Delhi

East Delhi

CC/820/2013

RAJ KUMAR - Complainant(s)

Versus

ANDHRA BANK - Opp.Party(s)

28 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 820/13

Mr. RAJ KUMAR AGARWAL

S/O LATE Sh. RADHE LAL

R/O 3/91, NEHRU STREET, VISHWAS NAGAR,

SHADARA, DELHI-110032

                                                                                                                        ….Complainant

Vs

 

MANAGER BRANCH OFFICE,

ANDHRA BANK, 60” ROAD,

VISHWAS NAGAR,

SHAHDARA,

1.  

 

                                                                                                                            ….Opponent

 

Date of Institution: 17.09.2013

Judgment Reserved for: 28.03.2017

Judgment Passed on: 31.03.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: Mr. SUKHDEV SINGH (PRESIDENT)

JUDGEMENT

1. Complainant Shri Raj Kumar Agarwal, a retired Government servent, has filed this complaint against Manager Branch Office Andhra Bank (OP), stating that his pension for the month of November 2012 was not credited to his saving bank account No. 062810011007546 maintained by OP. He stated that on enquiry, he was told that it was not credited due to his non furnishing of life certificate during the month of November 2012. He submitted life certificate on 04/12/2012 and requested the bank to credit his pension for the month of November in his account vide his letter dated 27/12/2012. Thus, he has alleged that there was deficiency in service on the part of bank. He has made reference to judgment of dated 18/11/2002 in appeal                  no. A-1275/2002 “Andhra Bank (appellant) Vs Shri Raj Kumar Agarwal in the State Commission Delhi, Judgment of dated 06/03/2003 of National Consumer Disputes Redressal Commission Delhi in writ petition no.601/03. Hence, he has prayed for interest on the amount of pension for the period of delay and a sum of Rs.10,000/- for compensation on account of mental tension and agony alongwith Rs.4,200/- as litigation expenses.
2. In reply, Andhra Bank (OP) have stated that they have credited the account of pensioner on 30/12/2013 with arrears in November 2013 and pension for the month of December 2013, as per circular of Reserve Bank of India. They have further stated that complainant was habituated to submit the life certificate after November and enrich himself by complaining in Consumer Forum by wrong redressals and making untruly pecuniary gains at the cost of Government of India undertakings, which supports the quoted earlier case no. 28/2002 in the present complaint. They have also stated that they have acted without previous prejudice/negligence in crediting the pension of the pensioner as per the instructions received from Reserve Bank of India.
3. Without going into the procedural irregularities, the case of the complainant is disposed on the basis of the complaint and the reply filed by Andhra Bank as well as the documents placed on record.
4. Complainant filed the affidavit where he made the contents of the complaint as part and parcel of his affidavit. However no such affidavit has been filed on behalf of Andhra Bank (OP).
5. We have heard the Ld. Counsel for the complainant and have perused the material placed on record. The only point that arises in the complaint is as to whether Andhra Bank (OP) was deficient in service by not crediting the pension of the complainant in the month of November 2013. It is the case of the complainant himself that he submitted his life certificate on 04/12/2012 and made a request for crediting his pension for the month of November 2012 by his letter dated 27/12/2012. Andhra Bank (OP) has credited the pension to his account for the month of November 2013 as well as December 2013 on 30/12/2013. Andhra Bank (OP) has made a reference to the letter of Reserve Bank of India dated October 12, 2004, addressed to the Chairman and Managing Director of all pension paying banks. The letter reads as “it is therefore, is the responsibility of the pension disbursing branch to obtain the required certificates as per the scheme for disbursement of pension to avoid over payment of pension and no pension amount is credited to pensioners/family pensioners account if they fail to submit the life certificate in the month of November each year”. From the reading of this direction given by Reserve Bank of India to all pension paying banks to obtain the life certificate and not to credit pension amount, If they fail to submit life certificate in the month of November, it comes out that life certificate was mandatory to be submitted in the month of November each year. In the present case, it is the case of the complainant himself that he has submitted life certificate on 04 December 2012 and has made a request for crediting his pension for the month of November 2012 in his account vide letter dated 27/12/2012. The bank has credited the arrears of November 2013 (though it should have been 2012). When the bank has credited the arrears of November 2012 and pension of December 2012 on 30/12/2013 (12), there does not seem to be any deficiency on the part of the bank, as the complainant himself was negligent in not furnishing the life certificate as per instruction issued by Reserve Bank of India to all pension paying banks not to release the pension for the month of November 2012 in the absence of life certificate.
6. Reference made by the complainant in appeal No. A-1275/02 Andhra Bank’s (Appellant) Vs. Sh. Raj Kumar Agarwal (Respondent) & other do not hold good as each case has to be decided on its own facts.
7. In view of the above, we are of the opinion that the complaint of the complainant has no merit and it deserves its dismissal and the same is dismissed. There is no order as to cost.

Copy of this order be sent to both the parties as per law.

 

 

 

 (Dr.P.N.TIWARI)                    (HARPREET KAUR CHARYA)                   (SUKHDEV SINGH)

     MEMBER                                          MEMBER                                            PRESIDENT