Chandigarh

DF-I

CC/628/2021

Jasmar Singh - Complainant(s)

Versus

Senior Manager State Bank of India - Opp.Party(s)

In Person

11 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/628/2021
Date of Institution	:	20.9.2021
Date of Decision	:	11/03/2024

 

Jasmer Singh  S/O Sh. Banarsi Dass, R/o 314/1,45A, Chandigarh

Complainant

V E R S U S

 

Senior Manger State Bank of India, Sector-7, Chandigarh

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY		Sh. Harish Bansal, Advocate for complainant.
		Sh. Sourav Duvedi, Advocate proxy for Sh. Rajesh Kumar Rai Advocate for OP (OP exparte).

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties (hereinafter referred to as the OP). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the complainant is a pension holder  and has been drawing his pension  through the OP branch.  In the last week of October 2020  the complainant submitted his life certificate  and got one FDR renewed  on the same day. On 10.11.2021 the OP bank confirmed  through its dealing hand that life certificate of the complainant has been received and his pension will be credited well in time but after that the pension of the complainant for the month of March, April and May was withheld by the OP on the ground that the complainant has not submitted life certificate. In this manner the OP bank withheld the pension of the complainant for the aforesaid period despite of the fact that the complainant already submitted the life certificate with it and as such the aforesaid act of the OP amounts to deficiency in service. Not only this the complainant suffered a lot due to the late credit of the pension in the month of June 2021 and the complainant is entitled for the interest on the pension credited in the account of the complainant with delay. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2.  Initially OP appeared and resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of maintainability, concealment of facts and cause of action. It is further alleged that earlier the complainant has sent a legal notice which was properly replied by the OP. In  fact in the said legal notice dated 26.7.2021 it is wrongly mentioned that the complainant visited  the branch of the OP on October 24^th,  2020  as  on the said date  being 4^th Saturday, the bank was close  and as such there is no question of visit by the complainant to the OP bank and acceptance of the life certificate by the dealing hand of the OP. Moreover, there is no deficiency on the part of the OP since the complainant has not submitted the life certificate with the bank despite repeated request and his pension was credit in his account as soon as the complainant submitted his life certificate. It is alleged that the complainant has not submitted any acknowledgment showing that he has handed over life certificate to any official of the OP bank.  On merits, the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. However, on 20.12.2023 since none has turned up on behalf of OP, hence it was proceeded against exparte.
4. No rejoinder filed by the complainant.

 

 

2. In order to prove their case, parties have tendered/proved their evidence by way of respective documents and complainant also filed evidence by way of his affidavit
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant is a pension holder and drawing his pension through OP bank and his pension for month of March, April and May  was credited by the OP bank  on 10.6.2021 as is also evident from  Exhibit C-2(colly), the case is reduced to a narrow compass as it is to be determined if  there is any delay on the part of the OP in crediting the pension of the complainant for the aforesaid period  in the account of the complainant and there is deficiency of service on the part of the OP and the complainant is entitled for the  relief as prayed for  or if the complainant could not submit the life certificate with the OP well in time and the present complaint is false and frivolous and liable to be dismissed as is the defence of the OP.
   2. In the back drop of the foregoing admitted and disputed facts on record, it is clear that the entire case of the parties is revolving around  the documentary evidence led by the parties and the same is required to be scanned carefully to determine the actual dispute between the parties.
   3. Perusal of Annexure C-1 the legal notice issued by the complainant indicates that the complainant had alleged that he visited the branch of the OP bank on the last week of October and November 10^th , 2020 and submitted his life certificate with the dealing hand and had also asked the OP bank to pay the interest on the pension amount alleged to be withheld by the OP bank. Annexure C-2  is the statement of account clearly indicates that the pension for the month of March,  April and May was credited by the OP bank on 10.6.2021. Exhibit C-3 is the Copy of letter sent by the complainant requesting the OP for interest  of delay pension. Annexure R-1 is the copy of legal notice  sent by the complainant  to the OP on 26.7.2021  which was received by the OP bank on 27.7.2021 indicates that the complainant has specifically alleged that on  October 24^th, 2020 November, 2020 he has submitted life certificate to the dealing hand. Annexure R-2  is the copy of reply dated 2.8.2021 sent by the OP to the complainant  and it has been alleged by the OP that in fact the life certificate was required to be submitted on or before 01^st November of every year  for pensioner below 80 years  and the complainant was asked to provide acknowledgement indicating that he has submitted his life certificate in the month of November, 2020. It is also alleged in the said reply that in fact on 24^th October 2020 the bank was close due to 4^th Saturday and  as such there was no question of submitting of life certificate by the complainant to the dealing hand in the branch.
   4. The learned counsel for the complainant has contended that it  stands proved on record that the complainant has submitted his life certificate with OP bank before 1^st  November 2020 but despite that the OP bank credited his pension for the month of March, April and May 2021 with delay  in the month of June and as such the complainant is entitled for the interest on the said delayed payment.
   5. However, we do not find any force in the contention of the counsel for the complainant as the claim of the complainant that he has submitted the life certificate to the dealing hand of the OP bank on 24^th October 2020 stands falsified on record as 24^th October  being 4^th Saturday was a bank holiday and the bank was close on that date. Even the complainant has utterly failed to place on record any acknowledgement showing that he has submitted the life certificate  before 1^st November, 2020.  
   6. Moreover, a thorough perusal of legal notice Annexure R-1 dated 26.7.2021 sent by the complainant to the OP which was duly received by the OP as is also evident from endorsement on the said notice, reveals that in the said notice the complainant  has alleged that  he visited the OP branch on October 24^th, 2020 and contrary to that the  complainant tried to prove the copy of the said notice by placing on record Annexure C-1 which itself shows that   the complainant has forged the legal notice placed on record as Annexure C-1 as he has intentionally deleted words  “on October 24^th, 2020” and has inserted word that “on last week of October.” Thus, while forging the notice Annexure C-1,  the complainant forgot that he had also appended the date as 26.7.2021 just below his signature  in Annexure R-1 making it clear that  the complainant in order to derive undue benefit in the present complaint  deleted the words “on October 24^th, 2020”  in order to falsify  the defence of the OP that 24^th October 2020 being 4^th Saturday the bank was close, the date on which the complainant has emphasized that he handed over the life certificate to the dealing hand of the bank.
   7. Even otherwise the complainant has miserably failed to prove on record any acknowledgment that he has submitted the life certificate on or before 1^st November 2020  as per instructions to all the bank. Not only this the aforesaid fact  was duly informed by the OP bank to the complainant vide letter Annexure R/4 dated 8.7.2021. Thus, it is writ large from the record  that the complainant has submitted life certificate in the month of June 2021  and accordingly his pension for the period of March, April and May was credited by the OP bank in his account.
   8.  Thus when it has come on  record that  that the complainant has not come with clean hands before this Commission as he has set up a false story in order to mislead this Commission by placing on record forged document Annexure C-1 that he visited the OP  bank on the last week of October 2020 and submitted his life certificate knowing fully well that on the said date the bank was close being 4^th Saturday and nobody was available   in the bank, it is safe to hold that the complaint has no merit and the same is liable to be dismissed.   
4. In the light of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
5. Pending miscellaneous application(s), if any, also stands disposed off.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 11/03/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Suresh Kumar Sardana] Member