MADHUSUDAN KAR Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) -THE dispute giving rise to this Revision Petition centres around the denial of pension to the petitioner/complainant under the Employees' Pension Scheme, 1995 by the Regional Employees Provident Fund Commissioner, Orissa (referred to as RPFC hereinafter ).

(2.) PETITIONER approached the RPFC, respondent No. 1 for grant of pension under 1995 Pension Scheme. RPFC rejected his request on holding him ineligible on the ground that he had crossed the age of 60 years prior to coming into force of the said scheme. Petitioner, thereafter, filed a complaint before the District Consumer Forum, Cuttack. The District Consumer Forum dismissed C. D. Case No. 54 of 2001 by holding that the real dispute primarily centred around the date of birth as recorded in the official document and as claimed by the complainant. The District Forum held it to be a matter for the Civil Court and not the Consumer Forum to decide.

(3.) AGGRIEVED by the dismissal of his complaint, petitioner filed an appeal before the State Consumer Disputes Redressal Commission, Orissa who also formed the opinion that the entire claim of the complainant depended upon the determination of the exact date of birth for which the appropriate Forum is Civil Court. The appeal was dismissed.