MAHINDRA & MAHINDRA LIMITED Vs. PANDURANG GOVIND SHELAR

JUDGEMENT

(1.) The complainant joined the service of M/s Mahindra & Mahindra Limited, petitioner in RP No.1215/2019 on 01.09.1989. His services were terminated on 08.04.1994 before he could complete five years of service. He approached the concerned District Forum by way of a consumer complaint, seeking payment of pension and commuted pension or in the alternative, the contribution made by him under the superannuation scheme of which he was a member with interest on that contribution. The employer of the complainant LIC of India as well as the superannuation scheme were impleaded as opposite parties in the complaint.

(2.) The complaint was resisted by the employer of the complainant as well as on behalf of the scheme. It was inter-alia stated in their written version that the complainant having not completed five years of service he was not entitled to refund of the contribution made by him under the scheme. The claim for payment of the pension and commuted pension was also disputed on the ground that the complainant had not completed the qualifying service required for the said benefits. Two primarily objections were also taken by them, the first being that he was not a consumer and that the second being that the complaint was barred by limitation.

(3.) The District Forum directed the petitioners here in to refund the entire outstanding contribution made by the complainant as on 08.04.1994 alongwith simple interest on that amount @ 9% per annum, compensation quantified at Rs.5000/- and the cost of Rs.1,000/- as mental agony.