DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 132 OF 2017

Rajesh Singh (27 yrs),

S/O- Late Khudbud Bind @ Ramji Singh,

RO: Baba Kuti Chandmari,

PO/ PS/Dist- Raigarh …………………………....……..………………Complainant.

Versus

Branch Manager,

State Bank of India, Brajrajnagar,

PO/PS - Brajrajnagar,

Dist: Jharsuguda, Odisha………………………………………………….Opp. Party.

Counsel for the Parties:-

For the Complainant                                   Self                

For the Opp. Party                                   Sri K.C. Agrawal, Adv. & Associates.

Date of Order: 20.07.2018

Present

1. Shri Santosh Kumar Ojha, Member
2. Smt. Anamika Nanda, Member (W)

Shri Santosh Kumar Ojha, Member :-   The brief facts of the complaint case is that, the complainant is the natural born son of Late Khudbud Bind @ Ramji Singh. The father of the complainant was getting pension from M/S. O.P.Mills Ltd., Brajrajnagar through the O.P vide SB Account No. 11264809247 amounting Rs.1,000/- only per month regularly till June 2015. The pension amount were discontinued in some months till August 2016. The said father of the complainant unfortunately expired on dtd. 03.12.2016 leaving behind the complainant and four other legal heirs. The complainant is presently residing at Raigarh (Chhatisgarh) taking care of his mother Parvati Devi doing very low wages job in a carpenter shop to maintain his livelihood. After death of his father the complainant went to the O.P for transferring the pension amount in the name of his mother by opening a SB account, but the O.P did not take any heed. The complainant visited several times to the O.P. All the times the O.P suggested to bring some documents such as Affidavits, Indemnity Bond etc. The complainant leaving his job in maintaining bank formalities managed to produce the required documents asked by the O.P but till date the O.P has not performed his work. The complainant being harassed filed this case before this Hon’ble Forum for proper relief. 

            The O.P appeared through his counsel after being noticed and submitted that after demise of Khudbud Bind, his wife Smt. Parvati Devi has to contact the Deputy Commissioner, EPF, Rourkela for sanction of family pension in her name. It is not within the domain and authority of the O.P to sanction family pension in the name of the mother of the complainant. The O.P further stated that the complainant has never submitted any documentary evidence in relation to his legal heirs including the complainant to withdraw the amount nor contacted to the dealing officer or competent authority for sanction of family pension and disposal of asset of the deceased account holder. On the above mentioned ground the O.P prayed the forum to dismiss the case.

            Heard the matter from both the sides and gone through the case record with materials available. The complainant being one of the legal heirs of his deceased father, knocked the door of this Hon’ble Forum ultimately when the O.P back out of his words. The complainant filed this case with relevant documents such as Death Certificate, Application to the O.P, SB Account of deceased, Letter of Indemnity, Letter of Disclaimer, Affidavit, Settlement of Deceased’s Assets Without Production of Legal Representation Under Discretionary Powers in Revised Claim Format as prescribed and provided the formats by the O.P. The complainant also filed a document namely “Khas Mukhtayarnama” sworned by the Legal Heirs duly authenticated by the Notary Public, Government of Chhatisgarh as he is residing at Raigarh (Chhatisgarh). All the said documents were produced by the complainant before the O.P requesting to transfer the pension amount in the name of his mother, but after filing of the case and also in the belated stage the O.P keep the hands up and suggested to contact with the Deputy Commissioner, EPF, Rourkela for sanction of family pension in the name of his mother.

Though the O.P cannot sanction and transfer the pension amount in the name of the mother of complainant but it could had been suggested in the initial period. The O.P should not misguided the complainant to bring such legal documents and to perform the formalities by providing bank formats which the complainant compelled to made and gone through legal marching causing financial loss with harassment and tortured mentally.

On the above-mentioned observations the O.P is found to be deficient in his service towards the complainant and for which act the complainant is eligible to get compensation. Hence, the complaint petition is hereby allowed with following directions to the O.P.

ORDER

1. The O.P is hereby directed to credit all the pending amounts by opening a Saving Bank Account in the name of complainant’s mother namely ‘Parvati Devi’ with immediate effect just after pension amount sanctioned in the name of ‘Parvati Devi’ by the concerned authority of Employees’ Provident Fund Organisation, Rourkela.
2. The O.P is hereby further directed to pay a sum of Rs.7,000/- (Rupees seven thousand) only to the complainant towards harassment , mental agony and cost of the case within 30(thirty) days from the date of receipts of this order, failing which the O.P shall be liable to pay interest @12% per annum on the abovementioned awarded amount till its realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 20^th day of July’ 2018. Free copy of this order be communicated to the concerned parties as per rule. 

          I Agree.                                                                                                                        

1. Nanda,                                                                  S.K.Ojha,

Member( W)                                                               Member

                                     Dictated and corrected by me

                                                          S.K.Ojha,

                                                           Member