Orissa

Kendrapara

CC/49/2019

Pramod Kumar Nayak - Complainant(s)

Versus

Chief Manager, - Opp.Party(s)

Sri Pramod Ku.Nayak & Associates

01 Nov 2022

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/49/2019
( Date of Filing : 03 Oct 2019 )
 
1. Pramod Kumar Nayak
S/o- Late Batakrushna Nayak At- Basupur Po- Karilopatana Ps/Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Chief Manager,
State Bank of India Main Branch At/Po/Dist-Kendrapara
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Prabodha Kumar Dash PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Pramod Ku.Nayak & Associates, Advocate for the Complainant 1
 Sri Ramesh Prasad Lenka & Associates, Advocate for the Opp. Party 1
Dated : 01 Nov 2022
Final Order / Judgement

MR. BIBEKANANDA DAS, MEMBER:-                 

                    The C.C. Case No. 49/2019 is taken up today for order. Heard the Ld. Counsels for both the parties. Perused the documents available on record. Only grievances of the Complainant for claim of interest i.e, from dt. 28.12.2018 to 19.09.2019 arising out of payment of gratuity amount Rs. 1,88,789/- which was already received by the Complainant.

Brief Fact:-

                  Admittedly the Complainant is a retired Senior citizen entitle to gratuity of Rs. 1,88,789/- as per the AG Odisha, Bhubaneswar. But same is released by the Op-bank after delay of nearly 8 months.

  1. Undoubtedly the senior citizen having SB A/C holder. At the present case in hand that there was delay for 8 months which is deficiency in service committed by the Op-Bank.
  2. The Op-Bank and its CPPC branch at Bomikal, Bhubaneswar both are belong to Nationalized Bank and single unity for banking service one Op-branch can’t exempted from its liability putting fault on others branch. Both the branches are liable for deficiency in service for delay of 8 months for disbursement of gratuity amount of the Complainant.
  3. There is a payment order from Dist. Treasury Office, Kendrapara regarding payment for gratuity of the Complainant and the same order issued by principal AG, Odisha. There was a clear order of the executives to pay the Complainant same gratuity amount, whatever delay latches, delay, negligence caused by the Op-Bank with its other branch CPPC. SBI, Bomikal for which the Complainant shall not be prejudiced & cause mental agony for around 8 months. It is quite injustice on part of Op-Bank to held up the gratuity amount of senior citizen for nearly 8 months.  Both the Op-Bank & CPPC are jointly and severally liable for delayed disbursement. Through the Complainant not made party to CPPC,SBI, Bomikal but as per the written version of Op-Bank the appropriate branch for releasing pension/gratuity of the Complainant.
  4.  The Complainant could have received the same from dt. 28/12/2018 but received in SB A/C on dt. 19/09/2019 and the same is more than 8 months delay during which the Complainant harassed a lot in his old age. Therefore Op-Bank liable to pay appropriate interest & exercise all legal formalities to realize the same from CPPC,SBI, Bomikal.

                                                ORDER

                     Taking into facts & issues involved the Op-Bank is liable to pay interest for delay of 8 months at the present rate of interest of SB A/C to the Complainant and exercise all its legal remedies available against CPPC,SBI, Bomikal to realize the same within a period of 45 days from the date of receipt of this order. The C.C.Case is allowed and no order as to cost.

                       Issue extract of the order to the parties for compliance.                  

          Pronounced in the open Court, on this the 1st day of November,2022.           

                                I agree

                                   Sd/-                                        Sd/-            

                            PRESIDENT                          MEMBER

 
 
[HON'BLE MR. Prabodha Kumar Dash]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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