Karnataka

StateCommission

A/38/2015

Assistant Provident Fund - Complainant(s)

Versus

Shivareddy M Thiralapur - Opp.Party(s)

H Venkatesha Dodderi

03 Jul 2023

ORDER

Date of Filing :20.01.2015

Date of Disposal :03.07.2023

 

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

 

DATED:03.07.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

APPEAL No.38/2015

 

 

The Assistant Provident Fund Commissioner (Pension)

Employee Provident Fund Organisation

Sub-Regional Office

3^rd Floor, S.L.V Towers

Parvathi Nagar

Bellary-583 103                                                             Appellant

(By Mr H Venkatesha Dodderi, Advocate)

 

-Versus-

 

Sri Shivareddy M.Thiralapur

Aged about 62 years

Retired Employee of KSRTC

R/at Hampi Road

10^th Ward, Hospet-583 201                                            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, challenging the Order dated 28.08.2014 passed in Complaint No.52/2014 on the file of District Consumer Disputes Redressal Forum, Bellary (for short, the District Forum).

 

2.       Inspite of issue of court Notice from this Commission on the Appellant and the Respondent, none appeared and hence their arguments are taken as heard.

3.       The District Forum after enquiring into the matter and the documents produced by both the litigating parties, partly allowed the Complaint and directed the OP to re-fix the Pension of the Complainant, as per Para 12 (3) R/w Para 10 (2) of the EPS 1995, by giving weightage of two years and to issue Revised Pension Payment Order and pay the arrears  of the Pension accordingly, from the date as applicable and also the arrears of Pension amount due shall be paid with interest at the rate of 9% p.a from the date of the Complaint till its realisation.   Further directed the OP to pay a sum of Rs.3,000/- towards compensation for deficiency in service and Rs.2,000/- towards cost of the proceedings to the Complainant.

4.       Aggrieved by this Order, OP is in Appeal inter-alia contending amongst other grounds that, the District Forum failed to notice that the Respondent has filed the Complaint after lapse of more than three & half years.  Further, the District Forum failed to appreciate that fixing of Pension is in compliance of Para 10(2) & Para 12 of EPS 1995 and not considered the calculations of pension as mentioned in the statement of objection.  Thus, the Appellant seeks to set aside the Impugned Order by allowing the Appeal.

5.       Perused the Impugned Order, documents on record and grounds of Appeal, which reveals that the Complainant/Respondent was an employee of KSRTC, Bellary Division, Bellary; he was the member of Employees Provident Fund Organisation; contributed his contribution to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995 also.  Further, the Complainant retired from the service on 31.05.2010 on attaining the age of 58 years, as his Date of Birth is 01.06.1952 and having rendered more than 20 years of pensionable service is eligible for two years of weightage and accordingly, his entitled Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood after the amendment of 15.06.2007, since the Complainant had retired from the service on 31.05.2010.  Further it is relevant to make mention of the fact that the limitation starts from the date on which the complainant came to know about the erroneous calculation of pension fixed by the Appellant.  Therefore, complaint filed during the year 2014 by the Complainant is within time. Under the circumstances, the Impugned Order passed by the District Forum necessarily needs to be held as right, in allowing the Complaint in part, which in our considered opinion does not call for any interference as the grounds of Appeal brought out in this Appeal.

However, we are of the considered opinion that awarding of interest @ 9% p.a is slightly on the higher side and reducing the same to 8.25% p.a would meet the ends of justice. Accordingly, the Appeal is allowed in part and consequently, the Impugned Order dated 28.08.2014 passed in Complaint No.52/2014 on the file of District Consumer Disputes Redressal Forum, Bellary is hereby modified only to the extent of interest awarded by it is concerned.  The amount of Rs.3,000/- awarded as compensation and Rs.2,000/- towards litigation expenses to the Complainant shall remain un-disturbed. The Appellant is directed to comply with this Order within 60 days from the date of this 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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