DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC No. 348 of 12.12.2007<br /> Decided on : 25-02-2008 <br /> <br /> Smt. Basant Kaur Wd/o Bharpur Singh R/o Village Hamirpur Kalan, Tehsil Sardulgarh, District Mansa.<br /> ... Complainant<br /> Versus<br /> <br /> 1.The Assistant Provident Fund Commissioner (Pension) Sub Regional Office, 2740-B Opposite Zila Paroshad, Goniana Road, Bathinda.<br /> 2.Sub Postmaster, Post Office, Sardulgarh, Distt. Mansa ) Deleted vide<br /> 3.Branch Manager, Punjab National Bank, Sardulgarh, ) Order dated <br /> District Mansa. 31-02-2008.<br /> <br /> ...Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM :<br /> Sh. Lakhbir Singh, President<br /> Sh. Hira Lal Kumar, Member<br /> Dr. Phulinder Preet, Member<br /> <br /> For the Complainant : Sh. K.K.Vinocha, Advocate.<br /> For the Opposite parties : Sh. Joginder Ram, Authorised Representative<br /> on behalf of opposite party No. 1. <br /> <br /> O R D E R<br /> <br /> LAKHBIR SINGH, PRESIDENT<br /> 1. Instant is a complaint under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act') which has been preferred by the complainant seeking direction from this Forum to opposite party No. 1 to pay her arrears of pension @ Rs. 826/- per month from July, 2007 till date alongwith interest @ 18% P.A. from due date till actual payment and further regularly pay her monthly pension under the Employee Provident Fund Scheme applicable from time to time ensuring credit of full amount of pension to her account i.e. by way of multi city cheque, draft or in some other mode; Rs. 10,000/- as damages/compensation besides cost of the complaint.<br /> 2. Version of the complainant may be stated as under :<br /> Consumer Complaint No. 107 of 25.4.07 was preferred by the complainant against Assistant Provident Fund Commissioner (Pension) and others. It was accepted on 16.7.07. During the pendency of that complaint, opposite party No. 1 had allowed nominee pension to her @ Rs. 826/- per month. Arrears to the tune of Rs. 51,460/- upto 30.5.07 were paid by allotting her Pension Payment Order No. PB/BTI/3900, PF A/C No. PB/18041/169 . Another payment of pension of June, 2007 of Rs. 826/- was also made through cheque. Opposite party No. 1 was requested to disburse her future monthly pension by way of getting it deposited in her saving bank account No. 1802137 with Sub Postmaster, P.O. Sardulgarh, District Mansa. Dealing hand of opposite party No. 1 had suggested her to open account with Branch of Punjab National Bank or State Bank of India to get early payment of monthly pension as their office has arrangement for this purpose. Accordingly, she opened saving account with Punjab National Bank, Branch Sardulgarh. Attested photocopy of Pass Book concerning her account with the bank was submitted to opposite party No. 1 alongwith letter dated 18.6.07 with the request to credit her monthly pension in her bank account No. SFM-189 instead of her Post Office Account with Sub Post Master, Post Office, Sardulgarh. Despite this, pension amount was not credited in her account in the bank. She got served representation-cum-legal notice dated 22.9.07 upon opposite party No. 1 through her counsel with the request to make the payment of her monthly pension either through cheque or draft ensuring payment of full amount to be credited in her account, as on previous cheque of Rs. 826/- Sub Post Master, Post Office, Sardulgarh had debited Rs. 85/- towards bank charges. Legal notice dated 26.11.07 was also got served by her upon opposite party No. 1, but he gave no reply. She paid visits to the Sub Post Master, Post Office, Sardulgarh and Branch Manager, Punjab National Bank, Sardulgarh to enquire as to whether her pension amount was received from opposite party No. 1. She was informed by them that nothing was received. Complainant is an old widow having no male in her family. It is alleged that she is being harassed without any fault on her part. Her pension has been withheld illegally and wrongfully from July, 2007 onwards. Hence, there is deficiency on the part of opposite party No. 1.<br /> 3. Opposite party No. 1 filed reply of the complaint in the shape of written submission stating that pension amount of the complainant has already been paid through Punjab National Bank, Sardulgarh for the period upto December, 2007. Amount has already been credited in her saving account with this bank. She is not entitled to any compensation and interest.<br /> 4. Sub Post Master, Post Office, Sardulgarh filed reply of the complaint taking legal objections that complaint is not maintainable in the present form; complaint is bad for non-joinder of Union of India as party; intricate questions are involved and as such dispute should be relegated to the civil court; complaint is false and frivolous; complainant has concealed material facts; she has not come to this Forum with clean hands and she is estopped from filing the complaint by her act and conduct. He admits that he has opened her saving bank account No. 1802137 in her name in Post Office, Sardulgarh. Two cheques for Rs. 371/- and Rs. 399/- were credited in her account on 20.11.06. Amount was withdrawn by her. Rs. 50/- were charged as clearing charges. After that no transaction was done.<br /> 5. Sub Post Master, Post Office Sardulgarh and Branch Manager, Punjab National Bank, Sardulgarh were arrayed as opposite parties No. 2 & 3 respectively. Their names have been got deleted by the complainant by way of suffering statement on 31.1.08 through her counsel.<br /> 6. In support of her averments contained in the complaint, complainant has produced in evidence her affidavit (Ex. C-1), photocopy of letter (Ex. C-2), photocopy of application dated 18.6.07 (Ex. C-3), photocopy of letter dated 22.9.07 (Ex. C-4), photocopy of legal notice dated 26.11.07 (Ex. C-5), photocopies of pass book (Ex. C-6 to Ex. C-7) and photocopy of order dated 16.7.07 (Ex. C-8).<br /> 7. In rebuttal, on behalf of opposite party No. 1 affidavit of Ran Singh, Assistant Provident Fund Commissioner (Ex. R-1), photocopy of letter dated 18.6.07 (Ex. R-2), photocopy of letter dated 4.12.07 (Ex. R-3) and photocopy of statement of account (Ex. R-4) have been tendered in evidence.<br /> 8. We have heard learned counsel for the parties. Apart from this, we have gone through the record and written brief of arguments submitted on behalf of the parties.<br /> 9. Complainant has reiterated her version in her affidavit Ex. C-1. Previously she had account with Post Office, Sardulgarh which was intimated by her to opposite party No. 1 for crediting the Employee Provident Fund nominee Pension in it. She was apprised by the official of the opposite party that it would be easy to collect pension through bank. Accordingly she got opened account No. SFM-189 in Punjab National Bank, Sardulgarh Branch, District Mansa and intimation to this effect was given by her to the opposite party through letter dated 18.6.07, copies of which are Ex. C-3 & Ex. R-2 . She made request that she would get her pension in future through this bank account instead of through Post Office. This letter was received by the opposite party on 22.6.07. She had also sent legal notice dated 26.11.07 through her counsel copy of which is Ex. C-5 for non-compliance of the order passed by this Forum on 16.7.07. Copy of her saving bank pass book of Punjab National Bank is Ex. C-6. Despite this, opposite party did not deposit her pension amount from July, 2007 onwards in her saving bank account with Punjab National Bank, Sardulgarh. Opposite party through his letter addressed to Manager, Punjab National Bank, Kikar Bazar, Bathinda, copy of which is Ex. R-3 has admitted that amount of pension has been deposited in the wrong bank account from July, 2007 to November, 2007. Request was made through this letter for passing necessary instructions to the paying branch, Punjab National Bank, Sardulgarh to release the amount of Rs. 4130/- to the complainant. Ultimately, amount of pension to the tune of Rs. 4130/- has been credited in the account of the complainant with Punjab National Bank, Sardulgarh on 21.12.07 as is evident from Ex. R-4 which is the copy of the statement of account. Since opposite party did not send the pension amount in the account of the complainant with Punjab National Bank, Sardulgarh well in time, deficiency in service on his part is established. Mere fact that subsequently pension amount has been credited in the saving account of the complainant with Punjab National Bank, Sardulgarh in December, 2007 is no ground to hold that opposite party stands absolved from its liability. Complainant is not at fault at all. It is not due to her act and conduct that the amount of pension was deposited by the opposite party in wrong account.<br /> 10. Now question arises as to which relief should be accorded to the complainant. Due to act, conduct and deficiency in service on the part of the opposite party, complainant could not make use of her pension amount well in time. Had the amount been paid to her, she could use it or even earn interest by way of depositing it. Complainant is widow. Her only male issue Baljit Singh has since died as is evident from Ex. C-8. She was in dire need of money. Act of the opposite party must have caused her mental tension and agony. Hence we find it a fit case where she deserves some compensation which we assess as Rs. 500/-. Since we are allowing compensation, interest is not allowed to her as out of interest and compensation one can be allowed.<br /> 11. In the result, complaint is accepted against opposite party No. 1 with cost of Rs. 1,000/-. Opposite party No. 1 is directed to do as under :-<br /> i) Pay Rs. 500/- to the complainant as compensation under Section 14 (1)(d) of the Act.<br /> Compliance of this order be made within 30 days from the date of its receipt failing which the amount of compensation would carry interest @9% P.A. till payment.<br /> Copy of this order be sent to the parties concerned free of cost and file be consigned.<br /> Pronounced : <br /> 25-02-2008 (Lakhbir Singh )<br /> President<br /> <br /> <br /> (Hira Lal Kumar)<br /> Member<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member