Decided on October 07,2008

Hareshwar Vishnu Kharkar Respondents


- (1.) BEING aggrieved by the judgment and award passed by the District Consumer Forum, Thane in Consumer Complaint No. 211/06, whereby Forum has directed Provident Fund Commission office, Thane to pay Rs. 47,702 to the complainant towards loss of pension from 10.1.2001 to 10.2.2006 within 60 days, otherwise said amount shall carry interest @ 7% p.a. Forum also directed that complainant should be paid monthly pension of Rs. 782 and further directed to pay Rs. 2,000 towards compensation for mental agony and Rs. 1,000 towards cost.
(2.) FACTS lie in narrow compass: Complainant was a member of Employees Provident Fund Scheme managed and maintained by Regional Provident Fund Commissioner, Bandra (East), whose office is also at Wagle Estate, Thane. The complainant was working with private company known as Corn Products Co. (India) Ltd. at plot No. 7, MIDC Industrial Estate, Thane Belapur Road, Airoli, District Thane, Navi Mumbai. Complainant opted for Voluntary Retirement from the said company on 31.12.1994. Company forwarded his claim of Employees Pension Scheme 1995 in form No. D/Pension to the O.P. office on 23.4.1997 and requested the said office to settle his EPFS dues. But no response was given by the office and therefore, he rushed to the District Consumer Forum, Thane by filing Consumer complaint and claimed various reliefs of which some were granted by the Forum below in its operative order.
(3.) OP filed written statement at Exhibit 5 and contested the matter. According to OP., complainant opted to quit employment at the age of 43 itself. In fact, according to OP a person is entitled to get full pension only when he attains the age of 58 or reduced pension at the age of 50 and since complainant opted to take VRS at the age of 43, he was not entitled to get anything, till he attains the age of 50. OP further pleaded that even at the age of 50, he would be entitled to get reduced pension and his pension would be reduced @ 3% p.a. for every year between 50 -58. This was the stand taken by the OP and in terms thereof, OP had issued Scheme Certificate to the complainant, which is at page No. 35. Op further pleaded that complainant had not submitted Form No. 10 -D to get the pension under the Scheme. He submitted Form No. 10 -D only somewhere in 2007 and therefore, there was no lapse on the part of the Op. Op therefore pleaded that complaint should be dismissed with cost.;

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