THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 515 of 2014
Date of Institution : 19.9.2014
Date of Decision : 1.10.2015
Bablu Kumar S/o Late Muni Lal r/o House No. 1592, Gali Mandir Wali, Faizpura, Nai Abadi, Amritsar
...Complainant
Vs.
The Manager, Indian Overseas Bank, Hall Bazar, Amritsar
The Manager, Indian Overseas Bank, Green Avenue, Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Inderjit Lakra, Advocate
For the opposite parties : Sh.P.K.Modi,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Bablu Kumar under the provisions of the Consumer Protection Act alleging therein that her mother Smt. Biro Devi alias Biro Rani, was serving as labour in the Army . She died during service on 27.2.2009 leaving behind the complainant as her legal heir/ LR , as such complainant is entitled for the entire service benefits i.e. amount of gratuity, pension etc. The complainant approached the Army authorities for the release of gratuity and pensionary benefits of deceased Biro Devi alias Biro Rani which were duly sanctioned and approved by the Army authorities. The Army authorities issued letter dated 7.6.2013 to the opposite parties intimating and certifying that the complainant is the son of T/130 labour late Biro Devi, her family pension pay order dated 20.12.2010 and corrigendum dated 14.5.2013 was forwarded to the opposite parties in original and they were directed to transfer the same to the account of the complainant bearing No. 035201000011291 and to make the payment to the complainant. The requisite documents were also sent to the opposite parties by the Army authorities alongwith the said letter giving fully details, copy of the same were also sent to the complainant. Opposite party No.1 was requested to make the payment to the complainant. Amount of Rs. 1,02,000/- towards gratuity of late Biro Devi is payable to the complainant besides amount of pension so approved and sanctioned by the Army authorities , but the opposite parties have illegally with-held the said amount. The complainant approached the opposite parties so many times and presented the requisite documents to them requesting them to release the entire amount of gratuity etc., to the complainant , but the opposite parties put off the matter on one pretest or the other and did not release the amount of gratuity to the complainant. Complainant also served a legal notice dated 2.9.2014 upon the opposite parties but they failed to comply with the same. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to make payment of the entire amount payment in respect of gratuity, pensionary benefits etc., oflate Biro Devi alongwith interest. Compensation of Rs. 2,00,000/- alongwith litigation expenses were also demanded.
2. On notice, opposite parties appeared and filed written version in which it was submitted that the complainant has filed the present complaint for seeking amount on account of service benefits of his mother being her only legal heir. The said amount infact was to be paid by the department concerned of Ministry of Defence and was only meant/disbursed through the financial institution. It was submitted that earlier the complainant has opted to receive the aforesaid benefits of his mother to be received through HDFC Bank, Court Road, Amritsar as per the orders circulated by the department concerned of Ministry of Defence for disbursement of the amount but later on the complainant got changed the name of the financial institution in the payment orders for disbursement as Indian Overseas Bank. The payment after verification was to be disbursed to the complainant by the Head Quarters of Indian Overseas Bank, Chennai through the Green Avenue Branch,Amritsar. The orders for disbursement could have been passed only by the Head Quarters on submission of non payment certificate of gratuity which as per initial orders by the concerned department, were ordered to be disbursed through HDFC Bank, Court Road, Amritsar. So non payment certificate from the HDFC Bank, Court Road, Amritsar was necessary before releasing the amount of gratuity of the mother of the complainant, to the complainant. Said non payment certificate by the HDFC Bank,Court Road,Amritsar was issued on 15.10.2014 favouring the complainant . Thereafter the amount as per orders of the department were transferred for disbursement to the account of the complainant on 16.10.2014 and information for disbursement was given to the complainant vide letter dated 17.10.2014 by the opposite party bank. The complainant after receiving the said information has withdrawn the amount of gratuity so transferred from the account of department concerned to the account of the complainant after submission of no payment certificate from HDFC Bank. . The debit entry was made to the account of the department at the same time when the credit entry was made to the account of the complainant. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-6.
4. Opposite party tendered affidavit of Sh.R.S.Dinkar, branch manager Ex.OP1 alongwith documents Ex.OP3 to Ex.OP4.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that Biro Devi alias Biro Rani mother of the complainant was serving as labour in the Army. She died during service on 27.2.2009 leaving behind the complainant as her legal heir/ LR , as such complainant is entitled for the entire service benefits i.e. amount of gratuity, pension etc. The complainant approached the Army authorities for the release of gratuity and pensionary benefits of deceased Biro Devi alias Biro Rani which were duly sanctioned and approved by the Army authorities. The Army authorities issued letter dated 7.6.2013 Ex.C-2 to the opposite parties intimating and certifying that the complainant is the son of T/130 labour late Biro Devi, her family pension pay order dated 20.12.2010 and corrigendum dated 14.5.2013 was forwarded to the opposite parties in original and they were directed to transfer the same to the account of the complainant bearing No. 035201000011291 and to make the payment to the complainant. The requisite documents were also sent to the opposite parties by the Army authorities alongwith the said letter giving fully details, copy of the same were also sent to the complainant. Opposite party No.1 was requested to make the payment to the complainant. Amount of Rs. 1,02,000/- towards gratuity of late Biro Devi is payable to the complainant besides amount of pension so approved and sanctioned by the Army authorities , but the opposite parties have illegally with-held the said amount. The complainant approached the opposite parties so many times and presented the requisite documents to them requesting them to release the entire amount of gratuity etc., to the complainant , but the opposite parties put off the matter on one pretext or the other and did not release the amount of gratuity to the complainant. As such the complainant has suffered inconvenience, harassment and loss of interest on the amount of gratuity and other pensionary benefits. The complainant also served legal notice dated 2.9.2014 Ex.C-6 upon the opposite parties, but even then the opposite parties did not pay any heed to the request of the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainant.
7. Whereas the case of the opposite parties is that the complainant has filed the present complaint for seeking amount on account of service benefits of his mother being her only legal heir. The said amount infact is to be paid by the department concerned of Ministry of Defence and was only meant/disbursed through the financial institution. Earlier the complainant had opted to receive the aforesaid benefits of his mother to be received through HDFC Bank, Court Road, Amritsar as per the orders circulated by the department concerned of Ministry of Defence for disbursement of the amount. Later on the complainant got changed the name of the financial institution in the payment orders for disbursement as Indian Overseas Bank. The payment after verification was to be disbursed to the complainant by the Head Quarters of Indian Overseas Bank, Chennai through the Green Avenue Branch,Amritsar. The orders for disbursement could have been passed only by the Head Quarters on submission of non payment certificate of gratuity which as per initial orders by the concerned department, were ordered to be disbursed through HDFC Bank, Court Road, Amritsar. So non payment certificate from the HDFC Bank, Court Road, Amritsar was necessary before releasing the amount of gratuity of the mother of the complainant, to the complainant. Said non payment certificate Ex.OP2 by the HDFC Bank,Court Road,Amritsar was issued on 15.10.2014 favouring the complainant . Thereafter the amount as per orders of the department were transferred for disbursement to the account of the complainant on 16.10.2014 and information for disbursement was given to the complainant vide letter dated 17.10.2014 Ex.OP3 by the opposite party bank. Ld.counsel for the opposite party submitted that in these circumstances there is no deficiency of service on the part of the opposite parties qua the complainant.
8. From the entire above discussion, we have come to the conclusion that mother of the complainant namely Biro Devi alias Biro Rani was serving as labour in the Army. She expired during service on 27.2.2009. The complainant being the only son of Biro Devi is the only legal heir/LR of Biro Devi , as such he is entitled to all the pensionary benefits including amount of gratuity Rs. 1,02,000/- of his mother Smt.Biro Devi. The concerned department of Army issued letter to the opposite party bank on 7.6.2013 Ex.C-2 in which it has been categorically mentioned that the complainant is the son of late Biro Devi , her family pension pay orders alongwith corrigendum has been received from CDA Bank Allahabad and was forwarded to the opposite party bank alongwith relevant documents i.e. PPO Ex.C-4 and to transfer the same to his account No. 035201000011291 and opposite party No.1 bank was requested to make the payment to the complainant and copy of this letter was sent to opposite party No.2 as well as to the complainant. On the basis of this letter, opposite party No.1 was bound to credit the amount of gratuity in the account of the complainant immediately or within a reasonable time on receipt of this letter dated 7.6.2013 Ex.C-2. But opposite party No.1 did not credit this amount of gratuity and other pensionary benefits of Smt.Biro Devi in the account of the complainant despite so many requests made by the complainant and despite service of legal notice dated 2.9.2014 Ex.C-6.
9. Opposite party has taken plea that earlier the complainant has opted to get the pensionary benefits of his mother in his account in the HDFC Bank. The opposite party demanded non payment certificate from HDFC Bank, so that double payment may not be made and they received the said certificate from HDFC Bank Ex.OP2 on 15.10.2014 and on 16.10.2014, opposite party No.1 credited this amount of gratuity in the account of the complainant. This plea of opposite party No.1 is not tenable because the complainant has changed his option of bank for payment of pensionary benefits of his mother and the department has authorized the opposite party bank to make payment of the pensionary benefits of the mother of the complainant, to the complainant in the account of the complainant in opposite party bank i.e. Indian Overseas Bank and the concerned department vide letter dated 7.6.2013 directed the opposite party bank to make the payment of the gratuity and other pensionary benefits of the mother of the complainant, to the complainant in the account of the complainant in the opposite party bank. So it was a clear cut direction to the opposite party bank by the concerend department of Army to make the payment of amount of gratuity and other pensionary benefits of the mother of the complainant, to the complainant and credit the said amount in the account of the complainant in the opposite party bank i.e. Indian Overseas Bank. So there was no necessity for the opposite party bank to get non payment certificate from HDFC Bank. As such opposite party has delayed the payment of the gratuity amounting to Rs. 1,02,036/- to the complainant for a period of more than one year and four months and they credited this amount of Rs. 1,02,036/- in the saving bank account of the complainant in the account of the complainant in the opposite party bank on 16.10.2014 as is evident from the letter of the opposite party bank dated 17.10.2014 Ex.OP3. So all this amounts to deficiency of service on the part of the opposite party bank qua the complainant.
10. Resultantly we hold that complainant is entitled to interest on this amount of Rs. 1,02,036/- @ 9% p.a from the date the opposite party bank had received letter from the concerned authorities of Army dated 7.6.2013 Ex.C-2 till the payment is credited to the account of the complainant on 16.10.2014.
11. Resultantly this complaint is disposed of with the directions to the opposite parties bank to pay interest on the amount of Rs. 1,02,036/- @ 9% p.a from 7.6.2013 till 16.10.2014. Opposite parties bank are also directed to pay litigation expenses Rs. 2000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Complaint could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
1.10.2015 (Bhupinder Singh)
President
(Kulwant Kaur Bajwa)
/R/ Member
