Judgment : 9.3.2017

            This is a complaint made by Smt. Sangeeta Som, daughter of  Late Dinen Kr. Som, P-123, Jadu Colony, P.O. & P.S.-Behala, Kolkata-700 034 against the Asst. General Manager, State Bank of India, Behala Branch, P.S.-Parnasree, 1168/1, Diamond Harbour Road, Kolkata-700 034, praying for passing an appropriate order for payment of Rs.19,50,000/- and other reliefs.

            Facts in brief are that the Complainant is legal heir and successor of Smt. Subha Som aged about 48 years. Mother of Subha Som instituted a complaint at the age of 78 years after finding huge anomalies in disbursing the pension through State Bank of India, Behala branch in complaint case No.CC/338/15. No clear decision could be obtained. So, Complainants filed this complaint for realization of the money as stated in the prayer portion of the complaint. OP filed written version and denied the allegation of the complaint. Further, it is mentioned in the written version that this complaint is not maintainable and any grievance in this regard is not covered under C.P.Act. So, OP has prayed for dismissal of this complaint.

Decision with reasons

            Complainant filed affidavit-in-chief against which OP filed questionnaire. Against questionnaire Complainant filed affidavit-in-reply. Similarly, OP filed a petition for treating the written version as affidavit-in-chief on which Complainant filed questionnaire to which OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled for reliefs as prayed for.

            On perusal of prayer portion, it appears that Complainant has prayed for Rs.2,96,723.63 as interest of the amount which was allegedly not paid to the Complainant.

            On perusal of annexure 3, it appears that Subha Som was a pensioner and his daughter has filed this complaint. Further, it appears that Complainant has prayed for interest on the amount which was not paid to the tune of Rs.88,553/-. Further, she has prayed for litigation cost of Rs.11,447.37 and Rs.18,50,000/- as compensation total being Rs.19,50,000/-.

            On perusal of complaint we do not find any ground for claiming such a heavy amount of compensation. Further, it appears that drafting of the complaint is unnecessarily big and the Complainant failed to establish that Rs.88,552.63 was not paid as interest on the pension amount which was either paid at a later stage or not paid.

            Ld.  Advocate for OP rightly submitted that discrepancies in pension and claim of interest over that is beyond the jurisdiction of this Forum.

            Hence,

ordered

            CC/346/2016 and the same is dismissed on contest.