Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 23.07.2019 by the Ld. DCDRC, Howrah passed in CC/59/2017 by the Appellant/OP.

The fact of the Complaint Case in brief is that Complainant is a retired Bank employee and since the year 2011 he has a pension account vide A/c. No. 9750110009802 with the O.P no. 3 UCO Bank, Uluberia Branch, P.S. Uluberia, District—Howrah. At the time of reviewing his account, the Complainant noticed that on 21.11.2015 the O.P No. 3 has debited Rs. 6,811/- from his said pension account without any intimation to the Complainant. Immediately thereafter the Complainant on 01.12.2015 wrote a letter to the O.P No. 3 and enquired about such unauthorized and unjust debit from his account. On 02.12.2015, O.P sent a mail to the Complainant and informed that the Complainant had a NPA account and for adjustment of loan of that account, said amount of Rs. 6,811/- has been debited from the pension account of the Complainant. Complainant on several occasions protested before the O.P. for such unauthorized and unjust debit from his pension account, but the O.Ps did not refund the said amount to the Complainant. Hence the Complaint.

On hearing Complainant, the case is allowed ex parte against O.Ps.

Being aggrieved, OPs filed the instant Appeal. Heard both sides at length. Ld. Advocate of the Appellant submits that over the issue of some non-payment by the Complainant/Respondent such deduction taken place from Pension Account and there is no illegality therein.

On the other hand, Ld. Advocate for the Complainant/Respondent submits that-

“It is the settled principle of law that the pension, gratuity of a person under no circumstances can be attached. Sectuion 60(1) proviso (g) of Code of Civil Procedure is specifically states that ‘stipends, gratuities allowed to the pensioners…………..’ shall not be liable for attachment.”

The observation of the Hon’ble Apex Court on this point is as follows:-

Radha Shyam Gupta-Vs- Punjab National Bank & Anr (2009) 1 SCC 376

“Retiral benefits such as pension and gratuity even when received by the retiree, held, do not lose their character and continue to be covered by provision Sec 60 (1) (g) of C.P.C.”

In view of the said backdrop, the instant Appeal is devoid of any merit and the same is dismissed.