Orissa

Jajapur

CC/294/2012

Arjun Charan Mahanta - Complainant(s)

Versus

Branch Manager SBI - Opp.Party(s)

Pranab Kumar Das Patnaik

12 Jan 2015

ORDER

                               IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:  1.Shri Biraja Prasad Kar, President,

                                                                        2.Sri Pitabas Mohanty, Member,

                                                                        3.Miss Smita Ray, Lady Member.

                                       Dated the 12th day of January,2015.

                                       C.C.Case No.294 of 2012

Arjun charan Mohanta ,S/O Late Sudam Mahanta

Vill. Baliapal, P.O. Salijanga

Via. Danagadi  Dist.Jajpur.                                                         …… ……....Complainant .                                                                       .

                   (Versus)

Branch Manager,State Bank of India,Kalinga Nagar Branch

At/P.O. Duburi, Dist. Jajpur.

                                                                                                      …………………..Opp.Parties.

For the Complainant:                                 Sri B.P.Panda, D.K.Nath, Advocates.

For the Opp.Party.                                      Sri P.K.Daspattnaik, Advocate.                                   

                                                                    Date of order:   12. 01. 2015.

MISS SMITA  RAY, LADY  MEMBER .

                        Deficiency in Banking service is the grievance of the petitioner.

                        The facts as stated by the petitioner in the complaint petition shortly is that the petitioner being an retired employee of defence his monthly pension was credited in State Bank of India  vide A/C No.10750913217 which stands recorded jointly (in the name of the petitioner and his wife ) in the O.P. Bank situated at Kalinga Nagar Branch , Duburi. Subsequently due to some disturbances with his wife  the petitioner requested the O.P. to credit his pension by opening a new account instead of crediting the same in the A/C No.10750913217. But the O.P. without releasing the pension of the petitioner in the new account seek clarification from the higher authorities regarding payment of pension of the petitioner  in the new A/C bearing No.31079680574 , for which two years had been passed. Thereafter the O.P. after receipt of the clarification on 30.04.2012 credited the pension amount of the petitioner amounting to Rs.10,19,136/- in the new A/C of the petitioner. Accordingly the petitioner has filed the present dispute against the O.Ps. alleging deficiency in service due to delay in crediting the pension amount with the prayer to award compensation of Rs.2,30,000/-  towards interest, monetary loss and mental agony.

                        After appearance the O.P. has filed the written version wherein it is stated by O.P. that the petitioner being an employee of defence had opened a S.B Account bearing No.10750913217  jointly which stands recorded in the name of the petitioner and his wife, which was in operation since 19.10.2010. Subsequently as per request of the petitioner  though the S.B A/C No. 10750913217 had been closed  but during the continuance of the service the petitioner had submitted the above S.B A/C number to higher authorities for which after retirement the retirement benefits including the pension was credited to the A/C No.10750913217. In the mean time the petitioner approached for opening a new A/C and after fulfillment the banking formalities the O.Ps. though allowed a new A/C bearing No.31079680574 but it was operated for a small period since it was closed as per request of the petitioner. Thereafter on 05.04.2011 the petitioner again approached for opening of a S.B A/C which was allowed vide S.B A/C No.31698971557. After opening of the S.B A/C the petitioner approached the O.P. to credit the pension in the said Account. Accordingly after getting clarification vide letter No.55/11-12 dt.19.10.2012 from the higher Authorities of the petitioner and after getting clarification from the accounts officer vide letter No.DCA/pen-III/misc/Task-11 office of the D.C.D.A (A.F)  Subrat Park  the O.P. credited the pension of the petitioner in the A/C No.31698971557. As such there is no deficiency in service in the part of O.P for which the dispute is liable to be dismissed.

                        After perusal of the record along with the documents in detail it is cristal clear that the petitioner has filed the present dispute alleging deficiency in service due to delay in crediting the pension in the new S.B A/C bearing No.31698971557 instead of pension S.B A/C bearing No.10750913217. As against such grievance from the side of the petitioner it is stated by O.P. that the pension of the petitioner was credited in the S.B A/C No.10750913217 submitted by the petitioner to his employer as well as the pension papers of the petitioner forwarded to the O.P. Subsequently as against the request of the petitioner to credit the pension in the S.B A/C No.3169891557, the O.P. asked clarification from the employer and finally after getting clarification from the employer of the petitioner credited the pension amount as prayed  by the petitioner .

Accordingly we are in the considered view that the O.P. being the banker of the petitioner is crediting the pension  of the petitioner not only  as per request  / prayer of the petitioner  but also with written advice of the employer of the petitioner. As such it can not be expected that the O.P will credit the pension of the petitioner as and when it is requested by the petitioner . However in the present case it is cristal clear that the pension of the petitioner has been credited in the S.B A/C as requested by the petitioner and for such delay in crediting the pension the O.P can not be held liable for which the  petitioner is not entitled for the interest as claimed in the complain petition.

                                                       O R D E R

                        In the result the  dispute is dismissed. No cost.

                  This order is pronounced in the open Forum on this the 12th day of January ,2015. under my hand and seal of the Forum.

                                                                                              (Miss Smita Ray)                                                         

 (Shri Biraja Prasad Kar )                                                        Lady  Member.                                                                      

            President.                                                  Typed to my dictation & corrected by me

                                                                                   

                                                                                        

 (Shri Pitabas Mohanty)                                                      (Miss Smita Ray)                                                         

       Member.                                                                           Lady  Member.                                                                      

      

       

           

 

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