Delhi

New Delhi

CC/425/2016

Ramanayak Tiwari - Complainant(s)

Versus

Indian Overseas Bank - Opp.Party(s)

29 Nov 2017

ORDER

 

                                              CONSUMER DISPUTES REDRESSAL FORUM-VI

             (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

                 VIKAS BHAWAN, I.P.ESTATE,

                         NEW DELHI-110002.

 

 

Case No.CC/425/16                                                            Dated:

 In the matter of:-

Shri Ramanayak Tiwari

S/o late Sh. Brij Nath Twari,

R/o E-1-52, Sector-16,

Rohini, Delhi

 

                                                                                               …..Complainant

 

 

 Versus

 

 

 

             Indian Overseas Bank,

            Parliament street,

             Jeevan Deep Building,

             New Delhi-110001

 

.…… Opposite Parties

 

 

 

 

 

 

 

 

ORDER

                        H.M. VYAS, MEMBER

          The complainant has filed the complaint alleging deficiency in service on the part of OP bank stating that the complainant has an account with the OP through which he is getting the pension against PPO No. 771010604820 .  The copy of the PPO entry of monthly pension annexed.  The    Deptt.   of   Telecommunication  forwarded a letter dated 15/4/15 to the CPAO, Ministry of Finance, Deptt. of expenditure and the OP regarding the actual payment to be made to the complainant followed by another letter dated 16/3/16 to pay revised pension  but the OP did not pay heed and did not disclose the correct figure to the complainant deliberately.   The e-mail sent to the Centralized Pension Processing Centre (in short CPPC) was forwarded to the OP to look into the matter.  The complainant again vide letter dated 30/4/16  intimated that he is getting less pension being disbursed from 1/1/06 and requested to correct the same.  The OP came into action after said letter dtd 30/4/16 and forwarded the e-mail to CPPC  without  clarifying about the reasons of not doing the correction/payment of arrears earlier. The legal notice of the complainant was replied by the OP through communication dated 18/5/16.  The complainant has not filed the  details of delayed period and the amount due at relevant time.  Following  prayer is  made :-

1. Pass the order directing the OP to pay interest @ 18% on the entire amount from date 15/04/2014 till the date of its realization.
2. Direct the OP to make payment of less amount due to the complainant from date 01/01/2006 upto the date of its realization along with interest @ 18%.
3. Direct the OP to pay compensation of Rs. 50,000/- for the mental agony and pay suffered on part of OP, being senior citizen complainant was forced to approach various authorities for the delayed payment.
4. Pass an order to award Rs. 10,000/- in favour of the complainant and against the OP towards the litigation charges and other expenses.
5. Pass any other or further order that this Hon’ble Forum may deem fit and proper in the facts and circumstances and in the interest of justice  and fair play.           

The OP was proceeded ex-parte on 9/3/17 after dasti service of notice.  The complainant filed ex-parte evidence and also addressed oral arguments.  The text of the  complainant  has  remained  un-rebutted as the OP was proceed ex-parte. We have considered the material placed before us and the arguments addressed with relevant provisions of law. . The main grievance of the complainant is that the arrears though were paid to him but after a long time.  The complainant has filed copy of the reply dated 18/5/16 (Annexure C 9 with complaint) to the legal notice which is material & shows that the intimation with details of payments made was conveyed to the complainant through his advocate.  The relevant para of the said letter reads as below:-

1. “xxxxxxx  Mr. Ramnayak Tiwari is a pro-rata pensioner and his pensions have been revised from time to time, as per SSA’s issued by CPAO, New Delhi vide CPAO SSA no. 502907 dated 23.06.2006, the basic pension has been fixed as Rs. 472.00 in which 1/3^rd  restored pension to be commuted w.e.f. 02.12.2005 and an arrear of Rs. 2719.00 was also credited by the branch in his account.
2. Vide CPAO SSA no. 460942 dated 12.05.2008 the pensioner’s basic pension has been revised into Rs. 1417.00 with 1/3^rd restored pension to  be commuted as Rs. 472.00 and related arrears of Rs. 4900.00 was credited into his account on 30.06.2008 along with pension for the month.
3. Due to 6^th pay commission revision, arrears of the following credited:

1. 60% of pay commission arrears of Rs. 30765.00 credited on 01/11/2008.
2. 40% of remaining arrears of Rs. 22113.00 credited on 15/10/2009.

4. Vide CPAO SSA 462744 dated 24.06.2008 pensioners basic and proportionate 1/3^rd commutation has been modified and an arrears of Rs. 1133/- was credit on 23.08.2014 in pensions account.
5. On one more revision order from CPAO vide SSA no. 189617 dated 01.04.2016, basic pension and proportionate commutation have been revised from Rs. 3500.00 to Rs. 3717.00 and 1016.00 to Rs. 1233.00 respectively credit of arrears payable 01.01.2006 to 31.03.2016 amounting to Rs. 14217.00 as per worksheet enclosed  ( Rs. 40908.00 after adjusting recovery difference in commutation Rs. 1233-1016= Rs. 217.00×123 months for the same period) was also credited in the account”.

            A bare perusal of the above communication dated 18/5/16 it is clear that the entire amount as due was paid by the OP to the complainant, however, there is delay in making the payments  which shows the deficiency of service on the part of the OP as the amount  due and payable to the complainant was not paid  within reasonable time.  We are therefore,  of the considered view that there is deficiency in service on the part of OP and direct OP to pay  Rs. 15000/- as compensation  beside a sum of Rs 5000/- for harassment and as litigation cost to the complainant within one month from the date of receipt of this order failing which interest @ 10 % on above amount shall be paid by the OP to the complainant till the date of payment.

Announced in open Forum on ______________.                                                                                      The orders be  uploaded on www.confonet.nic.in.                                                Copy of the orders be sent to the parties by post free of cost as per statutory requirement.

File be consigned to record room.

 

 

                                                   (S K SARVARIA)

                                                      PRESIDENT

      

            (NIPUR CHANDNA)                                            (H M VYAS)

                MEMBER                                                            MEMBER