State Consumer Disputes Redressal Commission
The Regional Provident Fund, vs Shri M.A Inbanathan on 18 April, 2023
Daily Order Date of Filing :31.03.2023 Date of Disposal :18.04.2023 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) DATED:18.04.2023 PRESENT HON'BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT APPEAL No.659/2023 The Regional Provident Fund Commissioner-II Employees Provident Fund Organisation No.13, Raja Ram Mohan Roy Road Post Box No.25146 Bengaluru-560 025 Appellant (By Mrs Nandita Haldipur, Advocate) -Versus- 1. Sri M A Inbanathan Major R/o No.33/1-6, 2nd Cross Thyagaraja Nagar Bengaluru-560 003 2. The Chairman and Managing Director M/s Bharath Electronics Ltd., Corporate Office Outer Ring Road HBCS Layout, Nagavara Bengaluru -560 045 3. The Chairman and Managing Director Corporate Office M/s Hindustan Aeronautics Ltd., 15/1, Cubbon Road Bengaluru-560 001 Respondent :ORDER:
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP1 aggrieved by the Order dated 16.12.2022 passed in Consumer Complaint No.3284/2017 on the file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru(for short, the District Forum).
2. Perused the Impugned Order, grounds of Appeal and heard the Arguments of the Learned Counsel for Appellant on admission. Notice on Respondents is dispensed with to avoid further delay.
3. The District Forum after enquiring into the matter allowed the Complaint in part and directed the OPs 1 & 3 to make payment of arrears of Pension payable, with interest @ 6% p.a and regular payment of entitled monthly pension under EPFO Act. Further directing OP1 and 3 to pay Rs.25,000/- as compensation towards harassment and mental agony together with cost of litigation of Rs.5,000/- to the Complainant. OPs 1 & 3 directed to comply with the Order within a period of one month, failing which the Complainant is also at liberty to file criminal case against OPs for the offense punishable under Section 72 of Consumer Protection Act. The Complaint as against OP2 is Dismissed.
4. Aggrieved by this Order, OP1 The Regional Provident Fund Commissioner/Appellant herein, is in Appeal inter-alia, contending into consideration of the facts put forth in his Objection Statement and memo filed, stating that an amount of Rs.3,01,002/- being arrears of pension has already been credited to the SB Account of the Respondent No.1 Further contended that, the District Commission failed to note that the Annexure-C the letter dated 14.03.2017 of OP1 to Complainant, intimating him to furnish the form-10D in original with documents, but District Commission without considering the facts of the case, erroneously held that there is deficiency in service on the part of Appellant and directing the OP to pay cost of Rs.5,000/- and compensation of Rs.25,000/- to the Complainant, deserves to be set aside.
5. During the course of arguments, the Learned Counsel for the Appellant submitted that the Complainant/1st Respondent herein has not submitted the required documents for process of monthly pension to the Appellant but filed the instant complaint. However, Appellant has collected all the documents from M/s BEL & M/s HAL and processed the payment of pension/arrears and accordingly, fixed the monthly pension of the Complainant. Hence, there is no deficiency in service on his part.
6. On perusal of the records and as per document annexed to the Appeal Memorandum as Annexure-B reveals that the Complainant/Respondent was working with M/s BEL during the period 01.11.1972 to 06.05.1980 and subsequently,joined M/s HAL, Bengaluru on 24.06.2022 and retired from service. Earlier, he had submitted Form 10-D to OP1/Appellant for process of his entitled Monthly Member Pension on 24.01.2017. As per Annexure-C enclosed to the Appeal Memorandum, it is observed that after receipt of Form-10D, OP/Appellant had returned the same to the Complainant on 14.03.2017, informing to submit the required documents for process of monthly pension viz., 1) Previous EPS service Transfer particulars for the period from 1981 to 2002; 2) To be submitted attested present Authorised signatory of Claim Form; 3) To be submitted after being attested by the present Authorised signatory on photos 4) His Aaadhar Card copy ;But, the Complainant/Respondent No.1 had not sent any documents as sought by the Appellant.
7. Further, on perusal of the Memo of Calculation, it is observed that the Complainant's date of birth is 30.04.1948; he joined the service on 01.11.1972 & retired from the service on 30.04.2006 by rendering 23 years 14 days of past service and actual service of 10 years 5 months and 14 days. The Appellant after procuring documents from the Employer fixed the Monthly Pension at Rs.1,618/- by giving weightage of two years and also credited a sum of Rs.3,01,002/- to the account of the Complainant as arrears for the period from 30.04.2006 to 31.10.2021, belatedly. This delay is only because of Respondent/Complainant not OP1/Appellant. It is the bounden duty of the Complainant/Respondent to submit the Form 10-D, along with required documents to OP1 through his Employer. In the present case on hand, it is observed that the Complainant/Respondent has not forwarded the required documents as sought by OP1. Further a reading of Para 16A of Employees Pension Scheme of 1995 reads as under:
16A. Guarantee of Pensionary Benefits - None of the pensionary benefits under this Scheme shall be denied to any member or beneficiary for want of compliance of the requirements by the employer under sub-paragraph (1) of paragraph 3 provided, however, that the employer shall not be absolved of his liabilities under the Scheme.
With the above observations, this Commission is of the considered view that the impugned order needs to be interfered with only to the extent of granting of interest on the arrears of pension amount of 3,01,002/- paid by OP1. Accordingly, Appeal is partly allowed. Consequently, impugned order dated 16.12.2022 passed in Consumer Complaint No.3284/2017 on the file of IV Additional District Consumer Disputes Redressal Commission, Bengaluru is hereby set aside and OP1 is directed to pay interest at the rate of 6% pa on Rs.3,01,002/- to the complainant within three months from the date of this order.
8. The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for the needful.
9. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
President *s