Karnataka

StateCommission

A/165/2018

The Regional Provident Fund - Complainant(s)

Versus

S.N.Gopala - Opp.Party(s)

Nalini Venkatesh

27 Feb 2023

ORDER

                                                                 Date of Filing : 30.01.2018

                                                            Date of Disposal : 27.02.2023

 

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

 

 DATED: 27.02.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.165/2018

 

 

The Regional Provident Fund Commissioner-II(Pension),
Bhavishyanidhi Bhavan,
Regional office, No.13,
Raja Ram Mohan Roy road,
Post Box No.25146,
Bengaluru - 560 025
(By Mrs Nalini Venkatesh, Advcoate)                               Appellant

 

                                   -Versus-

Mr S N Gopala,
S/o Late Nanjundappa,
Aged about 61 years,
No.5/2, Deepadarshan,
17^th Cross, A D Halli,
Basaveshwaranagar,
Bengaluru – 560 079

(Ex-parte)                                                                         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 15.11.2017 passed in Complaint No.1829/2014 on the file of II Additional District Consumer Disputes Redressal Forum, Bengaluru (for short, the District Forum).

 

2.       Perused the Impugned Order, grounds of Appeal and heard the arguments of the Learned Counsel for the Appellant.

3.       The District Forum after enquiring into the matter, allowed the Complaint in part and directed OP to re-fix the Pension of the by giving weightage of two years as per Rule (10)(2) Read with Rule 12(4) of EPS 1995 from the Date of Retirement with interest @ 12% p.a and cost of Rs 2,000/- to the Complainant, within 30 days from the date of the Order.  

4.       Aggrieved by this Order, OP is in Appeal inter-alia, contending amongst other grounds that, the Pension has been revised by adding 2 years weightage, as per Para 10 (2) of EPS 1995 at Rs.2,060 /- p.m and released arrears of pension thereof, amounting to Rs.12,340/- in the month of October 2016. Without taking into consideration this aspect, the District Forum has passed the Impugned Order, which needs to be set aside, as there is no deficiency in service on the part of Appellant.

5.           Admittedly, Complainant is an employee of M/s Mysore Paper Mills Ltd., Bangalore; he joined the service on 19.03.1979; retired on 09.04.2011 on attaining the age of superannuation; as per EPS 1995, the Complainant is entitled for weightage of 2 years and entitled to receive revised Monthly Pension with arrears.  OP fixed his Monthly Pension at Rs.1,430/- p.m, subsequently, revised the Monthly Pension as per Para 12 (3) of EPS 1995 by adding weightage of 2 years is proper.  Further, it is to be noted herein that, arrears of pension Rs.12,340/- has been released by OP only during October 2016 belatedly, that too after representation given by the Complainant and after filing of the Complaint for the reasons best known to him only.  In such circumstances, this Commission is of the considered opinion that in so far as awarding interest @ 12% p.a on arrears of Pension of Rs.12,340/- is on higher side and hence, the same is hereby reduced to 8% p.a, which would meet the ends of justice. Accordingly, Appeal is allowed in part and consequently, the Impugned Order dated 15.11.2017 passed in Complaint No.1829/2014 on the file of II Additional District Consumer Disputes Redressal Forum, Bengaluru is hereby stands modified to that extent only and cost of Rs.2,000/- ordered by the District Forum remains un-disturbed. 

 

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