Karnataka

StateCommission

A/793/2019

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

B.G.Janardhan - Opp.Party(s)

Nandita Haldipur

09 Feb 2023

ORDER

Date of Filing:04.05.2019

        Date of Disposal:09.02.2023

 

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

 

DATED:09.02.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL Nos.793/2019 to 796/2019

 

 

The Asst. Provident Fund Commissioner,
Employees Provident Fund Organization,

Regional Office, No.13,

Raja Ram Mohan Roy Road,

Bhavishyanidhi Bhavan,

Bengaluru-560 025.
(By Mrs Nandita Haldipur, Advocate)                                   Appellant

(Appellant is same in all the Appeals)

 

                            -Versus-

 

1. Appeal No.793/2019

    Mr B G Janardhan,
    S/o Late B D Guruswamy,
    Age 63 years,
    No.308, LIG-3, Block No.8,
    KHB Colony, Suryanagar,
    Chandapur,

    Bengaluru-560081                                                     Respondent

 

2. Appeal No.794/2019

    Mr N Nagabhushan,
    S/o Mr Nagendrappa,
    Aged about 64 years,
    No.718, Hennur Cross,
    10^th Main, 11^th Cross,
    Kalyananagar Post,

    Bengaluru–560043.                                                   Respondent

    (By Mrs Pushpa T S Advocate)

                                               

3. Appeal No.795/2019

    Mr V K Puttu Rao,
    S/o Late Kondoji Rao,
    Aged about 64 years,
     C/o Nagarathna Bai,
     No.122, 2^nd Stage,

     2^nd Cross,
     Bhuvaneshwarinagar,
     Jnanabharathi Road,

     Bengaluru–560056                                                    Respondent

                                                         

4. Appeal No.796/2019

    Mr Basheer,
    S/o Late Salar Sab,
    Aged about 65 years,
    No.316, Ambedkarnagar,
    Hosabadavane,

    KRS Agrahara,
    Kunigal – 572130.                                                     Respondent

 

      :COMMON ORDER:

 

Mr JUSTICE HULUVADI G RAMESH: PRESIDENT

 

01.     These Appeals are filed under Section 15 of Consumer Protection Act 1986 by OP, aggrieved by the Order dated 17.11.2018 passed in Complaint Nos.862/2016, 866/2016, 865/2016 & 864/2016 respectively, on the file of III Additional District Consumer Disputes Redressal Forum, Bengaluru (for short, the District Forum). Since the facts and law involved in all these cases are one and the same, they have been taken up together for consideration.

 

 

02.     Perused the Impugned Order, grounds of Appeal and heard the arguments of the learned Counsel of Appellant and Respondent in Appeal No.794/2019. Notice on Respondents in Appeal Nos.793/2019 & 796/2019 have been duly served and in Appeal No.795/2019 no endorsement has been made in the returned postal Acknowledgement, hence, arguments of Respondents in Appeal Nos.793/2019, 795/2019 & 796/2019 taken as heard.

03.     It is not in dispute that Respondent/Complainant in each case during their service joined the Employees PF Scheme; contributed to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995.   The main allegation of the Complainant is that after retirement from the service monthly Pension calculated by OP is not proper. Per contra, the OP has taken a stand that they calculated the pension in accordance with their laid down rules and there is no error in calculating of the pension of the Complainants.   The District Forum after enquiring into the matter allowed the Complaints and directed the OP to revise the entitled Pension of the Complainant in Complaint No.862/2016 at Rs.2,079/- p.m from 12.05.2010, in Complaint No.866/2016 at Rs.2,098/- p.m from 30.01.2010, in Complaint No.865/2016 at Rs.1,961/- p.m from 22.11.2011 and in Complaint No.864/2016 at Rs.1,818/- p.m from 30.11.2011 respectively.  Further directed OP to pay arrears of pension with interest at the rate of 8% p.a from 05.09.2008 till realisation and cost of Rs.2,000/- to each of the Complainants within 45 days from the date of the Order, which is impugned in this Appeal.   Appellant contended that as per the clarification received from their Head Office, the Pension of the each of the Respondent was revised by adding weightage of two years and arrears thereof has also been released but, District Forum without taking into consideration of these facts, erroneously ordered to revise the Pension of the Pensioners, payment of arrears with interest and costs.

 

04.     On perusal of the document Nos.21 & 27 produced along with the Appeal Memorandum, it is observed that the Appellant revised the Monthly Pension of the respective Complainants by adding weightage of two years is proper. Further, it is observed that Appellant calculating the difference of arrears from the date of retirement till date of payment is also proper, however, releasing of the arrears of the pension amount to each of the Complainant during the pendency of the cases in the year 2016 belatedly and that too after Complainants raising their grievances and in our considered opinion, certainly this act of Appellant amounts to deficiency in service. In such circumstances, the Impugned Order of the District Forum directing the OP to pay interest at the rate of 8% p.a from the respective date of retirement till its realisation and cost of Rs.2,000/- is just and proper and same does not call for any interference.  Accordingly, Appeal Nos.793/2019 to 796/2019 stands Dismissed.

 

05.     The statutory deposits in all these Appeals is directed to be transferred to the District Commission for further needful.

 

06.     Keep the Original of this Order in Appeal No.793/2019 and copy thereof, in rest of the Appeals.

 

 

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

 

                                                                            President

 

*s