Tamil Nadu

North Chennai

CC/153/2016

A.Chandrabushanam - Complainant(s)

Versus

Indian Overseas Bank the Manager - Opp.Party(s)

party in person

30 Jun 2017

ORDER

 

                                                            Complaint presented on:  26.08.2016

                                                                Order pronounced on:  30.06.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

                                    FRIDAY THE 30^th DAY OF JUNE 2017

  

  C.C.NO.153/2016

 

A.Chandrabushanam,

76, Years Old, Senior Citizen of India, (Registed No)

Retired supt. P.W.D.Chennai – 05,

E-Block, No:223, MMDA Colony,

Arumbakkam, Chennai – 106.

 

                                                                                    ….. Complainant

 

..Vs..

The Manager,

Indian Overseas Bank,

Arumbakkam,

MMDA Nagar,

Chennai – 600 106.

.....Opposite Party

Date of complaint                                 : 30.09.2016

Counsel for Complainant                      : Party in Person

Counsel for Opposite Party                      : K.Balajee and S.Kavitha

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant  to direct the Opposite Party to disburse the eligible commutation  arrears of pension for 27 months i.e Rs.1,442 X 27 =  Rs.38,934 and also compensation of Rs.1,00,000/- for causing mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant is a pension holder and he is having Savings Bank Account No. 8641 with the Opposite Party bank. The pension amount was credited in the above said account. The pension account was changed from public banking system to pilot system through pay and account office, Chennai -6. The Opposite Party bank has not disbursed his pension arrears amount of Rs.1,442/- per month for the period 29.01.2014 to 31.05.2016 for 27 months amounting to Rs.38,934/-.  The Opposite Party bank has recovered Rs.1,442/- even without giving pension arrears of Rs.38,934/-. The Complainant made appeal to the Opposite Party to credit the arrears, however, the same ended in vain. Therefore, the Complainant prays to direct the Opposite Party to disburse the eligible commutation  arrears of pension for 27 months i.e Rs.1,442 X 27 =  Rs.38,934 and also compensation for Rs.1,00,000/- towards causing mental agony with cost of the Complaint.   

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

      The Complainant retired on 20.11.1998 and received his first pension on 30.12.1998 and the Complainant commuted a portion of his pension a sum of Rs.1,442/- per month for 15 years. He is eligible for restoration of the commuted pension amount in the month of January 2014.   The Complainant received correct pension amount for the period December 2013 to till May 2016 and there was no deduction of Rs.1442/- as claimed by him, as per his Statement of Account. The Complainant received the correct pension including the restoration of commutation value from 2013 to till May 2016 as per pension rules. Thus, there is  no commuted arrears pending in respect of the Complainant pension account. Hence the Opposite Party has not committed any deficiency in service and prays to dismiss the Complaint with cost.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          Admittedly the Complainant is having his Savings Bank Account bearing No.8641 with the Opposite Party bank and the Complainant retired on 30.11.1998  and he received his first pension on 31.12.1998 after the first payment of pension and fixed the commutation amount as Rs.1,442/- per month for 15 years and after completion of 15 years, the Complainant is eligible for restoration of pension from January 2014 only and the Complainant changed from public banking system (PBS) to pilot system through pay and accounts office, Chennai – 6.

          5. The case of the Complainant is that the Opposite Party has not credited commuted amount of Rs.1,442/- for the period of 27 months from 29.01.2016 to 31.05.2016 for a sum of Rs.38,934/- and then the Complainant is entitled for such commutation arrears or pension amount from the Opposite Party and therefore, the Opposite Party failed to credit such amount has committed deficiency in service.

          6. The Opposite Party would reply that the Complainant is entitled for restoration of commuted portion only from January, 2014 and however, the Opposite Party wrongly restored a sum of Rs.1,442/- and credited the said sum of pension amount of Rs.15,587/- in the Complainant account on 31.12.2013 and the said sum of Rs.1,442/- was removed on 09.09.2016 from the account of the Complainant and thereafter from January 2014 onwards, the committed amount of Rs.1,442/-  was restored to his account and therefore, the Opposite Party has committed deficiency in service.

          7. It is not in dispute that the Complainant is entitled for restoration of the commuted amount of Rs.1,442/- in his pension with effect from January, 2014. Ex.B2 is the statement of the account of the Complainant for the period November 2013 to 26.10.2016. In that statement for the months of October & November 2019 his pension amount of Rs.14,145/- per month was credited in his account. Likewise, the Complainant is also entitled the pension amount of Rs.14,145/- for the month of December, 2013. However, for the said month a sum of Rs.15,587/- was credited with excess of Rs.1,442/-. This excess amount was only recovered from the account of the Complainant. Thereafter, from the month of January, 2014 onwards with commuted amount of Rs.1,442/- was restored and credited along with his pension of Rs.14,145/- a sum of Rs.15,587/- and thereafter. Therefore, as per Ex.B2 the Opposite Party credited the pension to the Complainant, what he is entitled and no deficiency committed by him and hence, it is held that the Opposite Party has not committed deficiency in service.

 

 

         

08. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 30^th day of June 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 29.08.2016		Statement of Saving A/c.No 8641 IOB MMDA Chennai – 600 006.
Ex.A2 dated 01.12.1998		Payments pension W.ef 1.12.98 vide letter No.PPO/PEN/PSB/1558/1.12.98
Ex.A3 dated 29.06.2016		P.S.B/PPO.No C40711/P.W Restoration commutation vide Letter No PPO/Pen/PSB/RZ/10762/2016 dated 29.06.2016 pension pay Office. Chennai – 06
Ex.A4 dated 24.08.2016		Letter No 16505/2016/ T2/22.08.2016
Ex.A5 dated 01.06.2016		Commutation of TNSC to A.Chandrabushan PPO.NO C 40711/PW & IOB MMDA Chennai 406 to pension pay officer Chennai – 6
Ex.A6 dated 06.07.2016		Payment of pension through ECS to TNSC pensioner IOB MMDA Chennai – 106
Ex.A7 dated NIL		To pension pay officer Chennai – 6 Receive to IOB MMDA Complaint against IOB MMDA and sent to P.A.O Chennai – 6
Ex.A8 dated 05.12.2016		Bank fined 1.5 lakhs as terimites eat with sale deed times of India New paper cutting dated 05.12.2016
Ex.A9 dated NIL		1944 Tamilnadu Commutation pension act Rules 1944
Ex.A10 dated 27.04.2016		Intimation letter IOB MMDA by form pension pay Chennai – 6  dated 27.04.2016
Ex.A11 dated 04.09.2015		Letter to Manager IOB MMDA along with original pension proof No C40711 PW half of the original pension book in my custody and acknowledgement obtained by manager IOB Date 04.09.2015
Ex.A12 dated 05.12.2016		A copy of Accountant General Commutation amount intimation  to Chandrabushnam Nill pension 15.04.1985/8864/1617/C40711/156/83856 05.12.2016

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

 

Ex.B1 dated NIL                            Pension details from November 2013 till May

                                                           2016

 

Ex.B2 dated NIL                            Statement of Accounts    

 

 

 

MEMBER – II                                                               PRESIDENT