BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

CONSUMER COMPLAINT NO.93 of 2013

DATE OF INSTITUTION: - 26.03.2013

DATE OF ORDER: -15.03.2017

Sh. Atar Singh age 67 years son of late Sh. Richpal Singh, resident of village Jagram Bass, tehsil Charkhi Dadri, District Bhiwani.

    ……………Complainant.

VERSUS

The Branch Manager, Punjab National Bank, Badhra.

………….. Opposite Party.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE :-  Shri Rajesh Jindal, President

Mrs. Sudesh, Member

Present: - Shri Sandeep Sharma, Advocate proxy counsel of

      Shri D.V. Lamba, Advocate for complainant.

      Shri M.L. Sardana, Advocate, for the OP.

ORDER:-

Rajesh Jindal, President:

                   The  case of the complainant in brief, is that after completion of 32 years of service the complainant was retired from Govt. Middle School, Kasni, Tehsil Chirawa, District Jhunjhunu (Rajasthan) and get pension as per the scheme of Govt. of Rajasthan.  It is alleged that the Govt. of Rajasthan issued revise pay scale for employees who served under Govt. of Rajasthan.  It is alleged that the Govt. of Rajasthan revise pension of complainant alongwith commutation arrear and sent the same through treasury, Bhiwani & treasury, Bhiwani sent the same in PNB Bank but the OP did not pay the revise pension as well as commutation arrear to the complainant till today.  It is alleged that the complainant visited to the OP office many times but the OP did not pay any heed on the request. The complainant further alleged that due to the act and conduct of the respondent, he had to suffer mental agony, financial loss and harassment. Hence, it amounts to deficiency in service on the part of OP and as such he had to file the present complaint.

2.                 On appearance, OP filed written statement and took preliminary objections and denied the allegations of the complainant. It is submitted that it has not been mentioned as to when the Rajasthan Government sanctioned revised pay scale and when they sent such orders to the Treasury Officer, Bhiwani.  It is submitted that as soon as the calculations were received in the Bank, the benefits were credited in the account of complainant and he was already withdrawn the same.  It is submitted that the story put forth is false and concocted and has been engineered to make out a ground for filing the complaint.  Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OP and complaint of the complainant is liable to be dismissed with costs.

3.                In order to make out his case, the complainant has placed on record Annexure C-1 to Annexure C-3 alongwith supporting affidavit.

4.                In reply thereto, the counsel for OP has tendered into evidence  Annexure R-1 to Annexure R-3.

5.                 We have gone through the record of the case carefully and have heard the learned counsels for the parties.

6.                 Learned proxy counsel for the complainant reiterated the contents of the complaint. 

7.                Learned counsel for the opposite party reiterated the contents of reply.  He submitted that after the receipt of the calculation by the OP the arrears of revised pay scale and benefits were credited in the account of the complainant on 02.09.2013 and he has also withdrawn the same on 07.09.2013 from his account.  He submitted that the statement of saving bank account of the complainant is Annexure R-1 and R-2. He submitted that now the complainant has no cause of action against the OP and the complaint of the complainant is liable to be dismissed because the same has become infractuous. 

8.                We have perused the statement of account Annexure R-1 and R2.  As per entry dated 02.09.2013 a sum of Rs. 9300/- has been credited by medical arrear and a sum of Rs. 31681/- has been credited by revised pension arrear.  We are convinced with the contention of the OP.  Nothing has come on record to controvert the contention of the complainant.  In these circumstances, the complaint of the complainant is disposed of. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 15-03-2016.                                                

      (Rajesh Jindal)

                                                                             President,   

                                                                   District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.

     (Sudesh)                   

     Member.