consumer protection act and pension consumer protection act and pension

3 months ago

I am a pensioner from a central public sector undertaking.My ex employer has fixed my pension at a lower rate than what is due.Can I file a case in the consumer forum

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A complaint or dispute related to employment does not come under the purview of the Consumer Protect Act, In the case of Ministry of Water Resource & Ors vs Shreepat Rao Kamde (Civil Appeal No. 8472 of 2019 arising out of SLP (C) No. 26538 of 2019) decided on 06.11.2019. the Supreme Court has observed that a government servant is not a consumer under the Consumer Protection Act and cannot raise any dispute regarding the pension and retiral benefits before the consumer forum under the same Act. Further, The National Consumer Disputes Redressal Commission (NCDRC)recently ruled that any disputes regarding withholding terminal benefits like gratuity or provident funds, or pensions do not fall under the jurisdiction of consumer courts. Ref. Kondareddygari Adinarayanareddy versus State Bank Of Hyderabad & Another dated 10th August 2022.
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