Chandigarh

StateCommission

A/56/2015

Gurdial Singh Sabharwal - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Ajay Mahajan

13 Mar 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

First Appeal No.	56 of 2015
Date of Institution	09.03.2015
Date of Decision	13.03.2015

 

Gurdial Singh Sabharwal son of late Sh. Shingara Singh r/o Flat No.2010, (Guru Nanak Vihar) Sector 48-C, Chandigarh.

 

                                …..Appellant/Complainant.

                                Versus

1. Punjab National Bank, PNB House, Sector 17-B, Chandigarh, through its Senior Manager.

 

2. The Managing Director, Punjab National Bank (Pension Department), PNB House, Rajendera Palace, New Delhi.

 

3. Punjab National Bank, Sector 19, Chandigarh through its Senior Manager.

 

.…..Respondents/Opposite Parties.

BEFORE:    JUSTICE SHAM SUNDER (RETD.), PRESIDENT

                SH. DEV RAJ, MEMBER

                MRS. PADMA PANDEY, MEMBER

 

Argued by: Sh.Ajay Mahajan, Advocate for the appellant.

 

PER PADMA PANDEY, MEMBER

                This appeal is directed against the order dated 27.01.2015, rendered by the District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only), vide which it dismissed the complaint with costs, filed by the complainant (now appellant).

2.             The facts, in brief, are that the complainant had been furnishing his life certificate for drawing pension in PNB House, Sector 17, Chandigarh, in the month of November every year and, accordingly, he was getting his pension per month in his Bank account. It was stated that the complainant received his pension upto November, 2012 regularly but, thereafter, he did not get his pension from December, 2012 to November, 2013. It was further stated that when the complainant contacted the Bank, he was told that due to software problem in their computer, the pension could not be credited and, as such, they referred the matter to the Punjab National Bank, Pension Department, PNB House, Rajindera Palace, New Delhi and asked him to wait.  Copy of the Bank passbook of the complainant is Annexure C-1.

3.             It was further stated that the complainant again furnished his life certificate, in the month of November, 2013 but the pension was not credited to his Bank account from November, 2013 till date.  It was further stated that the complainant again contacted the Bank, which informed that the life certificate furnished by him, had been misplaced. It was further stated that due to the negligence of the Bank, the complainant did not receive his pension from December, 2012 to November, 2013. Ultimately, the complainant also issued a legal notice to the Opposite Parties through registered post on 13.03.2014 (Annexure C-2), but despite receipt of the legal notice, the Opposite Parties had not credited the pension amount for the period from December, 2012 to November, 2013.  It was further stated that the Opposite Parties were deficient, in rendering service, as also, indulged into unfair trade practice.  When the grievance of the complainant was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the “Act” only), was filed.

4.             In its written statement, Opposite Party No.1, stated that the complainant concocted a false story in his complaint to mislead the Forum. It was further stated that the complaint related to non-receipt of pension from December, 2012 to November, 2013. It was further stated that payment of pension did not fall within the ambit of definition of “services” as defined Section 2(o) of the Consumer Protection Act, 1986.  It was denied that pension was not credited to the account of the complainant because there was any software problem in the computer of the Bank.  It was further stated that the complainant got his mobile No.98150-11570 registered with the Bank for his savings bank account No.1808000200027389, on which, he also got the message every month, when his pension was credited to his account as well as for other credit entries in the said account.  It was further stated that the complainant never approached Opposite Party No.1 even once, when he did not receive his pension for full one year. It was further stated that the complainant was regularly operating his savings bank account and getting his passbook updated, as is evident from Annexure C-1, attached with the complaint. It was further stated that the complainant himself was careless in handling his issues relating to pension, besides being negligent for timely submission of his life certificate in the month of November, 2012, which led to stoppage of payment of pension, as per Rules.

5.             It was further stated that the complainant failed to remember to submit his life certificate in the month of November, 2012, due to his involvement in family business named M/s Sabharwal Gas Agency. It was denied that the complainant submitted his life certificate in the month of November, 2013, whereas, the life certificate was submitted by him on 12.12.2013 in the office of Opposite Party No.1. Copy of the life certificate is Annexure R/1. It was denied that the complainant was informed that his life certificate had been lost in the office of replying Opposite Party. It was further stated that the complainant being an ex-employee of the Bank, known to many Bank Officers, with whom, he had worked and could have easily contacted any one of them to get the issue solved within minutes.  It was strongly denied that after receipt of the legal notice dated 13.03.2014 the arrears of pension were not released to the complainant. It was further stated that the pension arrears amounting to Rs.75,297/- were credited to the saving bank account of the complainant on 21.03.2014 (Annexure C-1), prior to the filing of the complaint.  It was further denied that the complainant being the ex-staff of the Bank, was getting 1% higher interest. It was further stated that the complainant had filed a false and frivolous sworn affidavit dated 17.05.2014 that he had not received his pension arrears from December, 2012 to November, 2013, whereas, the same were credited to his saving account on 21.03.2014 i.e. within the time mentioned in his legal notice dated 13.03.2014, as shown in Annexure C-1 with detailed break-up, as per Annexure R/4. It was further stated that the replying Opposite Party was neither deficient, in rendering service nor indulged into unfair trade practice.

6.             Opposite Party No.3, in its separate written statement, raised almost similar pleas and averments, as raised by Opposite Party No.1, in its written statement.

7.             Sh.Y.P.Sharma,Advocate, who filed his memorandum of appearance on behalf of Opposite Party No.2  made an endorsement on 28.11.2014 that reply filed on behalf of Opposite Parties No. 1 and 3, be taken as reply & evidence, on behalf of Opposite Party No.2 also and the case was adjourned to 18.12.2014 for filing his Vakalatnama. Thereafter, on that date, none appeared on behalf of Opposite Party No.2, for filing his Vakalatnama and, as such, Opposite Party No.2 was proceeded against ex-parte vide order dated 18.12.2014.

8.             The complainant, filed replications, to the written statements, filed by Opposite Parties No.1 and 3,                                                                   wherein, he reiterated all the averments, contained in the complaint, and refuted those, contained in the written versions of Opposite Parties No.1 and 3. It was stated that the entry dated 21.03.2014 did not clearly depict the correct picture, otherwise he would have only filed the complaint for claiming interest.  It was further stated that since the pension had already been credited, he was claiming only interest/damages on the total amount of pension.   

9.             The parties led evidence, in support of his case.

10.            After hearing the Counsel for the complainant,  Opposite Parties No.1 and 3, and, on going through the evidence, and record of the case, the District Forum, dismissed the complaint, as stated above. 

11.            Feeling aggrieved, the instant appeal, has been filed by the appellant/complainant.

12.            We have heard the Counsel for the appellant/complainant, and have gone through the evidence and record of the case, carefully. 

13.            The Counsel for the appellant/complainant submitted that the District Forum wrongly held that the appellant did not fall within the definition of a consumer. He further submitted that since the Opposite Parties earned interest by lending the amount of the complainant at higher rate for commercial purpose for house loan/consumer loan, therefore, he fell within the definition of a consumer. He further submitted that the District Forum wrongly held that the appellant/complainant did not furnish life certificate and, therefore, he had no claim at all. He further submitted that the life certificate was to be furnished by an ex-employee (retiree) in the month of November every year, otherwise,  he did not get pension for next 12 months. He further submitted that the District Forum wrongly held that the amount of pension had been credited and the complainant got message on his mobile because all the banks deduct Rs.15/- per quarter for sending message on mobile phone by debiting the amount of Rs.15/- per quarter from the account of account holder. He further submitted that no such amount of Rs.15/- per quarter for sending message on mobile phone was debited to the account of the appellant, which showed that actually no message was sent to the mobile of the appellant. He further submitted that the District Forum failed to appreciate the fact that after filing of reply by respondents No.1 to 3, the appellant immediately filed replication informing that now the cause of action survived for interest/damages. He further prayed for setting aside the impugned order.

14.            After giving our thoughtful consideration, to the submissions, raised by the Counsel for the appellant/complainant, and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed, at the preliminary stage, for the reasons to be recorded, hereinafter.

15.            Admittedly, the appellant/complainant is a retired employee of the Punjab National Bank. Annexure C-1 is a copy of the Bank Passbook. From this document, it is proved that the complainant is maintaining his pension account No.1808000200027389 with Punjab National Bank, Sector 19, Chandigarh i.e. Opposite Party No.3. It is also the admitted fact that as per copy of the passbook (at page No.10 of District Forum file), an amount of Rs.75,297/- was credited towards arrears of pension from December, 2012 to November, 2013.

16.            The first question, that falls for consideration is, as to whether, the complainant being the ex-staff member of the Punjab National Bank, getting his pensionary benefits from the Opposite Parties, and claiming other benefits available to similarly retired employees of the Bank, could be considered to be a ‘consumer’ under the Consumer Protection Act, 1986. The answer, to this, is in the negative, because the complainant wrongly submitted in his affidavit as well as in the in written arguments that he maintained savings bank account in Opposite Party No.1 Bank, whereas, he is maintaining his pension account with Punjab National Bank, Sector 19, Chandigarh i.e. Opposite Party No.3 and was submitting his life certificate for drawing his pension in Punjab National Bank, Sector 17-B, Chandigarh (Opposite Party No.1).  According to the complainant, Opposite Parties did not release his arrears of pension from December, 2012 to November, 2013. Section 2(1)(o) of the Consumer Protection Act, 1986 defines “service” as    under :-

^{“2(1)(o)   "service" means service of any description which is made avail­able to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;”}

Thus, the complainant is drawing his pension from Punjab National Bank, being an ex-employee of the Punjab National Bank and the services rendered by the Opposite Parties to him, being free of charge, and under the terms of contract of “service” as settled between the Punjab National Bank and Trade Unions of Bank employees. It is also pertinent to note that the complainant is also getting 1% higher interest in his savings balance being ex-staff of the Bank. Even in the judgment relied upon by the Counsel for the Opposite Party, before the District Forum, titled as “Premsingh Verma Vs. Cantonment Executive Officer, Cantonment Board, Mhow and Anr.”, 2012(1) CPC 98 (NC),  it was clearly held that the matter of claiming pensionary benefits did not fall within the ambit of a consumer dispute.  Therefore, the District Forum rightly held that the services rendered by the Opposite Parties to the complainant, free of charge,  did not fall within the purview of the Consumer Protection Act, 1986 and, as such, the complaint was not maintainable.

17.            The next question, that falls for consideration is, as to whether the complainant concealed the fact regarding receipt of an amount of Rs.75,297/-, while filing the complaint before the District Forum, of the pension arrears from December, 2012 to November, 2013. The answer, to this, is in the affirmative. The main grouse of the complainant was that he received his pension upto November, 2012 regularly but, thereafter, he did not get his pension from December, 2012 to November, 2013. The complainant further stated in his  complaint that when he contacted the Bank, he was told that due to software problem in their computer, the pension could not be credited and they had referred the matter to the Punjab National Bank, Pension Department, PNB House, Rajindera Palace, New Delhi and asked him to wait. As per the complainant, he again furnished his life certificate in the month of November, 2013 and the pension had not been credited to his account from November, 2013 till date. A bare perusal of the copy of Bank passbook submitted by the complainant, before the District Forum (Annexure C-1), shows that a number of transactions were mentioned thereon in the name of Sabharwal Gas Co. Moreover, the complainant had failed to place on record before the District Forum any document or letter written by him complaining about the non-receipt of his pension from December, 2012 to November, 2013, except the legal notice dated 13.3.2014. It is not understandable that as the complainant being the ex-employee of the Punjab National Bank failed to contact any of the officials of the Opposite Parties to help him for releasing the pension. It is not possible that the complainant being the ex-employee of the Bank did not know the procedure regarding furnishing of the life certificate and, if any difficulty arose regarding releasing of his pension, then he could have contacted his friends/colleagues, working in the Bank, for helping him to release his pension but he did not do so. A bare perusal of the passbook (at page No.10 of District Forum file) shows that on 07.03.2014 the balance in the pension account of the complainant was shown as Rs.42,945/-, which increased to Rs.1,18,242/- on 21.03.2014 after credit of Rs.75,297/-, as arrears of pension. On the very next day i.e. 22.03.2014 the complainant withdrew an amount of Rs.1,00,000/- from his pension account through self cheque No.731792. It is not possible that the complainant was not aware of the entry of the deposit of the arrears of penisionary benefits from December, 2012 to November, 2013 (Annexure C-1), which reads    as under :-

^{“By PF 24088-PEN ARR. FROM DEC, 12 TO N”}

From the aforesaid entry, it is clear that the said entry was regarding pension from December, 2012 to N (November, 2013). The complainant filed the complaint before the District Forum on 31.07.2014, whereas, he received the payment of arrears of pension on 21.03.2014 i.e. much before the filing of the complaint before the District Forum. However, the complainant did not mention even a single word, in his complaint, regarding the receipt of amount of Rs.75,297/-, as arrears of pension, from the Opposite Parties. Not only this, the complainant filed a false affidavit dated 17.05.2014 alongwith his complaint, mentioning that he had not received his pension arrears from December, 2012 to November, 2013 till the date of filing of complaint. Thus, we are of the considered opinion that the complainant had concealed/suppressed the fact regarding the receipt of pension before the District Forum, at the time of filing the complaint, and, as such,  the District Forum rightly dismissed the complaint with costs.

18.            The next question, that falls for consideration is, as to whether, the complainant is entitled to interest/damages on the total amount of pension. The answer to this, is in the negative. It is important to note that copy of the pension account of the complainant Annexure C-1 itself makes it clear that the complainant had received the pension arrears of Rs.75,297/- for the period from December, 2012 to November, 2013 on 21.3.2014. The complainant did not produce even a single document, which could show that he submitted his life certificate with Opposite Party No.1 in November, 2012. The appellant/complainant failed to make any of complaint in writing to any of the Opposite Parties earlier to sending the legal notice dated 13.3.2014 regarding non-release of his pension. The appellant/complainant did not produce any such evidence, which could show that he ever contacted any higher officer of the Bank through inbuilt customer complaint Redressal system. It is not acceptable that being an ex-employee of the Punjab National Bank, the complainant had not registered his mobile number with the Bank. It is not conceivable that the complainant was not aware of the entry of deposit of arrears of pensionary benefits from December, 2012 to November, 2013 in his passbook. The complainant, being an ex-employee of the Punjab National Bank, could very well understand, like other employees, that the entry was relating to pension arrears from December, 2012 to November, 2013. Even the complainant withdrew an amount of Rs.1,00,000/- on the next date i.e. 22.3.2014 after receipt of the amount of Rs.75,297/-. After receipt of the amount, the complainant filed the complaint mentioning the false plea that he did not receive the amount from the Opposite Parties. Therefore, we are of the considered view that the complainant was not entitled to any interest/damages on the amount of pension and he himself was at fault in not furnishing the life certificate in time. No sooner, the life certificate was furnished by the complainant and he issued the legal notice to the Opposite Parties, arrears of pension for the period, in question, were credited to his pension account much earlier to the filing of the consumer complaint. Thus, the order of the District Forum, being legal and valid, is liable to be upheld.

19.            Keeping in view the facts and circumstances of the case, we are of the considered view that the District Forum was right, in dismissing the complaint with costs of Rs.10,000/-, as stated above.   Hence, the order passed by the District Forum, being based on the correct appreciation of evidence and law, on the point, does not suffer from any illegality or perversity, warranting the interference of this Commission.

20.            For the reasons recorded above, the appeal, filed by the appellant/complainant, being devoid of merit, must fail, and the same stands dismissed, with no order as to costs. The order of the District Forum is upheld.

21.            Certified Copies of this order be sent to the parties, free of charge.

22.            The file be consigned to Record Room, after completion.

Pronounced.

13.03.2015                                                         Sd/-         

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

 

 

Sd/-

 (DEV RAJ)

MEMBER

 

 

Sd/-

(PADMA PANDEY)

        MEMBER

 

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