Suresh V/S The Asst. Provident Fund Commissioner - Consumer Court Case

Karnataka

StateCommission

A/2389/2017

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

Suresh - Opp.Party(s)

Nanditha Haldipur

20 Jul 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

DATED THIS THE 20^TH DAY OF JULY 2022

PRESENT

SRI. RAVI SHANKAR : JUDICIAL MEMBER

SMT. SUNITA C. BAGEWADI : MEMBER

Appeal Nos. 2388/2017 to 2398/2017

1.  The Asst. Provident Fund Commissioner
     Bhavishyanidhi Bhavan,
     Sub-regional Office,
     Aland Road, Gulburga-585010

2.  The District Officer
     Employees Provident Fund Organisation,
     Employees Pension Scheme,
     Ilaviya Building, Station Road,
     Vijayapur

Appellants are common in all the appeals.

(By Smt. Nandita Haldipur)

V/s

….Appellants

Appeal No. 2388/2017

1.  Sangappa
     S/o Hanamappa Bagevadi
     Aged about 61 years
     R/a Sangameshwarnagar,
     Muddebihal, Vijaypura Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

(R1 by Sri. Yogesh L.Hiremath

R2 by Smt. Ratna N. Shivayogimath)

..…Respondents

Appeal No. 2389/2017

1.  Suresh
     S/o Venkatesh Kulkarni
     Aged about 70 years,
     Occ: Rtd. KSRTC Employee,
     R/a Near Telephone Exchange
     Muddebihal, Vijayapur Dist.
2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2390/2017

1.  Basayya Hiremath
     S/o Gurayya Hiremath,
     Aged about 72 years,
     R/a Plot No.42, Sector No.62,
     Navanagar, Bagalkot

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2391/2017

1.  Basavaraj
     S/o Kotrappa Banahatti,
     Aged about 65 years,
     R/a Marutinagar,
     Muddebihal, Vijaypur Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2392/2017

1.  Kashinath
     S/o Mahadevappa Kshatriya,
     Aged about 72 years,
     R/a Yamanurappa Oni,
     Muddebihal, Vijayapur Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2393/2017

1.  Shivashanakarayya
     S/o Ishwarayya Hiremath,
     Aged about 66 years,
     Occ: Retd. KSRTC employee,
     R/a Shanthoshnagar,
     Alamatti Road, Muddebihal,
     Vijayapura Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2394/2017

1.  Shiv Kumar
     S/o Nageppa Shetagar,
     Aged about 71 years,
     R/a H.No.1028/17,
     Akkamahadevi Road,
     Vijayapura Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2395/2017

1.  Hanamantgouda
     S/o Bangaragoud Patil,
     Aged about 64 years,
     R/a Pile Kammanagar,
     Muddebihal Tq., Vijayapura Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2396/2017

1.  Chandrakanth
     S/o Malikajappa.H.,
     Aged about 69 years
     R/a Bidarkundimath,
     Muddebihal Tq., Vijayapura Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2397/2017

1.  Mallikarjun
     S/o Kadappa Kundaragi,
     Aged about 62 years,
     R/at Adashnagar,
     Vijayapur Tq. & Dist.

2.  The Divisional Controller
     NWKRTC, Vijayapur,
     Divisional Office, Vijayapur

..…Respondents

Appeal No. 2398/2017

1.  Shambulingayya
     S/o Nandanagouda patil,
     Aged about 69 years,
     R/a Plot No.8, K.C.Nagar,
     Behind Mugalakhod Math,
     Near D.C.C. Bank,
     Shapur Road, Vijayapur

2.  The Resident Engineer
     Karnataka State Construction Co. Ltd.,
     Dr. Amarkhed Building,
     1^st Floor, Nijalingappa Colony,
     Raichur

..…Respondents

O R D E R

BY SRI RAVISHANKAR, JUDICIAL MEMBER

Appeal Nos.2388/2017 to 2394/2017 are clubbed with for the purpose of common order as the District Consumer Disputes Redressal Forum, Bijapur also made a common order in C.C.Nos.23, 28, 30, 36, 38, 41, 51, 106, 119 all of the year 2014 and 8 & 11 of 2015.

The OP in all these complaints have preferred these appeals against order passed by the District Commission which directed OP to recalculate the pension payable to the complainants by providing two years weightage and also to extend minimum assured benefits along with interest at the rate of 6% and also directed OP to pay a compensation of Rs.1,000/- to each of the complainants for deficiency in service.
The brief facts of the complaints are all these complainants are the members of the family pension scheme and retired from service after attaining superannuation on the respective completion of service / age. The complainants have made an application form 10D claiming pension. Accordingly, this appellant issued a pension order by fixing pension against which they have preferred complaints before the District Commission for re-fixing the pension.
After admission this appellant appeared through their counsel and filed version and submitted that during the course of trial they received instructions from their Head Office to grant weightage of 2 years to the persons who retired at the age of 58 years and have put their service up to 20 years. Accordingly, those who have rendered 20 years of service and attained 58 years have provided two years weightage and arrears also paid, but, the District Commission without considering the above said facts have allowed the complaints and directed again to refix the pension of the complainants.
Aggrieved by the said order appellant is before this Commission.
Heard from both sides.
Learned advocate for appellant submits that during the pendency of complaints itself they have re-fixed the pension by providing 2 years of weightage to the eligible complainants who retired after attaining 58 years and considering 20 years of pensionable service and also filed a memo with chart below to show that all the complainants have provided with 2 years of weightage and arrears also paid.

Sl.No.	Appeal No.	Consumer Complaint No.	Age of retirement	Date of commencement of pension
1	2388/2017	36/2014	58 years	28/02/2011
2	2389/2017	23/2014	58 years	02/10/2002
3	2390/2017	28/2014	58 years	24/05/2000
4	2391/2017	30/2014	58 years	31/05/1999
5	2392/2017	38/2014	58 years	30/04/2000
6	2393/2017	41/2014	58 years	30/04/2006
7	2394/2017	51/2014	58 years	31/07/2002
8	2395/2017	106/2014	58 years	31/08/2008
9	2396/2017	119/2014	58 years	01/03/2000
10	2397/2017	8/2015	58 years	31/05/2010
11	2398/2017	11/2015	Prior to58 years	30/11/2002

Considering all these statements the order passed by the District Commission has to be set aside as because the District Commission without any reason have directed the OP to pay 6% interest and cost of litigation of Rs.1,000/- though there is no deficiency in service on the part of the OP. Hence, the complaints filed by the complainants require to be dismissed. Accordingly, appeals are allowed, consequently, complaints are dismissed.
The amount in deposit is directed to be refunded to the appellant/OP.

MEMBER JUDICIAL MEMBER

CV*

Karnataka

StateCommission

A/2389/2017

The Asst. Provident Fund Commissioner - Complainant(s)

Versus

Suresh - Opp.Party(s)

Nanditha Haldipur

20 Jul 2022

ORDER

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