Date of filing:- 05/08/2021.                                                                                 Date of Order:-16/10/2023.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H.

Consumer Complaint No. 47 of 2021.

Sri Girijesh Prasad Khadanga, S/o. Late Antaryami Khadanga  and Late Subasini Khadanga, R/o. Sohela, Po, Sohela, Dist. Bargarh (Odisha).

                                                                                                                                      Complainant.

V e r s u s

The Branch Manager, State Bank of India, Sohela Branch, Po. Sohela, Dist. Bargarh.

                                 Opposite Party.                         

Counsel for the Parties:-

For the Complainant :-       :- Sri Biren Hati, Advocate and  Associates.

For the Opposite Party :-    :-  Exparte.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.16/10/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President :-

1. The case of the Complainant is that the Complainant is the son of Antaryami Khadanga who was drawing pension from Opposite Party No.1 having PPO No. 15928 (AEI) through his saving  Bank account No. 11514622927. After the death of his father his mother  Subhasini Khadanga was entitled for the pension. The Complainant is the legal heir of her mother and nominee of the saving bank account bearing No. 11514622927.

The Opposite Party is entrusted by Govt. of Odisha to deal with all pension accounts on behalf of State of Odisha. Subasini Khadanga has received her last family pension from the Opposite Party for the month ofMay 2018. The Opposite Party has stopped the payment of family pension to Subhasini Khadanga on the ground that the Original PPO has been lost in Opposite Parties Branch while it was in the custody of the Opposite Party. The mother of the Complainant has approached the Opposite Party. Several time both orally and written to release the family pension. But every time the Opposite Party advised that they have written letter to the authority to supply duplicate PPO. The mother of the Complainant died on 13/01/2020. Due to the negligence of the Opposite Party the mother of the Complainant debarred from her legitimate family pension. Hence the Complainant being the legal heir of Subasini Khadanga filed this case before this Commission.

2.  The Case of the Opposite Party is that the Opposite Party  did not appear and did not file the version. Sufficient opportunity has been given. But the Opposite Party did not turn up. Hence the Opposite Party is set exparte.
3. Perused the Complaint petition and document filed by the Complainant and following issues are framed:-

1. Whether the Opposite party is deficient in service ?

2. What relief the Complainant is entitled to get ?

Issue No.1.

            The Complainant is the Legal heir and son of Antaryami Khadanga and Subhasini Khadanga. Perused the record and the letter issued by State Bank of India on dated 02/12/2010 which reveals that the Bank admitted that the PPO of the family pensioner Subhasini Khadanga was lost. Due to the Latches of Bank the mother of the Complainant debarred from her legitimate right. The mother of the Complainant died on 13/01/2020. The Complainant filed the death certificate of  her mother. Due to the negligence and deficiency in service of the Opposite Party the mother of the Complainant suffered during her lifetime. The issue is answered accordingly.

Issue No.2.

            For deficiency in service of the Opposite Party the Complainant as legal heir of her mother Subasini Khadanga is entitled to get relief. The issue is answered accordingly.

            As per supra discussion the following order is passed.

O R D E R

The Complaint is allowed   exparte against the Opposite Party. The Opposite party is directed to pay the pension amount of Subasini Khadanga to the Complainant within one month from the date of this order.

Further the Opposite Party is directed to pay Rs. 30,000/-(Rupees thirty thousand)only compensation for harassment and mental agony and Rs. 5000/-(Rupees five thousand)only for litigation expenses to the Complainant. Failing which the entire amount will carry 12% interest P.A. till realization.

 Order pronounced in open court on this 16^th day of  October 2023.

            Supply free copies to the parties.  

      Typed to my dictation

                                                                                             and corrected by me.                                                                                           

                   I  agree/-                                                                       

       ( Smt. Anju Agrawal )                                                                  ( Jigeesha Mishra )

              Dt.16/10/2023                                                                            Dt.16/10/2023

              M e m b e r  (w)                                                                        P r e s i d e n t.