The unfold story of the case of the complainant is that he retired as Bench Clerk (Grade-III) under the Judgeship of South 24 Parganas Alipore and getting pension from Allahabad Bank, Parnasree Branch, Kolkata through Account No. 20522280803. After retirement he got benefit of Grade – I and Principal Accountant General (A & E) West Bengal vide No. C/183195/P/P/19/15/226163 dated 27.08.2019 revised his pensionary benefits with effect from 01.02.2014 against PPO/FPPO No. C/183195/P. Revised Pensionary Benefits order was communicated to the General Manager, Allahabad Bank, Chowringhee Branch, Government Cell, 55, Jawaharlal Nehru Road, Kolkata – 700 071. Despite revised pensionary benefits the OP having its Parnashree Polly Branch did not credit the revised pensionary benefit to the account of the complainant. Ultimately the complainant sent a notice dated 17.11.2019 to the OP Bank having its zonal office with a request to release the revised pensionary benefits along with interest thereon. Complainant is running from pillar to post for help. On account of illegal hold of revised pensionary benefit the complainant being a senior citizen is passing his days under tremendous stress, strain and mental agony. Hence, the complaint directing the OP to release principal amount of Rs. 90,346/- along with compensation of Rs. 1,00,000/-, litigation cost and interest. Despite service of notice of the complaint, OP did not turn up to contest the case by filing written version within the statutory period as provided under the provision of CP Act, 2019. Therefore, the case runs ex-parte against the OP. Complainant Bidyut Kumar Chatterjee has filed his E/chief supported by an affidavit in order to prove his averments on record. We have perused the material available on record and heard the complainant in person. The fact that the complainant is an retired employee under the judgeship of south 24 Parganas at Alipore and getting pension from
Allahabad Bank having its Parnashree Pally Branch through Account No. 20522280803. On retirement complainant benefitted Grade – I scale and the Principal Accountant General (A & E) West Bengal vide No. C/183195/P/P/19/15/226163 dated 27.08.2019 revised pensionary benefits in favour of the complainant. No doubt revised pensionary benefits was addressed to the General Manager, Allahabad Bank, Chowringhee Branch, Government Cell, 55, Jawaharlal Nehru Road, Kolkata – 700 071 and copies were forwarded to the complainant and Civil Judge (Senior division), 08th court, Alipore for information. Complainant in his E/chief has admitted that after receiving notice of the complaint the OP released arrear pensionary benefits of Rs. 1,11,024/- including current pension. Such amount was credited to the Bank Account of the complainant. Disbursement of revised pensionary benefit was not given within a stipulated period. Op illegally hold the revised pensionary benefit of the complainant without any reason for which the complainant issued notice dated 17.11.2019 to the Assistant General Manager, Allahabad Bank, Zonal office, Behala with a request to release the revised pensionary benefits. Complainant being a senior citizen got mental agony and harassment when the OP illegally withhold his revised pensionary benefit. Ultimately, the OP released the revised pensionary benefit in favour of the complainant. No doubt release of revised pensionary benefit take some time to process and the complainant tactfully did not disclose the date when the OP bank transferred Rs. 1,11,024/- in his favour as revised pensionary benefit. Section 2(11) of the CP Act, 2019 reads as follows :- “deficiency” means any fault, imperfection, shortcoming or inadequacy in quality, nature and manner or performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”; “service” as defined under section 2(42) of the Act includes the provi9sion of facilities in connection with banking financing or other information. In the instant case, it is related to banking service and nonpayment of revised pensionary benefit within due time, same amounts to deficiency in service. Benefit of such fact, every senior citizen and every infirm individual irrespective of any age has right to privacy with comfort which is protected under Article – 21 of the constitution of India. In the instant case, non disburseme4nt of revised pensionary benefit in the bank account of the complainant on due time as per order of the principal Accountant General (A & E) West Bengal as alleged by the complainant is also violation of fundamental right as enshrined under Article – 21 of the Constitution of India. The rights of the consumers are protected under Consumer Protection Act, 2019. The OP adopted deceptive practice by non disbursement of revised pensionary benefit of the complainant within due time. Thus, the complainant is entitled to seek redressal against such trade practice. Therefore, the act of the OP is not only violation of the fundamental right as per Article – 21 of the Constitution of India but also it is infringement of consumer rights as prescribed under clause (V) of section 2(9) of the CP Act, 2019. In addition to this it is reiterated to above fact, complainant has proved the deficiency of service and unfair trade practice of OP under the CP Act, 2019. Complainant being a senior citizen got harassment and mental agony due to non disbursement of revised pensionary benefit to his bank account on due time. For the foregoing discussion, we are of the view that the complainant has proved deficiency in service on the part of the OP. Hence, Ordered, that the consumer case is allowed ex-parte against the OP. OP is directed to pay a compensation of Rs. 10,000/- (Rupees ten thousand) only towards mental agony and Rs. 5,000/- (Rupees five thousand) only towards litigation cost within 60 days from the date of receipt of the order, failing which the complainant is at liberty to take shelter of this commission as per provisions of CP Act. A co[py of this judgment be provided to the parties free of cost as mandated by the Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties. File be consigned to record room along with a copy of this judgment. | 
