Haryana

Ambala

CC/165/2016

Surjit Singh - Complainant(s)

Versus

The Branch Manager,PNB - Opp.Party(s)

Sanjeev Gawri

21 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

                                                                  Complaint Case No. : 165 of 2016

     Date of Institution    : 29.03.2016

       Date of Decision      : 21.02.2018.

 

Surjit Singh aged about 55 years s/o Sh.Sampuran Singh r/o V.P.O.Jatwal, Tehsil Nariangarh District Ambala.

……Complainant

Versus

 

1.The Branch Manager, Punjab National Bank Sadar Bazar Ambala Cantt.

2.The Circle Officer, Punjab National Bank House, SCO 31-42, Bank Square, Sector 17-B, Chandigarh.

3.Managing Director/Director, Punjab National Bank # 7,Bhika Ji Cama Place, New Delhi.

……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act.

 

BEFORE:   SH.D.N.ARORA, PRESIDENT.

                   MS. ANAMIKA GUPTA, MEMBER.

                   SH.PUSHPENDER KUMAR, MEMBER.

                  

Present:       Sh.Saniv Gawri, Advocate for complainants.

                   Sh.Shubham Aggarwal, counsel for the OPs.

  

ORDER

 

                   Brief facts of the present complaint are that complainant is ex-Sepoy and was discharged on 30.11.1996 from Sikh Regiment.  The complainant is drawing pension through OP No.1 vide S/B No. 0014000300665504 vide PPO No.S/036636/96 (Army) Sikh Regiment, Sr.No.3379116. Later on complainant sanctioned an additional element of disability pension from 01.12.1996 vide PPO No.DE/001966/97  from the date of his discharge to 10.09.1998 and the period of disability pension was revised from time to time by the concerned department and lateron disability pension was awarded for life by competent authority to the complainant vide PPO No.D/RA/23923/2004 and intimation regarding this was sent to OP No.1 for compliance but it failed to make the payment timely as the disability pension was revised by the competent authority and it also failed to pay arrears of revised pension in time. The Op No.1 informed the complainant that total dues were Rs.11,36,605/- but amount of Rs.9,27,823/- was only paid to the complainant and balance amount of Rs.2,08,772/- was to be paid to the complainant. On checking the complainant noticed that an amount of Rs.2,09,210/- was credited on 27.08.2015 being arrears of disability pension. The complainant has suffered huge financial losses due to untimely payment of disability pension which was made after following OP No.1. The act and conduct of the OPs clearly amounts to deficiency in service because the OPs have not complied with the orders of competent pension authority by not paying arrears from 01.12.1996 to 31.03.2003 and also not supplied the relevant record. The complainant requested the OPs to make the loss good by making interest on the due amount of Rs.2,09,510/- from due date till 27.08.2015  and also got served legal notice upon them but to no avail.  In evidence the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C16.

2.                          On notice OPs appeared and filed joint reply wherein several preliminary objections such as cause of action, locus standi and   maintainability etc. have been taken. The OPs have always complied with the orders of authority i.e. Central Defence Authroty for grant of pension to the pensioners. The disability pension is not a regular pension and as and when partially sanctioned was sent then the OP No.1 had made the payment of the disability pension. The OPs have informed the complainant through letter dated 23.07.2015 regarding making of payment of arrears pertaining to period from 01.12.1996 to 31.03.2003. On scrutiny the OPs found an arrear of Rs.2,08,772/- and the same was immediately paid to the complainant on 27.08.2015 and regarding this intimation was also sent to him. As and when the OP gets the PPO then the Op No.1 after calculating the arrears immediately deposit the same in the respective accounts. There is no deficiency in service on the part of the OPs. Other contentions have been controverted and prayer for dismissal of the complaint has been made.  In evidence, the OPs have tendered Affidavit Annexure RA and documents Annexure R1 to Annexure R2.

3.                We have heard learned counsel for the parties and gone through the record very carefully.

4.                It is not disputed that as per account statement of account Annexure C8 total due from 01.01.2003 to 05.2015 was Rs.1136605/- and during this period an amount of Rs.927833/- was drawn to the complainant, therefore, balance amount was Rs.2,08,772/- was to be drawn to the complainant. Perusal of the Annexure R1 reveals that difference amount of Rs.208772/- was released in favour of the complainant on 08/2015.  This fact is also not disputed by the complainant that the balance amount has not been released to him. The grouse of the complainant is that due to untimely payment of the arrears/amount he has suffered huge financial loss and the OPs have not complied with the letters sent by his employer/competent authority. In order to rebut the plea of the complainant, the OPs have draw the attention of this Forum towards Annexure R1 wherein it has been mentioned that difference of amount of Rs.208772/- has already paid to the complainant. The complainant has not produced any evidence on the case file to show that as to which letters the Ops have not complied with and what loss the complainant has suffered due to inaction on the part of the OPs.  Moreover, the complainant can withdraw the pension amount from his saving bank account operated by the Ops as per his convenient and who had stopped him for doing so. The Ops have specifically mentioned their reply that as and when the amount of pension/disability has been received then the same was released to the complainant and this fact also finds support from Annexure R2. The complainant vide letter Annexure C1 requested to release the disability pension granted to him, therefore, as per OPs the total pension amount received by them was calculated and as per statement Annexure R8 total balance amount was Rs.2,08,772/- which has already been released to the complainant on 27.08.2015 before filing of the present complaint and nothing is due towards the bank. It is a settled principle of law that the complainant is the master of his/her case and he/she has to prove the same by leading cogent and reliable evidence without taking the benefit of weaknesses of other party but in the present case the complainant instead of leading concrete evidence to prove his contentions is trying to take the benefit of Statement of account Annexure C8 issued by the OPs wherein the balance amount of Rs.208772/- has been shown as balance. Since the balance amount has already been made to the complainant before filing of the present complaint and the complainant has even not lodged any protest at the time of receiving of that amount then he is ceased to take any plea that due to untimely making of payment by the Ops he has suffered huge financial loss.

5.                          Keeping in view the circumstances explained above as well as the fact that we are of the confirmed view that the payment has already been made to the complainant without rendering any deficiency in service on the part of OPs, therefore, present complaint is dismissed leaving the parties to bear their own costs. Copy of the order be sent to the parties concerned, free of costs, as per rules.  File after due compliance be consigned to record room.

 

Announced on: 21.02.2018                                           (D.N.ARORA)

                                                                                         PRESIDENT

 

            (ANAMIKA GUPTA)

                                                                                        MEMBER

 

 

                                                                        (PUSHPENDER KUMAR)

                                                                                MEMBER