ASSISTANT PROVIDENT FUND COMMISSIONER REGIONAL OFFICE AND ORS Vs. OM PRAKASH VERMA S/O LATE SH RAM PRASAD VERMA AND ORS

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 19.01.2012 passed by the District Forum, Haridwar in consumer complaint No. 220 of 2011. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant opposite party No. 1 to pay to the respondent No. 1 complainant a sum of Rs. 15,000/ -.

(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant was an employee of Bharat Heavy Electricals Limited, Haridwar and he retired on 24.11.2000 and he had been a continuous member of Family Pension Scheme since September, 1971 and had been making his contribution, which was used to be deducted by his employer Bharat Heavy Electricals Limited from his salary and to be credited in his pension account. It was alleged that the appellant Assistant Provident Fund Commissioner has wrongly calculated the amount of pension. On inquiry, it was found that the complainant was not paid the pension for 12 years. It was further alleged that vide letter dated 18.04.2011, the appellant has accepted that sum of Rs. 6,038/ - has been paid less to the complainant and the said amount was later on credited in his bank account. On account of improper calculation of his pension and payment of lesser amount of pension to him, the complainant filed a consumer complaint before the District Forum, Haridwar.

(3.) THE appellant filed written statement before the District Forum and pleaded that the consumer complaint is barred by time; that the pension of the complainant was fixed at Rs. 551/ - per month and on 26.07.2000, a sum of Rs. 9,808/ - was paid to the complainant towards pension for the period from 07.11.1998 to 30.04.2000; that for the period from May, 2000 to December, 2000 and in the year 2001, the bank had paid less pension of Rs. 4,408/ - and Rs. 1,630/ - respectively to the complainant, for which necessary instructions were issued to the bank for immediate payment of the said amount to the complainant; that the said amount was paid by the bank to the complainant and that there is no deficiency in service on their part.