REGIONAL PROVIDENT FUND COMMISSIONER Vs. MOTIBEN MAVJIBHAI

JUDGEMENT

(1.) By way of this revision petition, the petitioner seeks to assail the order dated 4.5.2017 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (hereinafter referred to as 'the State Commission') in First Appeal No. 740 of 2015, Regional Provident Fund Commissioner v. Motiben Mavjibhai. By the impugned order, the appeal preferred against the order dated 25.2.2014 passed by the Ahmedabad City (Additional) Consumer Disputes Redressal Forum, Ahmedabad (hereinafter referred to as "the District Forum") in Complaint No. 778/2008 has been dismissed and order passed by the District Forum was upheld.

(2.) Succinctly put, the facts of the case are that husband of the complainant, a former employee of Rajesh Malleables Limited, Ahmedabad, rendered his service for a period of 28 years until his demise on 2.1.2006. Thereafter, his widow (the complainant) approached the opposite party for fixation and release of pension for the complainant and her children. Vide order dated 30.5.2006, the widow pension and pension per child were fixed at Rs. 1,106 and Rs. 227, respectively. It was the case of the complainant that her husband was drawing a salary of Rs. 3,808, however, the opposite party wrongly calculated his salary as Rs. 2,525 and thereby sanctioned lesser pension. Alleging deficiency of service, the complainant filed a consumer complaint before the District Forum.

(3.) Upon service of notice, the opposite party contested the claim of the complainant on the ground that the pension amount and arrears were paid to the complainant in accordance with the Employees Pension Scheme, 1995. In this connection, it was submitted that the wages of the complainant's husband was Rs. 2,525 only. After hearing the parties and appreciation of evidence led by them, the District Forum vide its order dated 25.2.2014 allowed the complaint as follows: