DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (NORTH)

ROOM NO.2; OLD CIVIL SUPPLY BUILDING; TIS HAZARI: DELHI

Case No. 139/2014

Smt. Urmila Jain,

W/o Late Sh. G.M.JAIN,                 

R/o, FB-181, Lajpat Nagar,

Sahibabad, Ghaziabad, U.P.                                                  ……. Complainant

        VERSUS

State Bank of India,

Through its Assistant General Manager

Centralized Pension Processing Centre,

3^rd Floor, Chandani Chowk,

Delhi-110006.

                                                                                                … Opposite Party

O R D E R

D.R. Tamta, Member

The complainant has filed present complaint against O.P under section 12 of the Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant is a widow and after death of her husband, the complainant being the wife became entitled to the family pension.  It is alleged that Pension Savings Account No.20008011528 was opened with the OP.  It is alleged that OP has to maintain the account as per the norms of the Bank and instructions issued by the RBI.  It is alleged that account of the complainant cannot be debited and amount cannot be withdrawn without knowledge, consent and permission, prior approval of the complainant.  It is alleged that the OP without instructions, permission, approval, debited her account initially in the sum of Rs.1,02,800/- and transferred the same to other account without knowledge and  without consent, permission and approval of the complainant.  It is also alleged that the complainant came to know on 1.12.2012 that her account was not showing the amount of Rs.1,02,800/- lying in the bank and the complainant made a complaint  telephonically to the ATM Helpline No.0802659990 where no proper information about the transaction was conveyed.  It is also alleged that the complainant has made various complaints through on-line, emails and by written  to the O.P but neither the amount withdrawn was credited nor satisfactory reply was received by the O.P.  On these facts complainant prays that O.P be directed to pay Rs.3,00,000/-  alongwith interest @ 12% p.a. apart from cost and compensation as claimed.

2.     Notice sent to O.P was duly served, however, none appeared on behalf of the O.P, therefore, OP was proceeded with ex-parte.  Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint and has also proved documents exhibited as Ex. CW-1/1 to PW-1/7A.  

3.     We have carefully gone through the record of the case and have heard submissions of the complainant. It is not disputed that the complainant was the family pensioner.  The dispute is regarding the sum of Rs.1,02,800/- debited from the complainant’s account.

4.     In view of these facts and circumstances and perusal of record regarding correspondences made by the complainant to different agencies, which reveals that the amount has been debited  from the  complainant’s pension account on account of some recoveries paid in excess by the Govt. in the pension account.   The recovery of Govt. dues paid in excess does not amount to deficiency of service on the part of the Govt.  Therefore, the complainant is not entitled for any relief.  Complaint dismissed accordingly. 

        Copy of this order be sent to the parties by Registered post and thereafter the file be consigned to record room.

  Announced this 11^th day of November, 2014.

(BABU LAL)                  (D.R. TAMTA)             (MRS.SHAHINA)                                         President                            Member                     Member