Karnataka

StateCommission

A/348/2013

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

Maitabkhan - Opp.Party(s)

Nandita Haldipur

17 Jul 2023

ORDER

                                                              Date of Filing :16.03.2013

Date of Disposal :17.07.2023

 

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

 

DATED:17.07.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.348/2013

 

 

The Asst Provident Fund Commissioner

Bhavishya Nidhi Bhavan

New Block No.10 

Behind Income Tax Office

Navanagar, Hubli-580 025                                             Appellant

(By Mrs Nandita Haldipur, Advocate)

 

-Versus-

1. Sri Maitabkhan

    S/o Saheb Khan Pathan

    Major

    R/o Navinpeth

    Ramdurg Taluk

    Belgaum District

    (By Mr Malagouda S. Patil, Advocate)

 

2. The Divisional Controller

    NWKRTC

    Belgaum Division

    Belgaum District                                                        Respondent

    (By Mrs S Nirmala, Advocate)

         

:ORDER:

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP1 aggrieved by the Order dated 16.01.2013 passed in Consumer Complaint No.231/2012 on the file of District Consumer Disputes Redressal Forum, Belgaum (for short, the District Forum).

 

2.       Heard the Arguments of the Learned Counsels on record.

3.       The District Forum after enquiring into the matter, partly allowed the Complaint and directed the OP1 to calculate the Monthly Pension of the Complainant as per the EPF scheme and pay the same to the Complainant, including the arrears of Pension with interest at the rate of 12% p.a with cost of Rs.1,000/- etc.,

 

4.       Against the Impugned Order, OP1 is in Appeal inter-alia contending amongst other grounds, that the District Forum without taking into consideration of the facts put forth in the objection statement erroneously came to the conclusion that pension calculated is in-correct and erroneously stated that there is no dispute that Respondent No.1 herein joined the service on 22.02.1976 but as per records, he joined the scheme on 15.11.1977. Further Appellant contended that the District Forum erroneously taken that minimum pension is Rs.635/- when the minimum pension even in respect of persons completing 24 years is only 500/-. Since the Respondent No.1’s pension commences before 16.11.2000 and his pension is fixed as per Para 12(5), as the eligible service of the Respondent No.1 is less than 24 years.   Thus seeks to set aside the Impugned Order by allowing the Appeal.

 

5.       Perused the Impugned Order and grounds of Appeal.

6.       On perusal of the records, it is observed that the Complainant was an employee of NWKRTC, Belgaum Division, Belgaum and he was a Member of Employees Provident Fund Organisation.  He contributed his contributions to the Employees Family Pension Scheme 1971; subsequently, continued to contribute to the Employees Pension Scheme of 1995 also and he took voluntary retirement on 31.03.1996 after rendering 18 years of service.

7.       Further on perusal of the calculation of monthly pension of the Respondent arrived by the Appellant submitted in the Appeal, it is seen that the Appellant has rightly calculated the Monthly Pension, as per Para 12 of EPS 1995 by providing Reduced Pension by applying reduction rate of 3% for every year of short fall in his service, as the age of the complainant fell short of 58 years, as per Para 12.7 of EPS 1995 and  fixed the pension at Rs.375/- and reduced the pension to Rs.176/- after deduction for commutation and ROC w.e.f 21.06.2000.  

8.       Thus the Complainant took Voluntary Retirement in the year 1996, where after, he sought payment of his entitled Monthly Pension, which, the Appellant has revised to Rs.176/- in the year 2000 belatedly.  In our considered opinion, the act of Appellant in not fixing the pension of the Complainant in time amounts to deficiency in service.  In such circumstances, the Impugned Order requires to be set aside only in respect of interest awarded by the District Forum.  Hence, the following

                                         O R D E R                  

          Appeal is allowed in part. Consequently, Impugned Order dated 16.01.2013 passed in Consumer Complaint No.231/2012 on the file of District Consumer Disputes Redressal Forum, Belgaum is hereby set aside with a direction to the Appellant/OP to pay cost of Rs.1,000/- to the complainant for belated payment of arrears on revised pension within 3 months from the date of the Order.

          The statutory deposit in this Appeal is directed to be transferred to the District Commission for further needful.

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

 

                                                                        President

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