Karnataka

StateCommission

A/30/2020

The Asst. Provident Fund Commission( Pension) - Complainant(s)

Versus

Mohammed Ziaulla - Opp.Party(s)

Smt.Nalini Venkatesh

28 Jun 2023

ORDER

                                                                   Date of Filing   : 09.01.2020

Date of Disposal :28.06.2023

 

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

 

DATED:28.06.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.30/2020

 

 

The Assistant Provident Fund Commissioner (Pension)
Provident Fund Office,

1^st Cross, 1^st Phase,

Industrial Estate,

Peenya,

Bengaluru - 560 058

(By Smt Nalini Venkatesh Advocate)                                     Appellant

 

 

  -Versus-

                                  

1. Mr Mohammed Ziaulla
    Deceased,

    By LR Mrs Fareeda Begum,

    C/o M C Basavaraju,

    Advocate, No.2,

    4^th Floor, Maurya Mansion,

    Gandhinagar,

    Bengaluru  - 560 090

 

2. Mr Gangaiah
    Deceased

    by LR Mrs Ramakka,

    R/at No.268,

    6^th Main, Nagarabhavi,

    13^th Block, 2^nd Stage,

    Bengaluru – 560 072
 

3. Mr P Yoganathan
    S/o Late M Periannana Raj,

    R/at No.3/14A,

    3^rd Cross, Bharathi Dashn Nagar,

    Railway Station Road, Hosur,

    Krishnagiri District,

    Tamil Nadu State– 635 109  
 

4.  Mr Abdul Suban
     S/o Late Abdul Khader,

     Aged about 62 years,

     R/at No.365, Maddur Road,

     Tanjoor Mohalla,

     Kunigal Town,

     Tumkur District
 

5.  Mr H C Rajashekaraiah
     S/o Late H C Chikkanna,

     Aged about 61 years,

     R/at No.262, 2^nd Cross,

     Vinayaka Badavane,

     Krishnappa Garden,

     Chikbidarikal,

     Bengaluru – 560 073

 

6. Mr Venkatesh Murthy
    S/o Late Venkatachalaiah,

    Aged about 61 years,

    R/at Sondekoppa At & Post,

    Bengaluru North Tq.

    Bengaluru Urban District

7. Mr V Krishnappa
    S/o Mr Venkataramanappa,

    Aged about 62 years,

    R/at No.483, 10^th Main, 1^st Cross,

    Behind Maruthi Marble,

    Bhuvaneshwarinagar,

    T Dasarahalli,

    Bengaluru – 560 057

 

8. Mr B K Vittal Rao
    S/o Late B S Krishnoji Rao,

    R/at No 19 (Old No 30/1)

    Venkateshwara Nivas,

    9^th Main, 3^rd Cross,

    Mathikere,

    Bengaluru – 560 054

9. The Chief Traffic Manager
    BMTC Central Office,

    K H Road, Shanthinagar,

    Bengaluru  - 560 027

    (By Mr B L Sanjeev, Advocate)                                    Respondents                                                                                  

: 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 27.09.2019 passed in Consumer Complaint No.1278/2014 on the file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru (for short, the District Forum).

 

2.       This Commission heard the Arguments of the Learned Counsels for Appellant and Respondent No 9.  Inspite of service of Notice on the Respondents 1 to 8, none appeared for Respondents, their arguments is taken as heard.

 

3.       The District Forum after enquiring into the matter and documents produced by both the parties, partly allowed the Complaints, with cost of Rs.20,000/- to the Complainants and directed the OP1/The Assistant Provident Fund Commissioner (Pension)  to re-calculate the entitled Monthly Pension of the Complainants/ Respondents, as per Para 10(2), read with Para 12(3) of the EPS 1995 by granting two years of weightage and release the arrears of pension to all the Complainants, except Complainants namely Mr Mohammed Ziaulla, Mr Gangaiah, Mr P Yoganathan, Mr Abdul Suban, Mr H C Rajashekaraiah, Mr Venkatesh Murthy, Mr V Krishnappa and Mr B K Vittal Rao, as the Complainants rendered 20 years of service as on the date of their retirement hence, they are also eligible for weightage of two years and entitled for revise of pension and arrears.

 

Further, the District Forum had directed the OP1 to pay interest at the rate of 12% p.a on arrears of pension payable to all the Complainants.  Further, the District Forum had directed the OP1 to settle the arrears of pension amount to the LR’s of deceased complainants of Mr Mohammed Ziaulla, Mr Gangaiah and Mr P Yoganathan and Dismissed the complaint as against OP2 / The Chief Traffic Manager, BMTC.

 

4.       Aggrieved by this Order, OP1/The Assistant Provident Fund Commissioner (Pension) is in Appeal.

5.       During the course of arguments, the Learned Counsel for the Appellant filed Synopsis of his arguments, submitting that the District Forum failed to take into consideration of the fact that Respondent Nos.1 to 3 herein are deceased pensioners and their LR’s have not been brought on record, those cases to be ceased as they are not eligible for weightage of two years. Further submitted that inadvertently stated Respondent No.3 is deceased, but he did not produce the Life Certificate and his whereabouts not known therefore, Appellant has not released the pension in this case.  In so far as Respondent No.8 is concerned he has opted for reduced pension, hence, he is also not eligible for weightage of two years.  Hence, order impugned is untenable, illegal, arbitrary and unjust and thus seeks to set aside the impugned order by allowing the Appeal.

6.       Perusal of the records reveals that Complainants/Respondents herein were working as Drivers with OP2; they were members of Employees Provident Fund Organisation; they contributed their contribution to the Employees Family Pension Scheme of 1971; subsequently, continued to contribute to the Employees Pension Scheme of 1995 also and they rendered 20 years of service. The allegation of the Respondents herein is that there is error in fixation of pension, as the Appellant has not granted weightage of two years even after rendering of 20 years of service. 

7.       The crux of the matter in the case on hand is that the Respondents Nos.1 to 3 herein are deceased Pensioners and their LRs’ have not been brought on record. In this regard for adjudication of the matter and taking into consideration the vintage of the case and age of the Respondents, an opportunity needs to be given to these Respondents.   

In respect of Respondents No.4 to 7, the learned counsel for Appellant contending that he had fixed the pension properly.  However, this statement is not backed up by any cogent & self speaking documentary support and in as much as these Respondents have not appeared before this Commission to contest the averments of the Appellant.

          In respect of Respondent No.8 the learned counsel for Appellant submits that he is not eligible for weightage of two years, as he has opted for Reduced Pension. On perusal of the record pertaining to this Respondent, it is observed that as per proviso of Para 10 (2) of EPS 1995, the Respondent has to comply both the conditions of retirement on attaining the age to 58 years and completion of 20 years of pensionable service.  On this there is no clarity in the available documents.

In view of foregoing observations, Impugned Order requires to be interfered with by remanding the matter to the District Forum for reconsideration of the matters afresh in respect of these 8 Respondents only, by affording an opportunity to both the parties to adduce required evidence to decide the case on merits and dispose of the matter in its entirety within three months from the date of this order.   Hence, the following

O R D E R

          Appeal is allowed.  Consequently, Impugned Order dated 27.09.2019 passed in Consumer Complaint No.1278/2014 on the file of IV Additional District Consumer Disputes Redressal Forum, Bengaluru is hereby set aside and matter is remanded to the District Commission with a direction to decide the case afresh by affording an opportunity to both the parties for proper adjudication of the matter within three months from the date of receipt of this order.

The Statutory Deposit in this Appeal is directed to be refunded to the Appellant on proper identification by his Advocate.

 

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

                                                                

             President

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