Karnataka

StateCommission

A/555/2016

Basayya - Complainant(s)

Versus

The Asst. Provident Fund Commissioner - Opp.Party(s)

Yogesh Hiremath

05 Jun 2023

ORDER

                                                                 Date of Filing : 05.03.2016

  Date of Disposal :05.06.2023

 

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

 

DATED:05.06.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

 

APPEAL No.555/2016

 

Mr Basayya
S/o Rachayya Akkimath

Since deceased,by his LR

Mr Jagadish

S/o Mr Basayya Akkimath

Age 34 years,

Occ: Pvt. Business

R/o Sector No 14,

Plot No 61, Navanagar,

Bagalkot Taluk and District
(By Mr Yogesh L Hiremath, Advocate)                               Appellant

 

                 -Versus-

 

1. The Asst. Provident Fund Commissioner
    Sub Regional Office

    Garaladinni Complex

    II Floor, Saath Kacheri Road

    Raichur -584 102

    (By Mrs Nandita Haldipur, Advocate)

         

2. The Divisional Controller

    NWKRTC

    Bagalkot Division

    Divisional Office

    Navanagar, Bagalkot                                                  Respondents

    (By Mrs S Nirmala, Advocate)

                                                               

   : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by Complainant aggrieved by the Order dated 06.02.2016 passed in Complaint No.52/2014 on the file of District Consumer Disputes Redressal Forum, Bagalkot (for short, the District Forum).

 

2.       This Commission heard the Arguments of the Learned Counsels on record.

3.       On Perusal of the records, it reveals that the District Forum after enquiring into the matter in its entirety, deemed it fit to Dismiss the Complaint, without cost.

 

4.       Being not satisfied with the Order passed by the District Forum, the Complainant is in Appeal, inter-alia, contending amongst other grounds, that the surviving children of the deceased Basayya Akkimath are falling within the definition of family claiming only to get arrears of weightage, annual relief which stands in the name of late Basayya Akkimath and not claiming any family benefits of pension. Thus, alleging deficiency in service on the part of OPs seeking to set aside the Impugned Order passed by the District Forum by allowing the Appeal.

5.       The OP No.1 the Assistant Provident Fund Commissioner/ Respondent No.1 herein, has taken a stand in this Appeal that the children of Late Sri Basayya Akkimath, namely Smt Channamma, Sri Shekharayya and Sri Jagadish have attained the age of 25 years, as on the date of death of Basayya Akkimath and wife of Basayya Akkimath had also died on 01.02.2014.  As per Para 16(3)(a) of the EPS, 1995, after the death of the Pensioner, the surviving children of the deceased member, falling within the definition of family, shall be entitled to  monthly children pension and as per Para 16(3)(c) of EPS 1995, the monthly children pension shall be payable until the child attains the age of 25 years only.  Therefore, the Pension Payment Order bearing No.42867 in respect of Late Basayya Akkimath has become ceased to be in existence and stands closed, as no eligible beneficiaries exist and the considered action of District Forum in Dismissing the Complaint is in order and consequentially, this Appeal is also liable to be Dismissed.

6.       Perused the impugned order and the grounds of Appeal. It appears that the Late Basayya Akkimath was the employee of NWKRTC, Bagalkot Division, Bagalkot/OP2 and during his service, he was the member of Employees Provident Fund Organisation, contributed his contribution to the Employees Family Pension Scheme of 1971 and subsequently, continued to contribute to the Employees Pension Scheme of 1995.  He retired from his service on attaining the age of superannuation on 24.05.2008 after rendering more than 20 years of service. The OP1/Assistant Provident Fund Commissioner, fixed his Monthly Pension at Rs.1,558/-, thereafter, revised it to Rs.1,744/- and credited the arrears of Rs.13,063/- to the account of the Complainant on 29.04.2014. The said Basayya Akkimath died on 09.09.2014, leaving behind one daughter Smt Channamma, two sons, viz., Sri Shekharayya and Sri  Jagadish.  His wife Smt.Parvathi pre-deceased him, by dieing on 01.02.2014 to his death, one of his LRs namely son Mr Jagadish filed the present Complaint. Thus as per proviso in Para 16(3)(c) of EPS 1995 which prohibits the payment of pension on attaining the age of majority. In this regard, on perusal of the Cause Title of the Complaint No.52/2014 reflects the age of Mr Jagadish, namely son, the LR of Late Basayya Akkimath as 29 years, and it is clear that the Complainant - Mr Jagadish has already attained the age of  majority.

 

7.       Further, the observation of the District Forum in Para 8 of the Impugned Order to the effect that the document Ex-C5 - the consent affidavit of LRs of late Basayya Akkimath discloses that the age of all the LRs has attained the age of majority and as such they are not entitled for any relief as per the proviso of EPS 1995.  Under the circumstances, the Impugned Order passed by the District Forum is just and proper and same does not call for any interference.  Accordingly, this Appeal stands Dismissed with no order as to costs.

 

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

 

                                                                      President

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