PENSION CASES CANNOT BE DELAYED

If delayed, pay compensation for it,
pay for the mental agony and stress.



Udupi District (Karnataka) Consumer Disputes Redressal Forum




[Case Nos. CC 134/2009 and CC 138/2009.]



Judgement delivered on 22*3*2010.

Case history:



BSNL Corporate office issued orders on 29*5*2008 for merger of DA in pay of
employees with effect from 1*1*2007. Those who retired on or after 1*1*2007
should get its benefit in pension also. BSNL authorities at Udupi and Mangalore
as well as the CCA office at Bangalore took their own time to merge DA and
revise the pension. Udupi District P&T Pensioners’ Association took up the
matter, wrote many letters. But authorities did not care. Finally, 13 BSNL
pensioners and 6 family pensioners approached the Consumer Forum on 2*11*
2009 against the delay and seeking compensation. Shri George Samuel,
Secretary of Udupi District P&T Pensioners’ Association is the first complainant
in both the cases. When the authorities came to know about the cases they
woke up and merged the DA in pay of the complainants and revised their
pension accordingly. But the case continued.



The Consumers’ Disputes Redressal Forum considered the following aspects:



1. Whether the pensioners are consumers? The Forum decided Yes.



2. Whether the delay in merging DA in the cases amounts to deficiency in
service? Forum declared Yes. The delay can not be condoned.



3. Whether the complainants are entitled to reliefs? Forum said Yes.
After hearing the arguments of complainants and the Opposite Parties
(CGMT Karnataka, CCA Karnataka Circle, PGMT Mangalore and Area Manager
at Udupi) the Forum passed the following order:



“The complaints are allowed. The Opposite Parties are directed to pay to the
Complainants in both complaints, interest @ 9% since and after 11712008 till date
of payment of the claim amounts (since paid) alongwith Rs 2000/1 each
Complainant in both the cases as compensation (except the complainant No. 1 in
both cases) for mental agony and a consolidated amount of Rs 10000 each
towards cost of proceedings in each complaint. The Opposite Parties shall pay
the above amounts within a month from the date of this order. The OPs shall pay 2
the above amounts to the Complainants and may recover the same from the
employees who are responsible for delay in releasing the revised Pensionary
benefits:”



Source: RREWA