State Bank of India V/S Ashok Kumar Verma Ex SGT s/o Prem chand - Consumer Court Case

Haryana

Yamunanagar

CC/145/2013

Ashok Kumar Verma Ex SGT s/o Prem chand - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

B.S.Chauhan

01 Aug 2017

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

Complaint No. 145 of 2013

Date of institution: 21.02.2013

Date of decision: 01-08-2017

Ashok Kumar Verma Ex. SGT son of Sh. Prem Chand, R/o H. No. 1004/7, New Jain Nagar, Opp. World Gym, Jagadhri, Tehsil Jahgadhri, Distt. Yamuna Nagar.

…Complainant.

Versus

1. State Bank of India, Jagadhri through its Branch Manger.

2. State Bank of India, CPPCSBI, ADM Office, Building 2^nd Floor, Plot No. 1-2, Block –B, Sector-5 Panchkula through its Manager.

BEFORE: SH. DHARAMPAL, PRESIDENT.

SH. S.C.SHARMA, MEMBER.

SMT VEENA RANI SHEOKAND, MEMBER

Present: Sh. B.S. Chauhan, Advocate, counsel for complainant.

Sh.P.K. Kashyap, Advocate, counsel for respondents.

ORDER (DHARAMPAL, PRESIDENT)

1. Complainant Ashok Kumar Verma has filed the present complaint under section 12 of the Consumer Protection Act 1986 against respondents (herein after Respondents will be referred as Ops)

2, Brief facts of the present complaint, as alleged by the complainant, are that complainant is having a pension account No. bearing No. 10556990147 in the branch of respondent No. 1. The complainant had received the intimation copy of the corrigendum PPO from Air HQ vide letter No. Air HQ/99798/703110/09/06/SP/DAV dated 10-Oct 2012, the original letter was sent to State Bank of India Panchkula for crediting the amount in pension account of the complainant (Annexure C-1). After passing more than one month, the complainant had written the letter dated 30-11-2012 to SBI Panchkula and copy to SBI, Jagadhri along with all the photocopies of letter and calculation sheet of arrears for Rs. 53,701/- up to on 30-11-2012. He further submitted that after getting no response or any reply from bank side, he lodged a online complaint dated 30-12-2012 and again sent another reminder with the photocopies of all the documents to SBI Panchkula by registered post dated 03-01-2013 and copy to SBI, Jagadhri by hand duly received by the Branch Manager namely Mr. V.K. Puri on 03-01-2013. The complainant further submitted that he got reply from SBI complaint cell on his e-mail

3. Upon notice, OP appeared and filed the written statement by taking some preliminary objections such as: - complaint is not maintainable; complainant has no locus standi to file the present complaint, the true facts are that in the present case the respondent has received a copy of the letter from the department regarding the pension of the complainant. The same letter has also been received by the complainant. The respondent further submitted that the complainant is having a saving account No. 10556990147 with the respondent and after receiving the written complaint from the complainant on 03-01-2013, the respondent forwarded the said complaint on the same day to the AGM SBI CPPC Panchkula but till date the amount of pension has not been credited in the account of the complainant by CPPC. The respondent further submitted that the pension of the concerned person is to be credited by centralize pension payment cell, who till date has not credited the said amount in the saving account of the complainant. As far as letter dated 03-01-2013 written to answering respondent is concerned the same has been forwarded to the CPPC for doing the needful on the same day. It is further submitted that until and unless the amount of pension is not credited in the account of complainant by CPPC, till then answering respondent is helpless to do anything. It is reiterated that there is no deficiency in services on the part of respondent. As such, prayed for dismissal of complaint.

4. In support of his case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and photo copies of documents such as:- forwarding of corrigendum PPO as Annexure C-1, Photocopy of Pension Certificate as Annexure C-2, Original Envelope as Annexure C-3,Letter regarding Non receipt of Pension Arrears as Annexure C-4,Postal receipts as Annexure C-5 and C6, Photocopy of detailes of Pension due as Annexure C-7, photocopy of complaint as Annexure C-8, postal receipt as Annexure C-9, Photocopy of non receipt of pension arrears as Annexure C-10, Copy of E-mail dated 04-01-2013 and 07-01-2013 as Annexure C11 and C12, copies of customer complaint dated 10-01-2013 and 14-01-2013 as Annexure C-13 and C14, respectively and closed the evidence on behalf of complainant.

5. On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. R.L. Kashyap, Branch Manager, SBI, Jagadhri Distt. Yamuna Nagar as Annexure RW1/A and documents i.e. photocopy of complaint as Annexure RW1/B, Photocopies of reminder of Non receipt of Pension arrears as Annexure RW1/C and RW1/D, Photocopy of Statement of account as Annexure RW1/E and closed the evidence on behalf of OPs.

6. We have heard the learned counsel for both the parties and have gone through the pleadings as well as evidence placed on file minutely and carefully. It is an admitted fact that the Directorate of Air Veterans, Subroto Park, New Delhi vide their letter No. Air/HQ/99798/703110/09/05/SP/DAV dated 10 Oct, 2012 issued a corrigendum PPO No08/14/B/Corr/72359/2012 dated 18-09-2012 and sent the original to the Chief Manager, State Bank of India CPPC SBI, ADM Office BLDG 2^nd Floor, Plot No. 1-2, Block-B, Sec. 5, Panchkula vide their letter dated 10 Oct 2012 (Annexure C1) for necessary action and onward transmission to the Branch Manager Jagadhri for disbursement of revised pension immediately. As per corrigendum an amount of Rs. 53,701/- was to be disbursed to the complainant immediately by the OP bank but till the date of filing of the complaint the said amount was not disbursed to the complainant. The complainant has also made the correspondence in this regard with the OP’s bank. From the above, it is clear that there is deficiency on the part of the bank. We are of the considered view that the complaint deserves to be allowed and the same is hereby, allowed. The OPs are directed to comply with the following directions :-