Karnataka

Kolar

CC/63/2016

Sri.V.Nagraj - Complainant(s)

Versus

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

Sri.D.V.Lakshminarayana

20 Feb 2017

ORDER

Date of Filing: 13/10/2016

Date of Order: 20/02/2017

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

 

Dated: 20^TH DAY OF FEBRUARY 2017

PRESENT

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

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

 

CONSUMER COMPLAINT NO. 63 OF 2016

Sri.V.Nagaraj,

S/o. Venkataravanappa,

Aged About 63 Years,

#400, 2^nd Cross,

Chamundeshwari Temple,

Gulpet, Kolar-563 101.                           ….  COMPLAINANT.

 

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

 

- 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.

 

 

-: 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 refix the pension along with 02 years weightage and interest, to pay compensation of Rs.10,000/- and costs of Rs.5,000/-.

02.   The facts in brief:-

(a)    The complainant submits that, the complainant’s date of birth is 10.12.1953 and on 26.05.1978 he joined for service as a Conductor at KSRTC, Kolar Division, and after completion of 34 years of his service on 12.09.1912 he retired from service while he was serving in Malur Division at the age of 58 years 09 months. 

 

(b)    For all these 34 years of complainant’s service, every month the OP has deducted PF amount from his salary account and debited to PF account bearing No.PY/KRP/0000989/OOP/0001480.  But after complainant’s retirement as per PPO bearing No.PY/KRP/00020905 the OP has fixed monthly pension of Rs.1849/- only without giving 02 years weightage. 

 

(c)    The complainant further submits that, as per the Provident Fund Act, 1952 there are two types of pension schemes.  One is Employee’s Family Pension Scheme 1971 and another is Employee’s Pension Scheme, 1995. 

 

(d)    Further submission of the complainant is that, as per the letter of Employees Provident Fund Organization, New Delhi, bearing No.Pension-1/3(4)16/7915, dated: 25.07.2016, “Government of India benefit of two years weightage to the members under EPS 1995 with membership of 20 years or more under EPS 1995 combined with membership period under erst while employees family pension scheme 1971 should be taken in to account.  And as per this letter complainant is entitled for 02 years weightage.

 

(e)    As per Provident Fund Act, 1952 under the head of both the schemes that is, “Employee’s Provident Fund Scheme, 1971” and “Employees Pension Scheme 1995” a person who deposits PF amount for a minimum period of 20 years is entitled for 02 years weightage. 

 

(f)     It is further contended by the complainant 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.

 

(g) So contending the present complaint has been submitted seeking 02 years weightage as per the above stated schemes.

 

(h)    Along with the complaint the complainant has submitted following documents:-

1. Copy of the monthly PF pension order.
2. Employees Provident Fund Organization, New Delhi, Letter.
3. Copy of the KSRTC, Kolar Division, Letter dated: 08.10.2012.
4. Syndicate Bank SB account pass book copy.

 

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 written version.

 

(a)    OP contends that, the complainant was a member of Family Pension Scheme 1971 with effect from 16.08.1976 and Employees Pension Scheme 1995 with effect from 16.11.1995 and the benefit of 02 years weightage had already been given to the complainant.  The pension has been revised from Rs.1849/- to Rs.2035/- from 10.12.2011 in the complainant’s PPO No.PY/KRP/00020905.  The revised pension of Rs.2,035/- has been credited to the Complainant’s bank account in November-2016.  And the arrears pension amount of Rs.10,918/- for the benefit of 02 years weightage from 10.12.2011 to 31.10.2016 will be credited to the complainant’s bank account along with pension for the month of November-2016.  Since the pension of the complainant had already been revised with 02 years weightage and the revised pension from the month of November-2016 and arrears up to October-2016 would be credited in the month of December-2016.  So contending the OP has prayed for dismissal of the complaint with costs. 

 

04.   On 02.12.2016 complainant has submitted his affidavit evidence by way of examination-in-chief.  And on 20.12.2016 one Mr.Kaushal Singh, S/o. Sangram Singh, Assistant Provident Fund Commissioner of OP had submitted affidavit evidence on behalf of the OP.  On 02.01.2017 both complainant and the representative of the OP have submitted their respective written arguments.

 

05.   Heard the oral arguments as advanced by the learned counsel appearing for the complainant and also the said representative of the OP in the above case.

 

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

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

(B)  What order?

 

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

POINT (A):       In the Affirmative

 

POINT (B):       As per final order for

the following:-

 

REASONS

POINT (A):-

08.   On perusal of the pleadings, affidavit evidence along with written arguments and documents produced by both the parties, it is an admitted fact that, the complainant served as a Conductor in KSRTC, Kolar Division from 26.05.1978 and retired from service on 12.09.2012 (on completion of 58 years 09 months i.e., through superannuation). 

 

09.   The main contention of the complainant is that, the OP has not granted 02 years weightage hence complainant prayed to enhance the pension amount by giving 02 years weightage along with interest.  Per contra, OP submitted that, the complainant was a member of the Family Pension Scheme, 1971 with effect from 16.08.1976 and Employees’ Pension Scheme, 1995 with effect from 16.11.1995.  The benefit of 02 years weightage had already been given to the complainant.  The pension has been revised from Rs.1,849/- to Rs.2,035/- from 10.12.2011 in PPO bearing No.PY/KRP/00020905.  The OP submitted that, the revised pension of Rs.2,035/- and pension arrears of Rs.10,918/- will be credited to the complainant’s bank account along with the pension for the month of November-2016. 

 

10.   Admittedly the OP has given 02 years weightage and paid the arrears of pension to the complainant in the month of November-2016.  The complainant has filed the above complaint on 13.10.2016.  The OP had appeared before this Forum on 08.11.2016.  Thereafter the OP had enhanced the pension of the complainant by giving 02 years weightage and arrears of pension in the month of November-2016.  From the above it is clear that, the OP has settled the grievance of the complainant only after the complainant approached this Forum.  Though the complainant was legitimately entitled for grant of weightage, the OP has denied his right and he was deliberately refused for grant of weightage.  The complainant was made to run from pillar to pillar and ultimately it is only when the complainant approached this Hon’ble Forum, the OP has granted 02 years weightage.  Therefore we hold that, the complainant is entitled for the compensation along with costs of the litigation and hence we answered point (A) in the affirmative.

 

POINT (B)

11.   We proceed to pass the following:-

ORDER

01.   The complaint is allowed.

 

02.   The OP is directed to pay Rs.5,000/- towards litigation cost and Rs.10,000/- towards compensation 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 20^th DAY OF FEBRUARY 2017)

 

 

MEMBER                                      PRESIDENT