Date of filing:- 14/08/2015.

Date of Order:- 11/01/2017.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (COURT),

B A R G A R H

Consumer Disputes Case No. 48 of 2015.

Durga Charan Bhoi S/o- Late Abadhana Bhoi, aged about 75 (seventy five) years, Occupation- Retired primary school teacher, R/o- Kalapani, P.o- Kalapani P.s/Tahasil/Dist;-Bargarh. ..... ..... ..... Complainant.

-: V e r s u s :-

State Bank of India, Main Branch, Bargarh represent through it’s Branch Manager, At/Po/Ps/Dist- Bargarh. ..... ..... ..... Opposite Party.

Counsel for the Parties.

For the Complainant:- Sri S.C.Sarangi, Advocate with other Advocates.

For the Opposite Party:- Sri D.Mishra, Advocate with other Advocates.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.

Dt.11/01/2017 -: J U D G E M E N T :-

Presented by Sri K.P. Mishra, President:-

Brief fact of the case;-

The Brief fact of the case of the Complainant is that, he is retired government primary school teacher was getting his pension from Government since his retirement amounting to Rs.10,300/-(Rupees ten thousand three hundred)only per month by the Opposite Party Bank through his Saving Bank Account vide Account No. 11042768110 till November 2014 thus he claims to be a consumer of the Opposite Party.

Further his case is that he had been getting his pension regularly the since 1999 through the Opposite Party Bank and was maintaining his family and his livelihood out of that but from Dt. 01/01/2014 to Dt.01/08/2014 he did not get the said pension which accured to an amount of Rs.80,000/- (Rupees eighty hundred)only thus he felt a lot of pain and hardship and as such has filed the case claiming the same as the deficiency of service on the part of the Opposite Party, hence liable to pay the amount of Rs. 80,000/-(Rupees eighty hundred)only along with Rs.20,000/-(Rupees twenty thousand)only as against his mental agony and has filed a xerox copy of the pass book. After perusing the record and hearing the advocate for the Complainant the Forum was pleased to admit the case conditionally till the appearance of the Opposite Party and notice was served on him.

The Opposite Party appeared in the Forum through his Advocate and filed his version denying the allegation of the Complainant on the ground of non joinder of necessary party to the C.P.P.C. Bhubaneswar and the District Treasury Bargarh, also he has denied the averment made by the Complainant on the ground that it is beyond his knowledge as what for his pension was not disbursed to him by the Govt. for the said period and also has contended in reply to the averment made by the Complainant that it is the duty of the bank to deposit the money of the Complainant in his account and disburse it to him as and when he withdraws, and accordingly it has deposited the amount of pension whenever the Govt. has debited any amount to his account and has disbursed the same to him as and when he has withdrawn according to his requirement besides that it is the only transferring agent of the Complainant and the Government (C.P.P.C. Bhubaneswar) except that it has has got no role to play and in support of it’s such contention it has filed the statement of account of the Complainant and has denied to have any business with the decision of the govt as to why such a claim amount has not been remitted to the account of the Complainant by the Govt. it is the Govt. or the Treasury Officer concerned who can give it’s reply as such in no way the Opposite Party is deficient in rendering it’s service to the Complainant and also denied to have any liability in giving any compensation at all.

Having gone through the entire materials available in the record it came to our notice that since the Complainant is a Retired Government School Teacher, he is entitled to pension sanctioned by the Govt. under the management of C.P.P.C. Bhubaneswar and the District Treasury of Bargarh and so far as the service as claimed by the Complainant against the Opposite Party Bank is concerned, it is the transferring institution under the guidance of the Reserve Bank of India having no role to play with the pension scheme of the Government. More over the Complainant has not filed a single scrap of documents to substantiate that the alleged amount was remitted by the Govt. to Opposite Party. Hence we are of the considerate view that the Opposite Party Bank is not liable for any action as claimed by the Complainant. Hence the order as follows.

O R D E R

Hence the complaint filed by the Complainant against the Opposite Party is devoid of any merit as such is dismissed U/S 26 of the Consumer Protection Act -1986, without any cost in consideration with the age and monetary status of the Complainant, accordingly the case is disposed off in the open Forum.

Typed to my dictation

and corrected by me.

(Sri Krishna Prasad Mishra)

           P r e s i d e n t.                                                                 I agree, 

                                                                                      (Sri Pradeep Kumar Dash)

                                                                                                  . M e m b e r.