Karnataka

Kolar

CC/39/2016

Sri.P.Sanjivappa - Complainant(s)

Versus

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

Sri.D.V.Lashkhminarayana

01 Aug 2016

ORDER

  Date of Filing : 18.06.2016

  Date of Order : 01.08.2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

 

Dated 01^st  AUGUST 2016

 

 

 

PRESENT

 

Sri. N.B. KULKARNI, B.S.C., LLB, (Spl.)   ….              PRESIDENT

Sri. R. CHOWDAPPA, B.A., LLB               ....       MEMBER

Smt. A.C. LALITHA, BAL, LLB               ….       MEMBER

 

 

CC No. 39 / 2016

 

Sri. P. Sanjivappa,

S/o. Peddappaiah,

Aged 65 years,

Prashanth Nagara,

D.H. Road,

Chikkaballapur.

 

(By Sriyuths D.V. Lakshminarayana, Adv.)         ..….Complainant

 

V/s.

 

The Regional Provident

Fund Commissioner,

Old Madras Road,

K.R. Puram,

Bangalore.

 

 (Rep. by Sri Jayaprakash, Enforcement Officer,

Employees Provident Fund Organization, Kolar)    …… Opposite Party

 

 

ORDER

 

By Sri. N.B. KULKARNI,  PRESIDENT

 

This Complaint is filed by the Complainant against the OP U/s. 12 of the Consumer Protection Act 1986 praying to direct the OP to re-fix the pension by taking into consideration two years of weightage and compensation of Rs.10,000/- for mental agony as well costs of Rs.5,000/-. 

 

The facts in brief:

 

2. The complainant contends that he had joined for services on 05.06.1975 in PCA & RD Bank at Gudibande and after having served for 36 years in different branches on 31.05.2011 retired as a Manager of PCA & RD Bank, Branch Kolar, on account of superannuation.  

 

a) It is contended that after the retirement the OP vide P.P.O No. PY/KRP/19610 fixed monthly pension of Rs.1,674/-.    And that from 03.05.2009 the said pension is being credited in his S.B. Account No. 21855 of Canara Bank in Chikkaballapura Branch.

 

b) It is also contended that right from the beginning he has been contributing towards Provident Fund every month thus, for total duration of 36 years.    And that the OP by taking into consideration past and actual service of said 36 years ought to have taken into consideration weightage of two years as his such contribution was continually for twenty years as for the provisions of The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952.   And that this Forum under such situations granted the relief in C.C. No.55/2015 and C.C. No.09/2016.

 

c) It is 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.   Along with the complaint copy of the said pension order is annexed.  

 

3. The OP is contesting the matter being represented through the said Enforcement Officer

a) In the written version it is contended that as per the Employees’ Provident Funds and Miscellaneous Provisions Act 1952 the Family Pension Scheme 1971 was in-vogue from 01.03.1971 to 15.11.1995 and that with effect from 16.11.1995 Employees’ Pension Scheme 1995 is in-vogue.    It is also contended that under FPS 1971 the past service was 20 years 05 months 11 days and the pensionable service under EPS 1995 is 13 years 05 months 18 days.

 

b) Further it is contended that on superannuation the competent authority had sanctioned the monthly pension of  Rs.1,674/- vide said order quoted by the complainant.    And that even after receipt of such pension the complainant did not submit any request before the OP for re-fixation of pension with weightage of two years.  

 

c) Further it is contended that by revising the pensionable service from existing 13 years 05 months 18 days to 15 years 05 months 18 days, the due weightage of two years was  given and revised P.P.O No. PY/KRP/00030821 dated 01.07.2016 has been issued and the copy annexed is vide Annexure R.1.   And that the present revised pension is of Rs.1,860/- per month.    So contending and giving the details of the calculations for the revision in pension made, it is also stated that from July 2016 onwards along with applicable arrears of pension payable to the complainant from 03.05.2009 to 30.06.2016 would come to Rs.15,984/-.   And that under the circumstances the complaint be dismissed.

 

 

4.  Both the parties have submitted their affidavit evidence and the said revised pension order is again annexed to the affidavit evidence of the OP.

 

5.  Both the parties have submitted their written arguments.   The Learned Counsel appearing for the complainant with Memo has submitted Xerox copies of Vijaya Karnataka, Kannad Daily dated 21.08.2013 and 14.06.2016.   Whereas the said representative of the OP with written arguments has submitted Xerox copy of the Order sheet in C.C. No. 2754/2013 before the II Addl. District Consumer Disputes Redressal Forum, Bangalore Urban District, Bangalore.  

 

6.  Heard the oral arguments, as advanced by the Learned Counsel appearing for the complainant and the said representative of the OP.

 

7. Therefore, the points that do arise for consideration by this Forum are:

 

 (i)     Whether the Complainant proves deficiency in service on the part of the OP?

 

(ii)     Whether the Complainant is entitled for the reliefs sought

 for?

 

(iii)    What Order ?

 

 

8.       Our findings to the above points for following reasons are:

 

(i)      In the affirmative

 

(ii)     Partly in the affirmative

 

(iii)    As per final order

 

REASONS

 

9.       Point Nos. (i) & (ii) – As these points do deserve common course of discussion and to avoid repetition in reasonings, they are taken for consideration at a time. 

 

          a) That the present cause of action is recurring as upheld by the Hon’ble State Commission in Appeal No.415/2008 to 419/2008 since not resisted by the OP in the written version or even otherwise, we hold that the cause of action being recurring the complaint is in time. 

 

          b) The said revised pension order dated 01.07.2016 is subsequent to the present complaint preferred on 18.06.2016.    We should agree with the contention raised in the affidavit evidence of the complainant that it took 07 years for the OP to take into consideration the benefit of weightage of two years as per paragraph No.10(2) of the EPS 1995.  We must agree with the contention raised at the time of oral arguments by the Learned Counsel appearing for the complainant that vide said provisions unasked the relief ought to have been given and hence contention in written version vide para 5 stating that on receipt of earlier pension the complainant had not made any request for fixing pension again by providing weightage of two years, is untenable.  The very suo-motu conduct of the OP in passing revised P.P.O on 01.07.2016 itself is the proof, in this context. 

 

          c) Therefore, we are of the opinion that the OP is bound to pay compensation of Rs.10,000/- together with said calculated arrears of  Rs.15,984/- with interest at the rate of 9% p.a. from 18.06.2016 till realization.  

 

          d) That in C.C. 275/2013 proceedings akin to the case on hand came to be disposed off on the strength of the Memo by the OP cannot compel us to dismiss the complaint on hand, and the very reasons noted above would be enough to come to the conclusion that the matter on hand deserved decision on merits.   With regard to the said newspaper cuttings we are to observe that the Hon’ble Supreme Court rejected to stay the right of pension, thus upheld the supremacy of the said right of pensioners.

 

       e) Another news item is with regard to availability of Rs.43,000/- crores in EPF being unclaimed.   In this regard we are to observe that the wide spread awareness in this context, that too at grass root level is the prime need of the hour.  For, such awareness shall bring encouraging results by way of leading to the means, to get meaningful reliefs.

 

 

10.     Point No. (iii) –  In the result, we proceed to pass the following order:

 

ORDER

 

1. Consequently the complaint is allowed with costs of Rs.1,000/- as hereunder.

 

2. The OP shall pay compensation of Rs.10,000/- together with said calculated arrears of  Rs.15,984/- with interest at the rate of 9% p.a. from 18.06.2016 till realization

 

3. Send free copy of this order to both the parties.

 

Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, the 01^st August 2016.

 

 

 

 MEMBER                              MEMBER                     PRESIDENT