STATE CONSUMER DISPUTES REDRESSAL COMMISSION
THE REGIONAL PROVIDNET FUND COMMISSIONER – Appellant
Versus
NARAYANA BHATTRACHAR – Respondent
SC/29/A/2830/2024
Date of filing: 29.10.2()24 Date of Disposal: 15.03.2026 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COM MISSION, BENGALURU (PRINCIPAL BENCH)
DATED; 16th DAYOF MARCH 2026 CoRAM: HoN,BLE Mr. JUSTICE T.G. SHIVASHANKARE GowDA - PRESIDENT and HON'BLE Mrs' DMASHREE M - LADY MEMBER sct29lA/2a30l2024 BETWEEN:
THE REGIONAL PROVIDENT FUND COMMISSIONER, EM PLOYEES PROVIDENT FUND ORGANISATION, NFU BLOCK, ITI CAMPUS, DOORVANINAGAR, K.R. PURAM, BANGALORE.s6OO16. ........ APPELLANT/S (BY SMT.NANDITA HALDIPUR, ADV.)
AND:
1. NARAYANA BHATTRACHAR, S/O I.ATE A SRIRANGACHAR, AGED ABOUT 66 YEARS, HOUSE NO.2OO9, MUTTUR STREET, NEAR SRI.RAGHAVENDRA SWAMY STREET, -
SHIDLAGHATTA 562105.
(PARTY rN PERSON)
2. THE MEMBER SECRETARY, COMMON CADRE COMMITTEE OFFICE, AND BANK BUILDING, ALUR VENKATARAO ROAD, .
CHAMRAIPET, BENGALURU 560018.
(PARW IN PERSON)
3. THE DISTRICT MANAGER, KARNATAKA STATE CO-OPERATIVE AG RICULTU RE AND RURAL DEVELOPMENT BANK, NEAR DOOM CIRCLE, - 563101. ........ RESPONDENTS/S KOLAR (PARTY rN PERSON)
ORAL ORDER (PER:HON'BLEMT.JUSTICET.G.SHMSHANKAREGOWDA'PRESIDENT)
This Appeal is filed U/S 4l of the Consumer Protection Act, 2019 (in short CP Act) by the appellant the order dated 09.02'2024 passed in challenging on the file of District Consumer Disputes CC1TTlz}Lg Kolar (in short the District Redressal Commission, Commission)'
2, The Appellant was Opposite Party No'1 (in short OP1), Respondent No.1 was complainant and Respondent Nos'2 and 3 were Opposite Party Nos'2 and 3 (in short OP Nos.2 and 3) before the District Commission. Rank of the parties shall be referred to as per their status before the District Commission'
3. The Brief facts of the case are thaU complainant has worked as a permanent employee from 01.05.1973 in PLD Bank, Shidlaghatta and thereafter he in has served Chikkaballapura, Gouribidanur and ultimately he was transferred to OP1 in the year 1997. Complainant in all served 36 years of service and on completion of 58 years he is entitle to addition of two .
years weightage for the pension On 29.02.2012, the complainant was retired from the service on attaining the age of 60 years. On 29.02.20L2, the complainant made a requisition to the OPs to pay his Provident Fund it (in short the PF). Inspite of his request was not considered. Subsequent to the retirement one year thereafter OP1 has paid Rs.6,40 ,932/- without sending amount to the PF account. Because of this the complainant has suffered the monetary loss and hence pleading deficiency of service, he has filed complaint before the District Commission.
4. OP1 has opposed the complaint by filing that counter to the complaint contending the is not a consumer' complaint is not complainant maintainable and they have not provided any service to the complainant. As per the calculation, the complainant is entitled to Rs.6,40,932/- and the same was paid to the comP lainant. He has accepted the same without any objection. Hence the complaint is not maintainable against them.
5. OP2 in his version admitted that, the complaint.
complainant had worked at Shidlaghatta, Gouribidanur Chikkaballapura and ultimately he was transferred to OP1 and retired on 29.O2.20t2. Post retirement a sum of Rs.6,40,932/- was paid to the complainant. There is no miscalculation of PF and complaint is not maintainable against them and sought for dismissal of
6. OP3 had filed version contended that complainant has not furnished his EPF/EPS account number or the code number of the establishments
1952' In allotted under the EPF and MP Act, the absence of the account they are unable to furnish the specific reply to the comments made in the complaint' The employees of the establishment become the member of the PF scheme w.e.f. the date of application i'€', of the act on the establishment Employees Provident Fund Scheme, t952, Employees Deposit Linked Insurance Scheme, L976, Employees Pension Scheme, 1995. Since the comPlainant is not member of any of these schemes there is no question of paying any PF or its benefits.
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