Delhi

West Delhi

CC/14/26

Kavita Sharma - Complainant(s)

Versus

Canara Bank - Opp.Party(s)

24 Feb 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 26/2014

 

KAVITA SHARMA

W/o Lt. COL. SANJEEV SHARMA

D/o Lt. SH. SWAROOP CHAND SHARMA,

R/o 224, JAWAHAR LAL CGHS,

SECTOR 5, PLOT-9, DWARKA,

NEW DELHI-110075.                                                       ….. Complainant

 

V E R S U S

MANAGER/SENIOR MANAGER

CANARA BANK

ADD- B-8,9,10, SHOPPING CENTRE,

TAGORE GARDEN BRANCH,

NEW DELHI-110027.                                                       ….. Opposite Party

 

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

 

        The complainant has filed the present complaint against OPs under section 12 of the Consumer Protection Act, 1986. Brief facts for the disposal of the present complaint are that the complainant is widow of the Commissioned Officer in the Indian Army and was granted Special Family Pension which was to be credited directly into the Pension Account bearing No. 0391101040351 maintained by the OP Bank at Tagore Garden, New Delhi. It is asserted that the Special Family Pension was non-taxable but OP Bank deducted a sum of Rs. 12,574/- as Income Tax for the financial year 2005-06 from her account. On 08.09.2011 a sum of Rs. 1,56,590/- was also debited from the account of the complainant by OP without any reason. Thereafter, the complainant approached OP to clarify about the amount deducted but OP neither replied nor credited the amount Rs. 12,574/- and Rs. 1,56,590/- respectively. It is averred that the Special Family Pension which was granted from CDA Allahabad from 2006 to 2011 was not given by the OP Bank. The complainant was made to run from pillar to post and the OP arbitrarily deducted Rs. 12,574/- and Rs. 1,56,590/- respectively. The complainant served legal notice dated 08.12.2011 to the OP and thereafter finally on 11.01.2012 OP credited the amount of Rs. 13,76,745/- in pension account of the complainant and also issued a letter dated 11.01.2012 alongwith calculation sheet for the same. The amount illegally hold by the OP Bank was given without interest and complainant requested bank to pay interest on the illegal deduction of the pension. After 6^th Pay Commission, the complainant approached OP Bank to clarify about the total amount of Special Family Pension but the same was neither intimated nor credited the complete Special Family Pension in the account of the complainant. There is deficiency in service on the part of OP. Hence, the present complaint.

          After notice of the complaint, none put in appearance on behalf of OP and accordingly was proceeded ex-parte vide order dated 19.10.2015.

          When the complainant was asked to file evidence, he filed ex-parte affidavit of evidence reiterating the facts on oath and relied upon copy of pass book of the Family Pension account is EXHIBIT-CW1/1(OSR), copy of the legal notice dated 08.12.2011 is EXHIBIT-CW1/2(OSR), copy of the postal receipts through which the legal notice dated 08.12.2011 is EXHIBIT-CW1/3(Colly)(OSR), copy of the letter dated 11.01.2012 alongwith the calculation sheet is EXHIBIT-CW1/4(OSR), copy of letter No. 17(4)/2008(1)/D/(Pen/Pol) Vol-V, dated 15.02.2011, Circular No. 456, dated 18.03.2011, Circular No. 22.02.2013 is EXHIBIT-CW1/5(Colly), copy of RTI, dated 16.12.2015 along with postal receipt is EXHIBIT-CW1/6(OSR), copy of reply dated 14.01.2016 by the office of the Principal Controller of Defence Accounts(Pensions), Allahabad is EXHIBIT-CW1/7, copy of the Circular No. 397, dated 18.11.2008, 456 dated 18.03.2011 and 503 dated 17.01.2013 are EXHIBIT-CW1/8(Colly).

          The controversy involved in the present case is in a narrow campus is as to whether the complainant is entitled for the relief, she sought. From the perusal of the documents it reveals that the OP bank has credited Rs. 13,76,745/- in the account of the complainant on 11.01.2012 for the period of 2006 to 2012, almost after 6 years. Moreover, the documents reveals that under section 10(19) of Income Tax Act, the Special Family Pension is exempted from the Tax but the OP despite that deducted Tax of Rs. 12,574/- for the financial year 2005-06. Further, it is also reveals from the documents, the OP deducted Rs. 1,56,590/- from the account of the complainant as shown excess without assigning any reasons. The version of the complainant remains unchallenged and unrebutted as OP chose not to appear in the present case and defend its version. There is no reason to disbelieve the version of the complainant which is testified on oath. Hence, OP is negligent and deficient in service by not crediting full Special Family Pension for the year 2006 to 2012 and also negligent in deducting the tax on the Special Family Pension for the year 2005-06 which is exempted as per under section 10(19) of the Income Tax Act.

Keeping in view above discussions anpd observations, we direct OP as under:-

1. To Refund Rs. 12,574/- alongwith interest @ 6% per annum from the date of deducted the amount till actual realization.
1. To Refund Rs. 1,56,590/- alongwith interest @ 6% per annum from the date of deduction of the amount till actual realization.
1. To Pay interest @ 6% per annum from 01.01.2006 to 10.01.2012 on the amount of Rs. 13,76,745/- which was credited in the account of complainant.
1. To Pay Rs. 40,000/- as compensation for mental agony, physical and financially harassment who is widow of an Army Officer.
1. This order shall be complied within 45 days from the date of order failing which OP shall be liable to pay further interest @ 6% at Sr. No. iv i.e. Rs. 40,000/- for the period of default.

File be consigned to Record Room.

Copy of this order be given as per rules.

Pronounced on _______24_______ February, 2020.

 

          (PUNEET LAMBA)                    (S.S. SIDHU)                    (K.S. MOHI)

              MEMBER                                MEMBER                      PRESIDENT