State Consumer Disputes Redressal Commission
The Asst. Provident Fund Commissioner vs Channabasappa S/O Sharanappa on 31 July, 2023
Daily Order Date of Filing : 27.02.2017 Date of Disposal :31.07.2023 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) DATED:31.07.2023 PRESENT HON'BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT APPEAL Nos.541/2017 to 561/2017 The Asst. Provident Fund Commissioner Employees Provident Fund Organisation Sub Regional Office, Aland Road, No.97, Behind Remand Home Gulbarga. Appellant (By Mrs Nandita Haldipur, Advocate (Appellant is same in all the Appeals) -Versus- 1.Appeal No.541/2017 Mr Sharmoddin S/o Mr Abdulkareem Age 69 years, Plot No.38, Near Taj Kiran Store, Umar Colony, Azadpur Road, Gulbarga, Karnataka Respondent (By Mr Santhosh S Nagarale, Advocate) 2.Appeal No.542/2017 Mr Channabasappa S/o Mr Sharanappa Age 72 years, R/o Halahalli, Tq: Bhalki Dist: Bidar Respondent 3.Appeal No.543/2017 Mr Basawaraj S/o Mr Sharanappa Kamaradagi Age 67 years, H.No.9/587/7/80, J.R. Nagar, Aland Road, Gulbarga-585103. (By Mr Santhosh S Nagarale, Advocate) Respondent 4.Appeal No.544/2017 Mr Sudhakar S/o Mr Govindarao Kulkarni Age 67 years, H.No.1-29/29, LIG 5 KHB Colony, Behind District Court, Gulbarga-585103 (By Mr Santhosh S Nagarale, Advocate) Respondent 5.Appeal No.545/2017 Mr Kamshetty S/o Mr Manik Rao, Age 64 years, R/o Mahesh Nilaya, Defence Colony, Naubad Post, Bidar, Dist: Bidar (By Mr Santhosh S Nagarale, Advocate) Respondent 6.Appeal No.546/2017 Mr Laxman S/o Mr Revansiddappa Nilingi Age 64 years, C/o P.B. Desai, Darbar Galli, Vijayapur, (By Mr Santhosh S Nagarale, Advocate) Respondent 7.Appeal No.547/2017 Mr Baswaraj Swamy S/o Mr Sangayya Swamy, Age 67 years, H.No.9-5-594/1, Adarsh Colony, Chindri Road, Bidar (By Mr Santhosh S Nagarale, Advocate) Respondent 8.Appeal No.548/2017 Mr Krishna Kumar S/o Mr Narayanarao Auradkar Age 68 years, H.No.7-101-39/A, 1st Floor, State Bank Colony, Nehru Gunj, Gulbarga-585 104. Respondent 9.Appeal No.549/2017 Mr Irranna B Kodli S/o father name not known to the Appellant Age 64 years, R/o H.No.1-1495/G/1/1A, Mallikarjun Nilaya, Plot No.1/A, Godutai Nagar, Gulbarga. (By Mr Santhosh S Nagarale, Advocate) Respondent 10.Appeal No.550/2017 Mr Ram Shetty S/o Mr Anneppa Malage Age 66 years, R/o H.No.17-4-177, Chanabasava Nilaya, Vishweshwarayya Colony, Bidar (By Mr Santhosh S Nagarale, Advocate) Respondent 11.Appeal No.551/2017 Mr G.Laxman S/o Mr Ghalappa Age 60 years, R/o H No.10-3-326, Pakala Chal, Near Subhash Circle, Bidar Respondent 12.Appeal No.552/2017 Mr Azzimuddin . S/o Mr Abdul Kareem, Age 67 years, R/o H No.5-408/4M/A, Baitul Azeem Khaja Colony, Near Bibiraza College, Gulbarga (By Mr Santhosh S Nagarale, Advocate) Respondent 13.Appeal No.553/2017 Mr Anil Kumar . S/o Mr Sheshagiri Rao, Age 67 years R/o No.133, SBI Colony, Opp P & T Colony, Gulbarga Respondent 14.Appeal No.554/2017 Mr Veerabasappa . S/o Mr Rayangouda Briadar Age 67 years, R/o Ganga Agro Sales, Bhamin Galli, Chincholli, Gulbarga (By Mr Santhosh S Nagarale, Advocate) Respondent 15.Appeal No.555/2017 Mr Adiveyya S/o Mr Shivayya Mathpathi, Age 64 years, Occ:Retd Employee, Treasury Colony Back Side, Nandi Colony, Takke Road, Vijayapura (By Mr Santhosh S Nagarale, Advocate) Respondent 16.Appeal No.556/2017 Mr Shivaraj S/o Mr Bheemarao Mahajan, Age 62 years, R/o Yallaing Colony, Navabag Bidar, Dist: Bidar (By Mr Santhosh S Nagarale, Advocate) Respondent 17.Appeal No.557/2017 Mr Shankar S/o Mr Hanumayya, Age 69 years, R/o Behind Ganesh Maidan, At Post Bidar Respondent 18.Appeal No.558/2017 Mr Md Hissammuddin . S/o Mr Md Azizuddin, Age 69 years, R/o H No.2-1-110, Tolum Siddique Sha, Opp Urdu Hall, Bidar-585 401 (By Mr Santhosh S Nagarale, Advocate) Respondent 19.Appeal No.559/2017 Mr Prakash . S/o Mr Venkanna, Age 63 years, R/o H.No.10/262, Lower Lane Brahmpur, Gulbarga. Respondent 20.Appeal No.560/2017 Basavaraj S/o Kanteppa, Age 58 years, R/o Sangameshwar Colony, Chidri Road, Bidar District, Bidar (By Mr Santhosh S Nagarale, Advocate) Respondent 21Appeal No.561/2017 Mr G.S. Deshmukh . S/o Mr Sango Pandith, Age 65 years, R/o No.8-11-110/32 (old) Sangam, Raghavendra Colony, Bidar Dist, Bidar (By Mr Santhosh S Nagarale, Advocate) Respondent : COMMON ORDER :
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
01. These Appeals are filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Order dated 25.01.2017 passed in Consumer Complaint Nos.102, 91, 92, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104, 105, 106, 107, 108, 109, 112, 114 and 115/2015 respectively on the file of District Consumer Disputes Redressal Forum, Kalburgi (for short, the District Forum). Since the facts and law involved in all these cases being one and the same, they have been taken up together for consideration.
02. This Commission heard the arguments of the Learned Counsel for the Appellant. Inspite of service of notice on Respondent in Appeal Nos.542/2017, 548/2017, 551/2017 and 559/2017, none appeared for the Respondent, hence, arguments of Respondent in these Appeals is taken as heard. In Appeal No.557/2017, there is no postal endorsement on the returned envelope on the Respondent, taking into consideration, the vintage of the case and the age of the Respondent, as a special case, the service of notice from this Commission on the Respondent in this case has been dispensed with to avoid further delay & inconvenience to the ageing Respondent herein. In rest of the Appeals neither the Respondents nor their counsels appeared before this Commission hence, their arguments is taken as heard.
03. The District Forum after enquiring into the matter allowed the complaints in part and directed the OP to recalculate the pension payable to the Complainants in each complaint by giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of each of the complainant along with arrears of pension with interest at the rate of 12% per annum. Also directed the OP to give annual relief as per Para 32 of EPS 1995 to all the complainants from the respective due date along with interest at the rate of 12% per annum. Further directed the OP to pay Rs.3,000/- each to the Complainants in all the cases towards cost of the litigation expenses.
04. Aggrieved by this Order, OP is in Appeal interalia contending amongst other grounds contending that the District Forum passed its order without taking into consideration of the facts put forth in the statement of objection. The District Forum failed to note that the minimum pension is only for aggregate pension and not independently for past service and pensionable service separately. The District Forum failed to take into consideration that the Appellant has rightly calculated the pension to be paid to the Respondents. Thus impugned order is arbitrary, illegal and same deserved to be set aside.
05. Let us examine the details of service particulars of each of the Respondents/Complainants, as per the records in all these cases, which is as under:
Appeal No. Complaint No. Date of Birth Date of entry into service Date of retirement Past service Actual service Age as on retirement 541/2017 102/2015
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01.03.1973 15.10.2003
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58542/2017 91/2015
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28.03.1976 30.06.2001
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58543/2016 92/2015 09.06.1948 01.02.1972 31.08.1999 22 3 58 544/2017 94/2015 01.06.1948 31.08.1999 18 4 58 545/2017 95/2015 14.08.1951 01.08.1974 10.10.2003 21 8 58 546/2017 96/2015
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01.03.1987 31.05.2009
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58547/2017 97/2015 01.01.1950 01.10.1975 31.12.2003 20 8Y 1M 15D 58 548/2017 98/2015 20.06.1947 01.02.1972 31.08.1999 21 3Y 9M 15D 58 549/2017 99/2015 04.01.1948 01.10.1975 20.10.2003 20 7Y 11M 16D 58 550/2017 100/2015 01.01.1949 01.04.1974 15.07.2004 22 9 58 551/2017 101/2015 01.02.1955 01.02.2005 22 10 58 552/2017 103/2015 25.02.1948 01.02.1972 20.10.2003 24 7Y 11M 4 D 58 553/2017 104/2015 24.05.1948 01.02.1976 15.10.2003 20 7Y 10M 29D 58 554/2017 105/2015 05.07.1948 01.07.1976 15.10.2003 19 08 58 555/2017 106/2015
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01.03.1976 15.09.2009
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58556/2017 107/2015 04.04.1953 01.07.1974 10.10.2003 21 07Y 11M 24D 58 557/2017 108/2015 01.07.1948 01.08.1974 10.10.2003 21 7Y 10M 24D 58 558/2017 109/2015 06.10.1946 01.02.1972 10.10.2003 24 7Y 9M 24D 58 559/2017 112/2015 15.06.1952 01.02.1974 15.10.2003 22 7Y 11M 58 560/2017 114/2015 01.12.1957 01.10.1976 10.10.2003 19 8 58 561/2017 115/2015 12.02.1950 01.02.1973 31.10.2003 23 7Y 11M 15D 58 Thus, it is observed from the contents of the above table, that except Complainant/Respondent herein in Appeal No.555/2017, the Complainants in all the Appeals have complied with the conditions as per Para 10(2) of EPS 1995, as it stood before 24.07.2009 and hence, they are eligible for weightage of two years.
Further Complainant/Respondent herein in Appeal No.555/2017 complied with both the condition as per Para 10(2) of EPS 1995, as it stood after 24.07.2009 and hence, he is also eligible for weightage of two years.
06. With regard to the eligibility of entitled Monthly Pension it is observed that except Complainant/Respondent herein in Appeal Nos.546/2017 and 555/2017, rest of the Respondents/ Complainants have retired earlier to 15.06.2007 and hence, their entitled Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood before 15.06.2007.
Further the eligibility of Monthly Pension for the Complainants/Respondents herein in Appeal Nos. Nos.546/2017 and 555/2017 it is seen that both the Complainants have retired after 15.06.2007 and hence, their Monthly Pension will have to be re-calculated as per Para 12 of EPS 1995, as it stood after 15.06.2007.
07. With regard to benefit claimed under Para 32 of the Scheme i.e., Annual Relief, it is only Central Government which can grant such reliefs and not the OP, as such, the same cannot be granted by the OP.
08. Perused the Impugned Order, documents on record and grounds of Appeal, which reveals that the Complainants/Respondents herein were the member of Employees Provident Fund Organisation; contributed their contribution to the Employees Family Pension Scheme of 1971 and continued to contribute subsequently to the Employees Pension Scheme of 1995 also. The main grievance of the complainants is that there is an error in fixation of their entitled monthly pension by the OP.
09. On perusal of the Memo filed along with copy of Revised Pension Payment Order by the Appellant, it is observed that Appellant had revised the monthly pension by granting weightage of two years and paid arrears of pension to the respective Complainants/Respondents in all these cases belatedly, that too after Complainants/Respondents herein raised their respective complaints before the District Forum in the year 2015. Thus the act of Appellant in not fixing the entitled monthly pension of the complainants in time definitely amounts to deficiency in service. Under the circumstances, the Impugned Order passed by the District Forum necessarily needs to be held as right, in allowing the Complaints in part, which does not call for any interference. However, we are of the considered opinion that awarding of interest @ 12% 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 Nos.541 to 561/2017 is allowed in part and consequently, the Impugned Order dated 25.01.2017 passed in Consumer Complaint Nos.102, 91, 92, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104, 105, 106, 107, 108, 109, 112, 114 and 115/2015 respectively on the file of District Consumer Disputes Redressal Forum, Kalburgi is hereby modified only to the extent of interest awarded by it is concerned. All the other directions to OP remain intact. The Appellant is directed to comply with this Order within 60 days from the date of this Order.
10. The Statutory Deposit in all these Appeals is directed to be transferred to the District Commission for further needful.
11. Keep the Original of this Order in Appeal No.541/2017 and copy thereof, in rest of the Appeals.
12. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
President *s