Karnataka

StateCommission

A/2606/2016

The Regional Provident FundCommissioner - Complainant(s)

Versus

M.C. Lakshminayarana - Opp.Party(s)

Dinesh S.K

09 Aug 2023

ORDER

  Date of Filing :29.09.2016

Date of Disposal :09.08.2023

 

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

 

DATED:09.08.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.2606/2016

 

 

The Regional Provident Fund Commissioner

Sub-Regional Office

Peenya

Bengaluru-560 058                                                       Appellant

(By Mrs Sandhya Jamadagni, Advocate)

 

 

-Versus-

 

Mr M C Lakshminarayana

S/o Mr Chitra Lingaiah

Aged 64 years

R/o SLV Bakery, 5^th Cross,

Ramamurthy Nagara

M N Road, Near Baldwin School

Dodda Banaswadi, Kalyana Nagar Post

Bengaluru -560 043                                                       Respondent

(By Mr S S Patil, Advocate)

         

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP aggrieved by the Order dated 04.05.2016 passed in Complaint No.2572/2013 on the file of II Additional District Consumer Disputes Redressal Forum, Bangalore (for short, the District Forum).

 

 

2.       Heard the arguments of the Learned Counsel for Appellant. Neither the Respondent nor his Counsel represented in the matter, the arguments of the Respondent is taken as heard.

3.       The District Forum after enquiring into the matter, allowed the Complaint in part with a direction to OP, to re-fix the Pension of the Complainant, as per Rule 10(2) read with Rule 12(4) of Employees Provident Scheme of 1995 from the date of his retirement, by giving weightage of two years and to pay the arrears of the Pension amount and cost of Rs.2,000/- to the Complainant within 60 days from the date of receipt of the Order.

 

4.       Aggrieved by this Order, OP is in Appeal seeking to set aside the Impugned Order passed by the District Forum.

5.       Perused the impugned order and grounds of Appeal.   The main allegation of the Complainant is that inspite of giving representation to the OP for grant of weightage of two years and for re-fixation of his entitled Monthly Pension and since OP has not revised his Pension, he lodged the instant Complaint. In the Version, OP has taken stand that the Compliant is not at all maintainable either in Law or on facts and the Complainant is not eligible to get weightage of two years as per Para 10(2) of EPS 1995.

6.       The Complainant was a member of Employees Provident Fund Organisation; contributed his contribution to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995.  With regard to giving of weightage of two years, in the Memorandum of Appeal at Paragraph No.5 therein, it is specifically contented by the Appellant that the Respondent had opted for Reduced Pension having retired at the age of 51 years, 3% per annum is reduced for short of 58 years (i.e., 7 years) as provided under Para 12(7) of the EPS 1995.   Further in Para 6, wherein the details of calculation of Pension made in the tabular column, it is observed the Complainant had put in 21 years of past service and 6 years of pensionable service and Appellant has not mentioned the details of complainant’s Date of Birth, Date of joining, date of Retirement.  Thus the usual emphasis on calculation & entitlement of the claimed entitled benefits is missing.  Further Appellant has not produced any cogent evident to prove his case.  In the circumstances, this Commission is of the considered view that Impugned Order is just and proper which does not call for any interference.   Accordingly, Appeal stands Dismissed, with no order as to costs

7.       The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for further needful.

 

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

 

                                                                      President

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