DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Palakkad, Kerala
Dated this the 25th day of November, 2011
Present : Smt.Seena.H. President
: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K, Member Date of filing: 10/11/2010
CC / 147 / 2010
V.K Ramakrishnan (Ex-JWO),
S/o V. Kesavan,
Vettukattil House, - Complainant
P.O. Palappuram,
Ottapalam – 679 103
Palakkad.
(By Adv. Suresh. T.G)
Vs
1. Senior Manager,
Canara Bank,
Finance Management & International Operating Wing,
Head Office, 112 JC Road,
Bangalore- 560 002
2. Assistant General Manager,
Canara Bank,
Customer Service Section, - Opposite parties
Circle Office,
Chalappuram,
Calicut – 673 002
3. Branch Manager,
Canara Bank,
Shoranur
(By Adv. A. Gourisankar & G. Ananthakrishnan)
O R D E R
BY SMT. BHANUMATHI. A. K, MEMBER
The case of the complainant:
The complainant has opened an account at Canara Bank, Shoranur with effect from Vide No. 0719101021822 on 5/5/1999 for drawing his pension. The complainant is a Defence pensioner discharged from IAF on completion of 20 years of service as JWO with effect from on 01/10/1999 vide Corr.PPONo. 08/14/B/13593/2002. Though many representations were sent to the Branch Manager, Shoranur, Assistant General Manager, Circle Office, Calicut and Senior Manager, Head Office, Bangalore, petitioner has not yet received his dues from the Bank. In the first request dated 12/12/2008, petitioner has mentioned about less payment of arrears of pension with effect from 01/01/2006. Under the Sixth Central Pay Commission, petitioner is entitled for consolidated pension @ Rs. 6,971/- pm plus DA @ as applicable to the pensioners less commutation amount Rs. 1,387/- which comes to Rs. 5584/- as on 01/01/2006. Whereas the petitioner was paid with only Rs. 4350/- thereby suffered a total loss of Rs. 5229/- excluding the amount of arrears Rs. 40,054/-.
In the further requests the petitioner claimed for payment of revised pension @ Rs. 8,088/- with effect from 01/07/2009 adding DA @ 45% it comes to Rs. 11,728/- less commutation Rs. 1387/- which amounts to Rs. 10341/- whereas the petitioner was paid with only Rs. 8,024/- thereby suffered a total loss of Rs. 13,498/- excluding the amount of arrears Rs. 16,054/- for the period from 01/07/2009 to 31/10/2010.
The Assistant General Manager, Circle Office, Calicut has informed the complainant that detailed calculation sheet will be provided to each pensioners for verifying correctness. Neither the payment of pension arrears is affected nor detailed calculation sheet was provided. Defence Pensioners who are drawing pension from other Nationalized Banks have received their dues in time without any delay. The act of opposite parties amounts to deficiency in service on their part.
So the complainant seeking an order directing the opposite parties to pay all his dues approximately Rs. 20,000/- pending from 01/01/2006 to 31/10/2010 along with Rs. 30,000/- as compensation for mental agony and cost of the proceedings.
Opposite parties entered appearance and filed version denying all the contentions put forward by the complainant. Complainant's SB account is being credited with the pension amount as per the calculations received from the authorities. As and when the orders are received arrears are also duly credited in his account.
Opposite parties further states a table showing the pension payable, paid and the difference for the periods from January 2006 to August 2010. Opposite parties say that the complainant has been paid a total sum of Rs. 63,616/- instead of paying 61,883/-. The complainant is issued with a pass book which contains all entries in the account. The complainant had already been furnished with a calculation sheet. There is no deficiency of service on the part of opposite parties and complainant is liable to be dismissed with cost.
Both parties filed their respective affidavit. Ext. A1-A9 is marked on the side of the complainant and B1 to B3 marked on the side of opposite parties.
Matter heard.
Complaint is for getting pension dues and compensation for delay and deficiency of service on the side of opposite parties. The complainant, a defence pensioner, has opened a SB account vide No. 0719101021822 with the opposite party bank for drawing pension. According to the complainant under the Sixth Central Pay Commission, petitioner is entitled for getting Rs. 5584/- as on 01/01/2006 whereas he was paid only Rs. 4350/-. Again from 01/07/2009 onwards the complainant is entitled for getting an amount of Rs. 10,341/- whereas he was paid with only Rs. 8,024/-. In total the petitioner is entitled for getting about Rs. 20,000/- as pension arrears. In their version and affidavit opposite parties state the pension payable, paid and the difference for the period from January 2006 to August 2010. According to this statement the difference is Rs. 61,883/-. Instead of that amount the complainant has been paid a total sum of Rs. 63616/-. Opposite party produced Account Statement of SB Account 0719101021822 – Ramakrishnan. V.K which is marked as Ext. B1. On verifying the same it is seen that an amount of Rs. 70,082/- have been credited to the account of complainant during the period of 1/1/2006 and 31/10/2010 on the head of pension arrears alone. In order to make an accurate calculation the complainant has not produced the revised pension payment order of Central Pay Commission. In the affidavit complainant raised a contention that even for renewal of ATM card the opposite parties have taken more than two months. There is no prayer in the complaint regarding the delay in issuing ATM card. Hence it cannot be considered. Further the complainant contents that there was a report in the Malayala Manorama Daily Newspaper regarding the delay in payment of arrears only by some branches of Canara Bank and Shoranur Branch was one among them and he is getting less amount compared to his counterparts etc are not supported by any documentary evidence.
From the above discussions we are not in a position to attribute deficiency of service on the part of opposite parties.
In the result complaint dismissed.
Pronounced in the open court on this the 25th day of November, 2011
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha. G. Nair
Member
Sd/-
Smt. Bhanumathi. A. K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
Ext. A1 – Original of letter sent by the complainant to 3rd opposite party dated 12/12/2008.
Ext. A2 - Copy of letter sent by the complainant to 2nd opposite party dated 07/04/2010.
Ext. A3 - Original of letter issued by the opposite party to the complainant dated 31/05/2010.
Ext. A4 - Copy of letter sent by the opposite party to the complainant dated 23/06/2010.
Ext. A5 - Copy of letter issued by the opposite party to the complainant dated 30/06/2010.
Ext. A6 - Copy of Lawyer Notice issued by the complainant to the 2nd opposite party dated 30/09/2010.
Ext. A7- Original of letter sent by the complainant to the 1st oppoite party dated 14/07/2010.
Ext. A8 - SB account Pass book (Canara Bank, Shoranur) of the complainant
Ext A9 - Original of letter issued by the 3rd opposite party to the complainant dated 14/06/2010.
Exhibits marked on the side of the opposite parties
Ext. B1 - Original of Account Statement of SB Account of the complainant issued from the 3rd opposite party.
Ext. B2 - Original of statement shows the Arrears of Revised Pension as per 6th pay Commission recommended, issued by the 3rd opposite party.
Ext. B3 - Original of Reply Letter sent by the 3rd opposite party with respect to the lawyer notice which sent by the complainant.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the oppoite parties
Nil.
