Karnataka

StateCommission

A/370/2021

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

Chikka Siddegowda - Opp.Party(s)

Nandita Haldipur

04 Aug 2023

ORDER

                                                               Date of Filing:08.04.2021      

                                                              Date of Disposal:04.08.2023

 

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

 

DATED:04.08.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.370/2021

 

 

The Assistant Provident Fund Commissioner

Regional Office

Peenya,

Bengaluru  – 560 058.                                                       Appellant

(By Mrs Nandita Haldipur, Advocate)

 

-Versus-

Sri Chikka Siddegowda

S/o Sri Chikkaraiah

Major

R/o Mydal at Post

Tumkur Taluk

Tumkur District                                                             Respondent 

(Mr T Ramaiah, Advocate)

                                                :ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 73 of Consumer Protection Act 2019 by JDr/OP aggrieved by the Order dated 05.02.2021passed in Execution Petition No.31/2016 on the file of District Consumer Disputes Redressal Commission, Tumakuru (for short, the District Commission).

 

2.       Heard the arguments of the Learned Counsels on Record.

 

3.       During the course of arguments both Counsels submitted their Written Arguments.

 

4.       On perusal of the Written Arguments of both the parties, it is observed that the Appellant had earlier challenged the Order dated 18.01.2016 passed in Consumer Complaint No.142/2014 on the file of District Forum, Tumkur in Appeal No.1114/2016 the same was Dismissed by this Commission on 15.12.2017.  Now the present Appeal has been filed challenging the Order dated 05.02.2021 passed in Execution Petition No.31/2016 by the District Commission.

 

5.       In this Appeal, Appellant has taken a stand that he had re-fixed the Pension of the Respondent and Pension was enhanced from 1604/- to 1789/-. The arrears to the tune of Rs.14,412/- was paid for the period from 04.06.2020 to 30.11.2016 after which revised pension is being paid.  Even interest on arrears calculated till 30.11.2016, Rs.8,046/- was also paid and the Appellant has rightly calculated the pension and same is being continued.  The District Forum failed to take into consideration the break in service of 47 days in the past service of the Decree Holder and also failed to take into consideration the Non contributory period of 20 days in actual service of the Decree Holder.  Hence, Respondent is not eligible for pension of Rs.1,836/- from 01.08.2020.  Therefore, the Impugned Order under Execution needs to be set aside as the JDr has fully complied with the Order passed by the District Commission in CC No.142/2014.

 

6.       Perusal of the records reveals that the present Appeal is preferred, after the District Forum had passed it’s considered detailed Order in Execution Petition, by examining the Memo of Calculations filed by both the parties and held that J.Dr is liable to pay an additional sum of Rs.72.00 to D.Hr as on 01.08.2020 and further ordered that J.Dr shall be liable to pay a sum of Rs.1,836/- as pension per month to D.Hr with effect from 01.08.2020.

 

7.       In such circumstances, the District Commission is directed to re-examine the dispute raised by the Appellant that they had calculated the pension properly by considering the break in service of 47 days in the past service & NCP of 20 days in actual service of the D.Hr. Further, directing the Commission to afford an opportunity to both the parties by permitting them to submit arguments on the above specific point and decide whether Respondent/Complainant is eligible for pension at Rs.1,836/- w.e.f 01.08.2020 and execute the award in accordance with the provisions of Law.

 

Notwithstanding anything, permitting the litigating parties, to get their bone of contention resolved through Conciliation/Mediation or through Lok Adalat, if they desire so and in any case dispose off the matter within the next 6 weeks from the date of receipt of this Order, since the Complainant/Respondent has been litigating for the past 7 years, possibly for a paltry sum.

 

8.   With the foregoing observations, the Appeal No.370/2021 hereby stands disposed off.

 

 

 

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

         

 

                                                       President

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