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2025 Supreme(Online)(SCDRC) 39734

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MR. BAHADUR SINGH – Appellant
Versus
THE REGIONAL PROVIDENT FUND COMMISSIONER PENSION – Respondent
SC/4/FA/48/2025



Petitioner Advocates:M.G. Sharma Authorized Representative ,Respondent Advocate:

##PAGE1##

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

CHANDIGARH

FIRST APPEAL NO. SC/4/FA/48/2025

(Against the Order dated 18th November 2024 in Complaint DC/AB1/44/CC/1039/2019 of the

District Consumer Disputes Redressal Commission Chandigarh district commission)

MR. BAHADUR SINGH

PRESENT ADDRESS - S/O SHRI CHHAJJA SINGH, VILLAGE DHIANPURA, POST OFFICE,

KURALI TEHSIL CHAMKAUR SAHIB, DISTRICT ROPAR, PUNJAB

140103.CHANDIGARH,CHANDIGARH.

.......Appellant(s)

Versus

THE REGIONAL PROVIDENT FUND COMMISSIONER PENSION

PRESENT ADDRESS - SCO NO. 4 TO 7, SECTOR 17, CHANDIGARH-

160017.CHANDIGARH,CHANDIGARH.

THE MANAGING DIRECTOR PUNSUP

PRESENT ADDRESS - SCO NO. 36 TO 40, SECTOR 34 A,

CHANDIGARH.CHANDIGARH,CHANDIGARH.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI , PRESIDENT

HON'BLE MR. PREETINDER SINGH , MEMBER

FOR THE APPELLANT:

M.G. Sharma Authorized Representative (Advocate)

DATED: 19/12/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Appeal No. : 48 of 2025

Date of Institution : 09.01.2025

Date of Decision : 19.12.2025

##PAGE2##

Bahadur Singh s/o Sh.Chhajja Singh, Village Dhianpura, Kurali, Tehsil Chamakur Sahib, District Ropar,

Punjab 140103.

……Appellant/complainant

V e r s u s

1. The Regional Provident Fund Commissioner (Pension EPS), SCO No.4 to 7, Sector 17, Chandigarh -

160017.

2. The Managing Director, PUNSUP, SCO No.36 to 40, Sector 34-A, Chandigarh

…..Respondents/opposite parties

BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

MR.PREETINDER SINGH, MEMBER

Present:-

Sh.M.G. Sharma, Authorized Representative of the appellant alongwith the

appellant in person.

Sh.Sandeep Goyal, Advocate for the respondent no.1.

Sh.Harjaap Singh, Advocate for the respondent no.2.

PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

The complainant has assailed the order dated 18.11.2024 passed by the District Consumer

Disputes Redressal Commission-II, U.T., Chandigarh (in short the District Commission), vide which the

consumer complaint bearing no.1039 of 2019 filed by him was dismissed by it, on the ground of limitation.

2. Before the District Commission, it was the case of the complainant that he was appointed

and had served with opposite party No.2–PUNSUP on different posts during the period commencing from

10.02.1977 till 28.02.2009. The date of birth of the complainant is 02.02.1951 and he attained the age of

superannuation on 02.02.2009, thereby becoming eligible for grant of monthly superannuation pension

w.e.f. 03.02.2009. During the course of his service, he was wrongly and illegally terminated/dismissed from

service for the period from 16.09.1988 to 11.03.2005. The said action was challenged before the competent

Labour Court, which passed an award in favour of the complainant, directing his reinstatement with

continuity of service and granting 50% back wages. Pursuant to the award of the Labour Court, the

complainant was reinstated in service and continued to serve opposite party No.2 till his superannuation. It

##PAGE3##

was pleaded that the period of service, including the period covered by the Labour Court award, was

required to be counted for the purpose of pensionary benefits. After attaining superannuation, the

complainant submitted the requisite claim forms for grant of monthly pension under the Employees’ Pension

Scheme. However, his claim was rejected by opposite party No.1–EPFO on 17.12.2015. It was stated that

despite the rejection, opposite party No.1 subsequently admitted that the complainant had rendered more

than 13 years and 8 months of qualifying service, vide its communication dated 10.01.2017, which made

him eligible for pension. Nevertheless, the pension was not released, compelling the complainant to

approach the Consumer Commission. Alleging deficiency in service and unfair trade practice on the part of

the opposite parties, the complainant filed consumer complaint before the District Commission, seeking

fixation and release of monthly superannuation pension alongwith compensation for mental agony and

litigation expenses.

3. Opposite party No.1, in

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