DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.

Smt. Usha Batra

W/o Late Shri Balwant Rai Batra

R/o 1234, Pocket-C

Lok Nayak Puram

Bakkarwala

New Delhi-110041.                                                       .…Complainant

                                                VERSUS

Chief Manager

Central Bank of India

Vikas Sadan, Block-C

INA Market, DDA Complex

New Delhi-110023

Chief Controller (Pensions)

Central Pension Accounting Office

Trikoot-II, Bhikaji Cama Place

New Delhi-110066.                                                      ….Opposite Parties

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Sh. U.K. Tyagi, Member

ORDER

Date of Institution: 23.07.2018

Date of Order       : 19.10.2022

Member: Shri U.K.Tyagi

Complainant vide its complaint has requested to pass an order directing the Chief Mnanager, Central Bank of India,, Vikas Sadan, INA Market (hereinafter referred to as OP) to pay the dues of pension, DA around Rs.16,500/- (i) a difference of around Rs.400/-; medical allowance etc. and Rs.20,000/- as compensation and Rs.6,000/- as costs etc.  there is mention on the complaint itself that “Please dorp these parties at Sr. No. 2, 3 & 2”. This Commission also vide its order dated 29.08.2018 made the OP-1 only necessary as party.

          Brief facts of the case are as under:-

The complainant after death of her husband – pensioner became entitled for family pension which was to be paid by Central Bank of India.  As per CPAO SAS no.417363 dated 21012.2004, the family pensioner was entitled for basic family pension of Rs. 3594/-per month plus DA as per 6^th Pay Commission.  The copy is enclosed with complaint.  The above stated Bank started paying basic pension at Rs.3500/-plus DA instead of Rs.3594 plus DA.  The OP Bank continued its mistake to pay the pension of Rs.9,000/- per month plus DA as per 7^th Pay Commission whereas the family pension is Rs.9237/- plus DA.

That the CPAO issued a SAS order No.2047497/A5 dated 06.03.2017 on the basis of amendment letter No.2375 dated 13.10.2016of PAO-XI.  This was further rectified by issuance of SAS No.2938197/A7 dated 06.02.2018 of CPAO.  The complainant realised in June, 2017 that she is getting lesser pension so she wrote letter to the OP-Bank.  The OP-Bank passed the responsibility on Central Pension Processing Centre verbally.  After lot of follow-up,; the complainant got pension and arrears in Sept. 2017.  In Oct. 2017 the Bank paid corrected pension but debited Rs.16,522/- from family pension’s account which was to be paid.  As a result of this, unauthorised debit entry of the Bank, the pensioner was denied the arrears from July 2010 till Sept. 2017.  The complainant took up the matter with Banking Ombudsman in Feb. 2018.  The Ombudsman after two months intimated that complaint is rejected not being in accordance with clause 8. The family pensioner was neither explained the clause 8 nor gave opportunity to represent her case.  It is also alleged that the OP Bank did not credit DA @Rs.87/- per month for the month of Jan, Feb., & March 2011 on 30.04.2011 making overall short payment of Rs.400/-.  The complainant also made mention that OP-Bank is no providing the bank-statement for verification of medical allowance of her husband and account No.1014040281 for the period 01.07.2003 till 30.06.2010.

          OP did not give its appearance on 04.01.2019, 18.03.2019 and 24.04.2019.  So the OP was declared ex-parte vide this Commission’s order dated 30.04.2019.  As mentioned above, other OPs were dropped on the request of AR of the complainant and notice was sent to the OP-Bank only.

          The complainant has filed evidence-in-affidavit. Also attended this Commission alongwith AR on 13.07.2022.  After hearing the oral arguments, case was reserved for orders.

          After going through the material placed on record, more particularly the SAS orders issued by Central Pension Accounting Office (CPAO) from time to time, this Commission based its decision on the above mentioned orders of CPAO. Accordingly, OP-Bank is directed to release/credit the amount of Rs.16,500/- in the family pensioner’s account as determined by the OP – Bank itself in Oct. 2017 which was to be paid as arrears from July, 2010 till Sept.2017.  Also provide copy of Bank statement in respect of her husband to ascertain the amount of medical allowance.  If medical allowance is due, the same may be  allowed.  Rs.400/- as arrear of DA for the month of Jan., Feb. and March 2011 alongwith Rs.5,000/- as compensation is also granted to the complainant. The whole exercise should be completed within 3 months from the date of receipt of this order failing which, the amount of Rs.5,000/- shall be levied on the OP bank for further disbursal to the complainant.

File be consigned to the record room after giving copy of the order to the parties as per rules.