Tripura

West Tripura

CC/60/2017

The Tripura Retired Judge Association. - Complainant(s)

Versus

Chairman cum Managing Director, The UCO Bank & 9 others. - Opp.Party(s)

Mr.K.deb, Mr.S.Paul.

09 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  60  of   2017

The Tripura Retired Judges' Association,
Represented by 
Sri Dilip Kumar Daschaudhuri,
Being its Secretary having its 
Registered Office at Krishnanagar,
Nutan Palli,  Agartala, West Tripura.    ...….…...Complainant.

          VERSUS
          
      1. The UCO Bank,
Represented by its Chairman-cum- Managing Director,
10 BTM Road, Kolkata- 700 001, West Bengal,
(Notice to be served through The Zonal Manager of UCO Bank,
Agartala Tripura, Central Road, Agartala-799001, West Tripura).

      2. The Zonal Manager of UCO Bank,
Agartala, Tripura, Central Road,
Agartala- 799001, West Tripura.

      3. The Branch Manager, UCO Bank,
Agartala Branch, Central Road,
P.O. Agartala- 799001,
West Tripura.

      4. The Branch Manager, UCO Bank,
District Court Branch, P.O. Agartala- 799001, 
West Tripura.

      5. The Branch Manager UCO Bank,
TRTC Branch, P.O. Agartala- 799001, 
West Tripura.

      6. The State Bank of India,
Represented by its Chairman-cum-Managing Director,
Mumbai, Maharastra,
(Notice to be served through
The Regional Manager(Urban), S.B.I.,
Laxmi Narayan Bari Road(Near Jagannath Bari),
P.O. Agartala-799001, West Tripura.

      7. The Asst. General Manager, State Bank of India,
Centerised Pension Processing Centre,
Subham Greens Building, Third Floor,
Lokhra Chari Ali, NH 37, Guwahati- 781040.,
Assam.

      8. The Regional Manager (Urban), SBI,
Laxmi Narayan Bari Road(Near Jagannath Bari),
P.O. Agartala, -799001, West Tripura.

      9. The Asst. General Manager, SBI, Agartala Branch,
Paradise Chowmuhani, P.O. Agartala- 799001, West Tripura.

     10. The Chief Manager, SBI, TLA House, 
Agartala Branch, Colonel Chowmuhani, 
P.O. Agartala- 799001, West Tripura.    ..............Opposite Parties.
 

 __________PRESENT__________
 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER 
 DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C  O  U  N  S  E  L

For the Complainant            : Sri Subhrajit Paul,
                      Sri Koushik Datta,
                       Advocates.

For the O.P. 1, 2, 3, 4 & 5        : Sri Joydeep Paul,
                      Advocate. 

For the O.P. No.6, 7, 8, 9 & 10     : Sri Amritlal Saha,
                      Sri Kajal Nandi,
                      Sri Abheek Saha,
                      Advocates.

                    
JUDGMENT  DELIVERED  ON: 09.10.2017.

J U D G M E N T
        This case arises on the petition filed by one Dilip Kumar Das Chaudhuri, Secretary of Tripura Retired Judges' Association, registered office at Krishnanagar. Petition filed U/S 12 of the Consumer Protection Act. Petitioner's case in short is that O.P. UCO Bank and State Bank of India being scheduled Banks are doing business in Tripura State and many Judicial officers of Tripura are drawing their pensions from the O.P. Banks. Time to  time of Central DA was     sanctioned in favour of the judicial officers by the appropriate government. Up to month of June, 2016 the Retired Judicial officers of Tripura Judicial Service were paid DR @125% of the basic pension as sanctioned by the  Central Government and on Administrative approval accorded by the Govt. of Tripura.  Thereafter Central govt. enhanced DR from 125% to 132% under its memorandum dt. 9th November, 2016. Govt. of Tripura accorded Finance Department administrative approval on 02.12.16 giving effect of enhancement on 1st July 2016. But the UCO Bank and State Bank of India did not arrange the payment of arrear or enhanced payment from 01.07.16  to 31.06.17 as arrear. Several times representation was sent from the Association. On 13.04.17 after approval of the Govt. more than 4 months lapsed. But the O.P. Banks did not arrange for the payment. 7% enhancement DR not paid from 1st July, 2016. Again the DR was enhanced from 132% to 134% from 01.01.16 but that enhanced amount also not paid by the UCO Bank and State Bank. Petitioner therefore claimed for compensation for the deficiency of service of both the banks. 

2.        Written objection filed by State Bank of India and also UCO Bank. SBI stated that the bank has already disbursed the amount to the complainant.

3.        UCO Bank in the written statement stated that they have no deficiency of service at all.

4.        On the basis of contention raised by the both the parties following points cropped up determination;
        (I) Whether there was deficiency of service by the O.P.? 
        (II) Whether the petitioner is entitled to get compensation?
5.        Petitioner produced the photocopy of bank Account, Memorandum of the finance Department, other letters and petitioner also produced the statement of affidavit.

6.        O.P. banks on the other hand declined to give any evidence. 

7.        On the basis of all these evidence  we shall now determine the above points.

            Findings and decision:
8.        Petitioner in his evidence stated that the Finance Department, Govt. of Tripura approved DA/DR from 125% to 132% under its memorandum dt. 02.12.16. It is also stated that representation for payment of DR was sent by the Association. It is also stated that Finance Department, Govt, of Tripura enhanced DA from 132% to 136 % on 3rd May, 2017 and effect given from 1st January, 2017. On 23.05.17 being Secretary he sent letter to the O.P. by registered post. 

9.        In the cross examination petitioner stated that DR given effect from 10.07.16 was  paid on 08.07.17 after one year. DR due from 01.01.17 was paid by SBI after 7 months on 10.07.17. 

10.        We have gone through the pass book of the petitioner and found that DR paid after one year on after sanction of the approval of Finance Department, Govt. of Tripura. O.P. did not give any evidence to refute the claim of the petitioner. 

11.        Petitioner filed this case as a representative for the retired Judicial Officers Association. It is admitted and established fact that on 22 December 2016, Joint Secretary, Govt. of Tripura issued the Memorandum for enhancement of DA from 01.07.16. DA was enhanced by the Ministry of Finance, Central Govt. on 9th November, 2016. So the memorandum issued by State Govt. of 22nd December was sent to both the SBI and UCO Banks but they did not take any step for payment of the enhanced dearness allowance. Petitioner being secretary of the Association sent 2 letters on 13th April by courier post. The letters of the courier was received. O.P. banks did not deny the receipt of that letter also. Inspite of that O.P. banks admittedly made 7 months delay in making payment of DR. This is inordinate delay. The Judicial officers did not get interest over the huge amount. They were entitled to get this with effect from December 2016. Thereafter dearness allowances again enhanced giving effect from 01.01.16. it was paid on 01.07.16. It is also inordinate delay about 6 months. It is true that bank is to process for the payment of enhanced amount. But in this age of technology they should not take more than 2 months for processing. Total number of Retired Judicial officers is below 100. Inspite of that they took more than 6 months time for processing and arranging payment. After filing of this case enhanced DR was paid. This is deficiency of service by both the banks.  We consider that the members of Association of Retired Judicial Officers are entitled to get interest over the enhanced amount after 3 months from the date of approval for enhancement for enhanced amount from 125% to 132% from 22.12.16. They are also entitled to get interest @7% P.A. after expiry of 3 months from December, 2016 over the 7% enhancement. They are also entitled to get 7% interest over the enhanced DR after expiry of 3 months from the date of approval given by Finance Department, Govt. of Tripura. However, this direction is given effect prospectively. We also direct the O.P. Banks to pay compensation amounting to Rs.5,000/- and also Rs.5,000/- for litigation cost to the petitioner for their deficiency of service. Both the points are decided accordingly. 

12.        We direct the O.P. banks to pay interest @ 7% P.A. to all Retired Judicial Officers of Tripura after 3 months time taken for processing @ 7% P.A. from the date of approval given by finance Department, Govt. of Tripura henceforth in case of delay again and also direct Banks to pay compensation amounting to Rs.10,000/- to the petitioner, Secretary of the Retired Judicial Officers Association of Tripura Judicial Services.  

   
Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.