Karnataka

Kolar

CC/101/2016

Sri.Y.V.Srinivas - Complainant(s)

Versus

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

Sriyuth.D.V.Lakshminarayana

05 Jun 2017

ORDER

Date of Filing: 28/11/2016

Date of Order: 05/06/2017

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

 

Dated: 05^TH DAY OF JUNE 2017

PRESENT

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

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

 

CONSUMER COMPLAINT NO.101 OF 2016

Sri. Y.V. Srinivas,

S/o. Veerappa,

Aged About 65 Years,

Yalawara Village,

Kamadenahalli Post,

Kolar Taluk & District.                                    ….  COMPLAINANT.

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

 

- V/s -

The Regional Provident Fund

Commissioner,

Employees Provident Fund Organization,

Sub Regional Office, K.R. Puram

(Whitefield) 36 Lakshmi Complex,

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 and compensation of Rs.10,000/- for the mental agony as well as costs of Rs.5,000/-.

 

02.   The facts in brief:-

(a)    The complainant submitted that, he served as an conductor of KSRTC, Kolar from 26.05.1978 and after completion of 30 years of his service he got retired from his service (on attaining the age of 58 years i.e., superannuation).  The complainant further submitted that, for the 30 years of his service the OP has deducted the provident fund amount from the complainant’s monthly salary and has deposited the same in K.R.Puram PF Office as per PPO No.KN/939P belongs to the complainant. And as per PPO No.KNKRP/1368 the OP has  fixed the pension amount of the complainant for Rs.1,163/- that is without considering the 02 years weightage and the same was transferred to complainant’s SB account bearing No.008000101018480 at Corporation Bank, Kolar.

 

(b)    Further complainant submitted that, as per the Provident Fund Act, 1952, Employees Family Pension Scheme, 1971 and Employees Pension Scheme 1996 “a person who serves for more than 20 years is entitled for 02 years of weightage while calculating the pension benefits.  But without considering 02 years weightage and though the complainant has served for 30 years of service the OP has calculated the pension amount. 

 

(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.

 

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

1. Copy of the Pension Order.
2. Copy of the Pass Book of complainant pertaining to Corporation Bank, Kolar.
3. K.S.R.T.C. Divisional Officer, Kolar relief order.
4. EPFO New Delhi letter No. pension-1 3(4)16/7915/ dated: 25.07.2016.

 

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)    The OP contends that, the PPO No.KN/KRP/1368 mentioned in the complaint filed by the complainant is not pertain to the complainant.  The PPO No.PY/KRP/1368 does not tally with the name of complainant with the office records and that PPO No. pertains to one Sri. M.G. Gooli Gowda.  So contending, OP prayed for dismissal of the complaint..

 

(b)    Along with the written version the OP had submitted a copy of the Pension Enquiry Details..

 

04.   On 20.02.2017 the complainant submitted his affidavit evidence.

 

05.   On 06.03.2017 counsel appearing for OP has submitted affidavit evidence of one Mr.Amiya Bhaskar, S/o. Ashok Kumar Jha, Assistant Provident Fund Commissioner of OP.  Wherein which, OP has submitted that, on verification of records as per the PPO No. furnished in the affidavit evidence submitted by the complainant to this Hon’ble Forum, it is found that, the member name as per OP’s office record is Y.V. Srinivasan and the benefit of two years weightage had already been given to the complainant’s PPO No.PY/KRP/00013686 with revising the pension from Rs.1,039/- to Rs.1,163/- from 19.03.2008.  Further OP submits that, OP has credited the revised pension of Rs.1,163/- to the complainant’s bank account from the month of March-2015.  The pension arrears of Rs.10,342/- towards benefit of two years weightage from 19.03.2008 to 28.02.2015 had also been credited to the complainant’s bank account on April-2015 itself along with pension amount for the month of March-2015.  Furthermore OP submits that, the complainant’s pension had fixed with two years weightage for Rs.1,744/-.  Since complainant has opted for commuted Pension, after deduction of the same as per the provisions of the scheme, the quantum of monthly pension has been reduced.  Therefore, the monthly pension payable to the complainant is Rs.1,163/-.  Further at Para-8 of the affidavit evidence OP has also furnished calculation of revised pension in detail. 

 

06.   On 20.03.2017 counsel appearing for complainant has submitted written arguments and on 04.04.2017 counsel appearing for OP has submitted its written arguments.

 

07.   On 02.05.2017 we have heard the oral arguments as advanced by the learned counsels appearing for both sides.

 

08.   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?

 

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

POINT (A) & (B):      In the Negative

 

POINT (C):               As per final order for

the following:-

 

REASONS

POINT (A) & (B):-

 

10.   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 was an employee of KSRTC, Kolar, and he joined for service on 26.05.1978 and retired from service after completion of 30 years of service through superannuation at the age of 58 years. 

 

11.   Now the main contention of the complainant is that, as the OP have not paid 02 years weightage hence complainant prayed to enhance the pension amount by giving 02 years weightage along with interest.  Per contra, the OP in the affidavit evidence submitted that, the OP has already enhanced the complainant’s pension amount from Rs.1,039/- to Rs.1,163/- by giving 02 years weightage.  Further submitted that, they also credited the arrears amount of Rs.10,342/- towards the benefit of two years weightage from 19.03.2008 to 28.02.2015 to the complainant’s SB account on April-2015 along with pension for the month of March-2015.

 

12.   On perusal of the documents produced by the OP, it is seen that, they have given 02 years weightage to the complainant and also enhanced the pension amount to the complainant.  Hence there is no deficiency in service on the part of OP.  Accordingly Point (A) & (B) in the negative.

POINT (C)

10.   We proceed to pass the following:-

ORDER

01.   The complaint is dismissed with no order as to costs.

02.   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 05^th DAY OF JUNE 2017)

 

 

         LADY MEMBER                          PRESIDENT