Karnataka

StateCommission

A/1081/2014

The Assistant Provident Fund Commissione, - Complainant(s)

Versus

S.N.Sittikere, - Opp.Party(s)

Nandita Haldipur

27 Mar 2023

ORDER

Date of Filing :25.08.2014

                                                                 Date of Disposal :27.03.2023

 

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

 

DATED:27.03.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH:PRESIDENT

 

APPEAL Nos.1081/2014 to 1083/2014

 

 

The Asst. Provident Fund Commissioner
Employees Provident Fund Organization,

Sub-Regional Office,

New Block No.10

Behind Income Tax Office

Navanagar, Hubli – 580029
(By Mrs Nandita Haldipur, Advocate)                             Appellant

 

(Appellant is same in all the Appeals)

 

-Versus-

1. Appeal No.1081/2014

 

1. Sri S N Sittikere

    S/o Sri Nanjappa

    Aged 66 years

    R/o Sri Rama Nagara

    4^th Cross, Ranebennur Taluk

    Haveri District

 

 2. The Divisional Controller

     KSRTC

     Davanagere Division

     P B Road, Davanagere                                    

     (By Mr. Ravindra Kumar, Advocate for R1)                Respondents

 

2. Appeal No.1082/2014

 

1. Sri P D Muddanavar

    S/o Sri Doddabasappa

    Aged 67 years

    R/o Santhekatte

    Thimanakatte Village

    Ranebennur Taluk

    Haveri District

 

2. The Divisional Controller

    KSRTC

    Davanagere Division

    P B Road, Davanagere                                     

    (By Mr Ravindra Kumar, Advocate for R1)                  Respondents

                                                                  

3. Appeal No.1083/2014

1. Mr R Y Mohare

    S/o Sri Yellappa Mohare

    Aged 66 years

    R/o Thimanakatte Village

    Ranebennur Taluk

    Haveri District

 

2. The Divisional Controller

    KSRTC

    Davanagere Division

    P B Road, Davanagere

    (By Mr Ravindra Kumar, Advocate for R1)                  Respondents                                                       

         :COMMON ORDER:

 

Mr JUSTICE HULUVADI G RAMESH:PRESIDENT

 

01.     These Appeals are filed under Section 15 of Consumer Protection Act 1986 by OP, aggrieved by the Order dated 28.03.2014 passed in Complaint Nos.76/2013, 69/2013 and 70/2013 respectively, on the file of District Consumer Disputes Redressal Forum, Davanagere (for short, the District Forum). Since the facts and law involved in all these cases are one and the same, they have been taken up together for consideration.

 

 

02.     Perused the Impugned Order, grounds of Appeal and heard the arguments of the Learned Counsels of Appellant and Respondent No.1. On service of Notice from this Commission, none appeared on behalf of Respondent No.2 and hence, their arguments taken as heard.

03.     On perusal of the records, it reveals that the District Forum after enquiring into the matter, deemed it fit to allow the Complaints in part against OP1 and directed the OP1 to re-fix the monthly Pension of all the Complainants by giving weightage of two years and past service benefit as per un-amended Para 12 of EPS 1995 with interest @ 9% p.aon arrears of Pension for the belated payment to be made to the Complainants on account of re-fixation of their respective pension amounts from the dates it has fallen due.  Further directed OP1 to pay compensation of Rs.5,000/- to each of the Complainant for mental agony suffered by them due to deficiency in service and cost of Rs.2,000/- to each of the complainant towards litigation expenses and dismissed the Complaints as against OP2, which is impugned by OP1/the Regional Provident Fund Commissioner contending that he has granted weightage of two years and the entitled Monthly Pension of the Complainants were re-fixed.  Further she contended that arrears of Pension amount also paid to the respective Complainant before the District Forum.  Without taking into consideration of this fact the District Forum had allowed the Complaints directing to re-fix the Pension as per un-amended provision of Para 12 of the EPS Scheme 1995, with compensation of Rs.5,000/- and cost of Rs.2,000/- is not proper.  Hence, seeks to set aside the Impugned Order by allowing the Appeals.

04.     Further on perusal of the records, it reveals that the Complaints were the employees of Karnataka State Road Transport Corporation, Davanagere Division and their grievance is that, OP1 while fixing their entitled Monthly Pension has not considered their past & present service for giving them their entitled weightage of 2 years, as they had rendered more than 20 years of pensionable service, hence, they sought re-fixation of their Pension, with arrears of pension amount, interest and cost of the litigation.   The submission of the Learned Counsel for the Appellant is that they have granted two years of weightage and paid the arrears by way of Cheque to each of the Complainant before the District Forum during the course of arguments.

05.     On perusal of the lower court records, it is observed that in CC No.76/2013, OP1 filed Document Nos.14, 15 & 16 - viz., document No.14 is the memo, Document No.15 is the memo of calculation and Document No.16 is the Work Sheet, which is also evident in the Order Sheet dated 04.02.2014 of the District Forum, wherein, it is recorded to the effect that “Enforcement Officer of OP1 files a Memo along with Cheque dated 31.01.2014 drawn in favour of Complainant for Rs.22,171/- and Memo of Calculation, evidence by 10.02.2014”.

06      Likewise, in CC No.70/2013, OP1 filed Document Nos.11 to 14 viz., document No.11 is the memo, Document No.12 is the memo of calculation and Document No.13 & 14 is the Work Sheet, which is also evident in the Order Sheet dated 04.02.2014 of the District Forum, wherein, it is recorded that “Complainant is present in person. Enforcement of Officer of OP1 present and files a Memo along with Cheque for Rs.19,980/- dated 31.01.2014 drawn in favour of Complainant  and Memo of Calculation.  Version of OP2 not filed. Evidence by 10.02.2014”. 

07.     In respect of CC No.69/2013, OP1/Appellant herein has not filed any Memo of Calculation, Worksheet or Cheque to the Complainant for granting of weightage and arrears of pension amount to the Complainant before the District Forum, but, the Appellant in this Appeal has taken a stand that they had revised the entitled Monthly Pension of the Complainant, after granting weightage and arrears of pension were also paid to the Complainant and to this effect, they filed the Document No.1 and on perusal of the same, it is observed that they had credited Rs.24,843/- to the account of the Complainant in the year 2017.

08.     Thus, it is not in dispute that OP1 had revised the pension by granting two years of weightage in all these cases and paid Rs.22,171/- towards arrears of pension by way of cheque for the period from 02.01.2003 to 31.12.2013 in favour of the Complainant in Appeal No.1081/2014, in Appeal No.1082/2014 a sum of Rs.24,843/- was credited to the account of the Complainant in the month of August 2017 and in Appeal No.1083/2014 paid Rs.19,980/- dated 31.01.2014 towards arrears of pension by way of cheque for the period from 01.01.2005 to 31.12.2013 in favour of the Complainant, but the fact remains that the act of OP1 in paying the arrears of pension to the Complainant was belated and that too after filing of the Complaint and it cannot said that act of Appellant does not amounts to deficiency in service. In such circumstances, this Commission is of the considered opinion that, the District Forum awarding Rs.3,000/- as cost and Rs.5,000/- as Compensation to each of the Complainant is just and proper. However, awarding of interest @ 9% p.a required to be interfered with by modifying the impugned order in the following terms.

 Appeal Nos.1081/2014 to 1083/2014 are allowed in part. Consequently, impugned Order dated 28.03.2014 passed in Complaint Nos.76/2013, 69/2013 and 70/2013 respectively on the file of District Consumer Disputes Redressal Forum, Davanagere is hereby modified and directed OP to pay Rs.3,000/- as cost and Rs.5,000/- as Compensation to each of the Complainant within three months from the date of this order.

 

          The statutory deposit in all these Appeals is directed to be transferred to the District Commission for further needful.

          Return the LCRs forthwith to the District Commission.

 

          Keep the Original of this Order in Appeal No.1081/2014 and copy thereof, in rest of the Appeals.

 

 

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

 

 

 

                                                                    President

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