Date of Filing:14.06.2016

                                                             Date of Disposal: 21.02.2023

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

DATED:21.02.2023

PRESENT

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

APPEAL No.1336/2016

The Regional Provident Fund Commissioner
Sub-Regional Office
3^rd Floor, SLV Towers
Parvathi Nagar
Ballari– 583103
(By Mrs Nandita Haldipur, Advocate)                                            Appellant

     -Versus-

Mr Mahadevappa Y
S/o Late Y Veerabhadrappa
Age 56 years
R/o House No.3, 8^th Lane
Dasappa Layout
Rammurthy Nagar
Bengaluru                                                                      Respondent

       :ORDER:

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by the OP, aggrieved by the Order dated 28.04.2016 passed in Consumer Complaint No.270/2015 on the file of District Consumer Disputes Redressal Forum, Bellary (for short, the District Forum).

2.       Perused the Impugned Order, grounds of Appeal and heard the arguments of the Learned Counsel for Appellant. Notice on Respondent has been returned un-served with postal shara ‘left’ and no step has been taken by the Appellant, taking into consideration, the vintage of the case and the age of the Respondent, as a special case, the service of Notice in this case has been dispensed with, to avoid further delay.

3.       The District Forum after enquiring into the matter, allowed the Complaint in part against OP, directing OP to re-fix the entitled Monthly pension of the Complainant for the service rendered by him under past service & actual service, in accordance with the provisions of the Employees Pension Scheme 1995, by giving weightage of two years and issue Revised Pension Payment Order and pay the pension accordingly from the date as applicable and also the arrears of pension amount due shall be paid to him, with interest @ 6% p.a from the date of the Complaint till its realisation, within two months from the date of the Order with cost of Rs.2,000/-. Aggrieved by this Order, OP is in Appeal, contending that the Respondent had left the service on 03.04.2003 prior to attaining 50 years of age and opted for Reduced Pension on 06.04.2009 and as per the clarification received from the Head Office, revised the entitled Monthly Pension of the Complainant by adding two years of weightage as per Provisions of Para 10 (2) of EPS 1995 and arrears of Pension have also been released, as there is no separate minimum assured pension for past service and as per the amendment, it is clear that the minimum Pension is applicable to aggregate of past & pensionable service and not individually. Hence, there is no deficiency in service on his part and thus seeks to set aside the Impugned Order.

4.       It is not in dispute that the Complainant is an employee of TSP Ltd., Hospet since 1978 and retired from the service on account of VRS on 03.04.2003; during his service, he contributed to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995 also.  It is also not in dispute that Appellant has revised the pension by adding weightage of two years and also paid the arrears of pension to the Complainant.

5.       On perusal of revised pension worksheet produced along with written arguments by the Appellant, it is seen that the Appellant revised the Monthly Pension by adding weightage of two years is proper. Further, it is observed that Appellant has calculated the arrears from the date of opting reduced pension to till 30.04.2017 is also proper.  However, releasing of the arrears of the pension amount to the Complainant is after the disposal of the Complaint in the year 2017, belatedly and that too after Complainant raising a Complaint before the District Forum and in our considered opinion, certainly this act of Appellant amounts to deficiency in service. In such circumstances, the Impugned Order directing the OP to pay interest @ 6% p.a on arrears of pension amount from the date of Complaint till its realisation with cost of Rs.2,000/- is just and proper and same does not call for any interference.  Accordingly, Appeal stands Dismissed

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

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

                                                                    President

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