Karnataka

StateCommission

A/1172/2018

The Asst. Provident Fund commissioner - Complainant(s)

Versus

Shivaji Rao - Opp.Party(s)

B.V.Vidyulatha

09 Feb 2023

ORDER

Date of Filing :02.08.2018

Date of Disposal :09.02.2023

 

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

 

DATED:09.02.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH: PRESIDENT

 

APPEAL Nos.1169/2018 to 1173/2018

 

 

The Asst. Provident Fund Commissioner
(Pension),
Employees Provident Fund Organization,

Bhavishya Nidhi Bhavan,
New Block No.10,

Behind Income Tax office,

Navanagar, Hubli-580025
(By Mrs B V Vidyulatha, Advocate)                                      Appellant

(Appellant is same in all the Appeals)

 

        -Versus-

 

1. Appeal No.1169/2018

    Mr Venkatesh
    S/o Mr Ramachandra,
    Aged about 65 years,
    R/at Near Vittal Harimandir,
    Pan Bazar,

    Hubli – 580020.
    (By Mrs G Geetha Bai, Advocate)                                  Respondent

 

2. Appeal No.1170/2018

    Mr T Chidambar Murthy Tumbigere
    S/o Mr Karanam Laxmi Narayana Rao,
    Aged about 72 years,
    R/at C/o Naveen S.Kulkarni,
    Sri Malatesh, 2^nd Main,

    2^nd Cross, Near Sri Laxmi Temple,
    Narayanapura,

    Dharwad – 580008.

    (By Mrs G Geetha Bai, Advocate)                                 Respondent

                                                                            

3. Appeal No.1171/2018

    Mr Shiddalingappa
    S/o Mr Virupaxappa Tadasad,
     Aged about 58 years
     R/a H.No.LIG-9,

     Gandhinagar,
     Opp: KEC Gokul Road,
     Hubballi-580030      

     (By Mrs G Geetha Bai, Advocate)                                 Respondent                                                      

4. Appeal No.1172/2018

     Mr Shivaji Rao
     S/o Mr Ramachandra Gaikwad,
     Aged about 76 years,
     R/at Gurusiddeshwar Colony,
     Thimmasagar Road,

     Nekar Nagar,
     Hubballi – 580024.  

     (By Mrs G Geetha Bai, Advocate)                                Respondent 

 

5. Appeal No.1173/2018

    Mr Gurusiddappa
    S/o Mr Channappa,
    Aged about 65 years,
    R/at No.93, 13^th Main Road,
    42^nd Cross, Murarji Nagar,
    Gokul Road,

    Hubli – 580030.

    (By Mrs G Geetha Bai, Advocate)                                 Respondent 

 

  :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 28.06.2018 passed in Complaint Nos.57/2018, 58/2018, 59/2018, 60/2018 and 61/2018 respectively, on the file of District Consumer Disputes Redressal Forum, Dharwad (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 Respondents.

03.     The grievances of the Complainants before the District Forum in their respective Complaints are that, the OP while fixing their entitled Monthly Pension, has not considered their past & present service and provided their entitled weightage of 2 years, hence, they sought re-fixation of their Pensions, with arrears of pension amount, interest and cost of the litigation.

04.     The OP in his Version denied the error in fixation of monthly pension as the Complainants have not completed the required period of service and as such there is no question of revision of pension, hence, there is no deficiency in service on his part.

05.     The District Forum after enquiring into the matter, deemed it fit to allow the Complaints in part and directed the OP to revise the monthly Pension of all the Complainants and taking into consideration of date of their retirement as per Para 12 (3) (a) & (b) Read with Rule 10(2) in all cases, except in CC 58/2018, in which, as per Para 12 (4) (a) and (b) Read with Para 10 (2) and in CC 60/2018, in which, as per Para 12 (5) (a) & (b) Read with Para 10(2) of EPS 1995 and pay arrears with interest at the rate of 10% per annum  as and when arrears has become due and go on paying the pension at the revised rate, according to the rules as on the date of their retirement with litigation cost of Rs.3,000/- to each of the complainant within 60 days  from the date of the Order.

06.     Feeling aggrieved by the Order, OP is in Appeal inter-alia contending amongst other grounds, that District Forum erred in directing to give benefit of weightage of 2 years under Para 10(2) without considering the fact that, the Respondents in each case have left their services on different dates before attaining the age of 58 years and erred in awarding interest at the rate of 10% per annum.  Hence, Appellant seeks to set aside the Impugned Order by dismissing the Complaints.

07.     Let us examine the details of PPO of each of the Complainant produced by the Learned Counsel for Respondent in these Appeals, which are as hereunder:

Appeal No.	Complaint No.	Date of Birth	Date of retirement	Past service	Actual  service	Retirement age
1169/2018	57/2018	01.06.1952	01.06.2002	20	4 Y 1 M 11 D	51 years
1170/2018	58/2018	02.06.1946	11.04.2000	20	4 Y 1 M 11D	53 years
1171/2018	59/2018	01.06.1959	11.06.2009	17	04	50 years
1172/2018	60/2018	12.09.1942	26.02.2000	24	4Y 3M 9D	57 years
1173/2018	61/2018	26.10.1953	27.10.2003	21	4Y 1M 4D	50 years

 

As per the contents of the above Table, it reveals all the Complainants complied with the condition as laid down in Para 10 (2) of EPS, as it stood before 24.07.2009 hence, they are eligible for weightage of two years. With regard to Monthly Pension, the Respondents/Complainants in Appeal No.1169/2018, 1170/2018,  1172/2018 and 1173/2018 retired before 15.06.2007 of EPS 1995 and in Appeal No.1171/2018 retired after 15.06.2007 of EPS 1995 hence, they are entitled for monthly pension as per Para 12 of EPS 1995, as it stood before 15.06.2007 and after 15.06.2007.

It is pertinent to note that if the Complainants have not been Superannuated, the Appellant is honour bound to follow his own Rules & Regulations and should have subjected his Members to their entitlement for Reduced Pension at reduction rate of 3%, to the extent the age of the Members falls short of 58 years, as per Para 12.7 of EPS 1995.

08. It is not in dispute that the Complainants/Respondents were employees of Mysore Kirloskar Pvt. Ltd., Hubli and during their service, they opted for Family Pension Scheme 1971 and continued to contribute to the Employees Family Pension Scheme of 1995.  As per the observation made in Para 19 of the District Forum and as stated supra in the table of contents, Complainants/Respondents are eligible for weightage of 2 years and are entitled for revised Monthly Pension and arrears.  Thus certainly this act of Appellant amounts to deficiency in service and we do not find any scope for interfering with the considered observation of the District Forum. In such circumstances, this Commission is of the considered opinion that, the District Forum awarding Rs.3,000/- as cost and compensation to each of the Complainants is just and proper. However, in our view, awarding of interest at the rate of 10% per annum is slightly on higher side and reducing the same to 8% p.a which would meet the ends of justice. Accordingly, Appeal Nos.1169/2018 to 1173/2018 are allowed in part and consequently, impugned Order dated 28.06.2018 passed in Complaint Nos.57/2018, 58/2018, 59/2018, 60/2018 and 61/2018 respectively, on the file of District Consumer Disputes Redressal Forum, Dharwad is hereby modified only in so far as interest awarded by the District Forum is concerned.

 

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

 

10.     Keep the Original of this Order in Appeal No.1169/2018 and copy thereof, in rest of the Appeals.

 

 

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

 

 

                                                                              President

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