023 and the Complainant had preferred Appeal No.926/2023.

5.       Perusal of the records reveals that the OP1-The Regional Provident Fund Commissioner had challenged the Impugned Order dated 16.12.2022 passed in Consumer Complaint No.3284/2017 on file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru in Appeal No.659/2023 and the same was allowed partly on 18.04.2023 which holds good in these 2 Appeal Nos.289/2023 and 926/2023, since the parties are same.

6.       In view of the aforesaid observations, Appeal No.289/2023 and 926/2023 are disposed of.

7.       Keep the Original of this Order in Appeal No.289/2023 and copy thereof, in Appeal No.926/2023.

8.       The statutory deposit in Appeal No.289/2023 is directed to be refunded to the Appellant on proper identification by his Advocate.

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

 

Lady Member                      Judicial Member                   President

*s