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