In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 125 / 2009.
1) Smt. Rekha Chakraborty,
DB-31/132, Salt Lake, Kolkata-700064. ---------- Complainant
---Versus---
1) Standard Chartered Bank,
19, N.S. Road, Kolkata-700001.
2) M/s. Medicare Service Club,
Falt No.2, Paul Mansion, 6, Bishop Lefroy Road, Kolkata-700020. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 33 Dated 29/05/2012.
The petition of complaint has been filed by the complainant Smt. Rekha Chakraborty against the o.ps. Standard Chartered Bank and another. The case of the complainant in short is that complainant is a retired employee worked with ANZ Grindlays Bank and retired from the same bank due to ill health (cancer) in 1998 and the said bank has been taken over by Standard Chartered Bank in 2002, so complainant is ex-employee of Standard Chartered Bank. Further case of the complainant is that in May 2007 finding advice of ATM scheme against her SB account no.335-100074-4 and it showed the said account is invalid and on inquiry complainant came to know from pension department that complainant has huge amount due to the payable to Standard Chartered Bank due to her old credit card (2 cards) whose limit were Rs.55,000/- each and on 23.5.07 complainant sent a legal notice to the bank informed Standard Chartered Bank that she carries on her livelihood from her pension amount and she is a sick person and she will have to face lot of problems in medical insurance standing instruction is honoured by Standard Chartered Bank and the said bank received the ld. advocate’s letter and thereafter bank by a letter reference no.LEG-072007-0015 dt.16.7.07 issued from Chennai with a remark that they have not received the said legal notice and the credit card of complainant showed outstanding dues amounting to Rs.27,81,856/-. Further case of the complainant is that since June 2007 complainant is not getting her pension. It is specific case of complainant that her pension has been realized by the interim order of this Forum since Jan. 2010 and she has specifically prayed for refund of her pension from June, 2007 to Dec. 2009 and she has stated that she used to get pension @ Rs.3823/- per month from Standard Chartered Bank and Rs.400/- was deducted per month from pension towards medicare and her pension amount attached by Standard Chartered Bank and has prayed for deposit of the pension amount for the period from June, 2007 to Dec. 2009 in her SB account number with o.p.(a). Hence the case.
Both the o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them. Ld. lawyer of o.ps. in the course of argument submitted that the instant case is not maintainable and needs be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and document in particular. On perusal of the entire record we find that complainant was an employee of ANZ Grindlays Bank which was subsequently taken over by o.p.(a) bank and she used to get Rs.3823/- per month as pension which is being deposited in her SB account no.335-1-00074-4 of o.p.(a) and a sum of Rs.400/- is being deducted per month towards medicare from the said pension amount straight by o.p.(a) bank and deposit with o.p.(b) i.e. M/s Medicare Service Club. It is also evident from the record that o.p.(a) showed the said SB account is invalid in ATM screen on the plea that complainant had some dues payable to o.p.(a) bank owing to having two credit cards in the name of complainant and for which o.p.(a) bank showed said SB account invalid ATM screen and took the said money towards repayment of amount by o.p.(a) bank and to make it clear the said SB account was attached i.e. pension of complainant was attached by o.p.(a) which one cannot as per settle principle of law in this regard. It is further evident from the record that complainant is getting her pension since Jan. 2010 and her pension for June, 2007 till Dec. 2009 was attached by o.p.(a) and she is suffering from cancer and she is paying Rs.400/- towards medicare per month and for which complainant being a cancer patient cannot have the benefit of mediclaim which is denial to natural justice.
In view of the findings above and on perusal of the entire materials on record we find that o.p.(a) had gross deficiency being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest in part against o.p.(a) with cost and without cost against o.p.(b). O.p.(a) is directed to deposit the pension amount for the period from June, 2007 till Dec. 2009 in the said SB account of the complainant after deducting Rs.400/- per month towards medicare and credited the said sum of medicare amount with o.p.(b) as was used to done in this case prior to attachment of pension amount. O.p.(b) is directed to revive the mediclaim of the complainant. O.p.(a) is directed to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for mental stress, strain, agony and attending the Forum on various dates and litigation cost of rs.10,000/- (Rupees ten thousand) only. O.ps. are strictly directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
