Presents:-
- Sri P.Samantara, President.
- Sri G.K.Rath, Member.
Dated,Bolangir the 17th day of August 2015.
C.C.No.24 of 2012.
Mst. Rama Kumari Selma,age-57 years wife of late Haris Chandra Selma
Resident of Indiranagar of Bolangir Town, P.O/P.S/Dist- Bolangir.
.. Complainant.
-Versis-
1.Branch Manager, State Bank of India, Bolangir Branch,
At/P.O/P.S/Dist- Bolangir.
2.The Branch Manager,SBI ADB, Rayagada Branch.
At/P.O/P.S/Dist- Rayagada.
.. .. Opp.Parties.
Adv.for the complainant – Sri C.S.Mishra & P.R.Nag.
Adv.for the Opp.Parties - Sri A.K.Sarangi.
Date of filing of the case- 24.04.2012
Date of order - 17.08.2015
JUDGMENT.
Sri P.Samantara, President.
1. In the matter of an application u/s.12 of the C.P.Act. 1986, filed by the complainant alleging deficiency in service against the opp.parties.
2. In brief, the complainant is the wife of late Haris Chandra Selma bearing account No.11341993690 since 2005. The husband died on 03.03.2005 and the complainant getting a family pension of Rs 3,678/- being deposited at complainant’s account.
3. The complainant averred the O.P.1 is deducting Rs 2,500/- from her account in favour of O.P.2 without the knowledge and consent. She further came to know, the O.P is deducting @ Rs 2,500/- in each month since 01.10.2008 without any authorization. The complainant lodged written protest on dt.31.12.2011 on the said unauthorized deduction and in post protest not allowing any transaction causing great inconvenience .In total O.Ps have illegally and unauthorisedly deducted Rs 1,92,500/- .Praying same be refunded with 18% interest along with compensation that deems fit.
4. Pursuant to the notice, the O.Ps appeared and filed the version admitting complainant bears the account No.11341993690, the husband died on 03.03.2005 and complainant getting a family pension of Rs 3,678/- which is deposited in the petitioner account on regular basis and the deduction is made on basis oral consent of the complainant. On the other hand contended Harish Chandra Selma was a helper in GRID Co. Therubali had taken a flood loan of Rs 1,90,000/- on dt.16.02,2004 by signing irrevocable letter of credit to be repaid in 108 (EMI) of Rs 2,500/- each but he defaulted in repaying regularly so as per oral instruction of the complainant O.P.1 deducted Rs 2,500/- in every month from the family pension that deposited in the account of Haris Chandra Selma from dt.10.10.2008. So there is no deficiency of service at any point of time on the part of the O.Ps.
5. Again, the loan agreement provides, the loan amount may be realized from P.F.& Gratuity amount but after death, the amount has been deposited in the account of the complainant so the bank has the authority to realize as per her oral request.
6. Further discounted that the case is not maintainable, there is no cause of action and barred by limitation. Prayed the dismissal of the complaint petition and made direction to repay with all pendentelite.
7. Heard the learned counsels at both end. The O.P argued vehemently on the issue of cause of action and maintainability. Perused the records at hand and submissions at length.
8. On the out set we prefer to discuss that in the present case, it is admitted Family Pension has been deducted in each and every month since 2008, so the cause of action arises in each month so it is continuous one and does not suffer barred of limitation. Further the petitions both run a saving account and subsequent loan agreement by the decease is with the provision as defined u/s.2(g) and 2 (n) and 2(o) of the said C.P.Act. Rather it is not lawful each entity is a company but SBI is an one legal entity and the entity is within the purview of u/s.2(aa)-(i)(ii) of C.P. Act, that reads’-
- any establishment described as a branch by the opposite party or
- any establishment carrying on either the same are subsequently the same activity as that carried on by the head office of the establishment.
9. The O.Ps controverted on the basis irrevocable letter of authority clause (3) which reads;-
“In case my death, retirement, resignation or discontinuing the service for any reason, I hereby authorize you to pay an amount payable on my account including amount payable by way of terminal be like PF and Gratuity by reason aforesaid to SBI….. branch towards the balance outstanding in the aforesaid loan account together with interest costs and/or any monies as may be due to the bank in respect of the aforesaid loan.”
10. So the bank has the authority to deduct the amount but specifically admitting on oral instruction for which the case has been lodged. So it is also admitted, the bank has no authority under aforesaid irrevocable letter of credit and taking shelter on the oral request committing the deduction of Rs 2,500/- from meager Rs 3,678/- is unreasoned, illegal land arbitrary to the core, thus we found the O.Ps have every right to make deduct from the defined head P.F. and gratuity but not entitled to make deduction of Rs 2,500/- under oral instruction plea from account of the complainant that has accumulated out of receiving Family Pension funds receivable which is in principle has been declared not to be detained or restrained in the matter of recovery again the amount is meant for maintenance and necessary to enable her in surviving the livelihood-ness. Accordingly the entire gamut of story does not speak against the complainant rather the O.Ps have committed fault willfully being with the knowledge that deduction from others account requires written authorization not oral instruction as made admittedly under various pretext.
11. So, in view of the aforesaid discussion, we considerably allow the case as it is ample substantive. O.Ps at admitted negligence and not acted as per the RBI and Banking term & conditions along with principled guidelines.
Hence ordered;
ORDER.
The case is allowed on contest. The O.Ps are hereby directed to return all the stipends deducted to the account of the complainant and also allow to operate the functional transaction normally without any demur along with compensation of Rs 4,000/- (Rupees Four thousand) only, towards harassment, mental agony sustained and legal expenses, within 45 days of this order failing which interest @ 9% per annum will accrue on the sum held from the date of application till realization.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 17TH DAY OF AUGUST 2015.
I agree.
(G.K.Rath) (P.Samantara)
MEMBER. PRESIDENT.
