BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T. Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
Tuesday the 30th day of November , 2010
C.C.No 91/10
Between:
Sirigiri Nageswara Rao, S/o S.Venkata Subbaiah, Ex.Subedar J.C.No.4390 14 K R/o H.No. 87/126, Madhavi Nagar, Kurnool, Kurnool District-518 002.
.…Complainant
-Vs-
1. The Branch Manager,State Bank of India,
Atmakur, Kurnool District-518 422.
2. State Bank of India, Rep.by its Manager,
Main Branch Near Children Park,Kurnool Kurnool District-518 004.
.…Opposite Parties
This complaint is coming on this day for orders in the presence of Sri. N. Subramanayam, Advocate, for complainant, and Sri. A. Siva Ramaiah, Advocate for opposite party No.1 and Sri. V.V.Krishnama Raju , Advocate for opposite party No.2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No.91/10
- This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs
(a) to pay Rs.2,74,813/- towards the pension benefits amount with
interests @ 18% from the date of receipt of PPO i.e.,
11-11-2009 till the date of realization.
(b) to pay a sum of Rs.1,00,000/- to the complainant towards compensation for causing mental agony and financial loss.
(c ) to award costs of complaint.
(d) to pass such other relief or reliefs as the Hon’ble District Forum may deem fit and proper in the circumstances of this case.
(2) The case of the complainant is as under :- The complainant is Ex-Subedar, in army. He retired from army on 31-12-2007. As per 6th Central Pay Commission the pensionary benefits of the complainant are enhanced as per the PPO No.CORR/196015/2009. Difference amount of Rs.2,74,813/- has to be paid to the complainant as per the PPO. The complainant approached OP.No.1 and requested for payment. OP.No.1 avoided to make payment on some protest or other. With the hope of expectation of Rs.2,74,813/- the complainant borrowed money from private parties to meet his pressing demands. After waiting four months the complainant got issued a registered legal notice dated 19-03-2010 to the OPs asking for payment. The OPs acknowledged the notice but there is no response. There is deficiency of service on the part of the OPs. The complainant suffered both mentally and financially. Hence the complaint.
3. OP.No.1 filed written version stating that the complaint is not maintainable. The complainant suppressed true facts and filed the complaint to gain wrongfully. OP.No.2 received proceedings dated 03-11-2009. After receipt of the same the papers were forwarded to central pension processing centre, Hyderabad. On receipt of the copy of the letter OP.No.1 requested the complainant to furnish PPO order and other relevant documents for onward transmission. The complainant instead of complying the same got issued legal notice dated 19-03-2010. OP.No.1 through its letter dated 14-05-2010 requested the complainant to produce relevant documents. The complainant informed that he already filed the complaint in the forum. Inspite of non cooperation of the complainant, the entire pensionary benefit amount was credited in the account of the complainant on 15-06-2010. The delay occurred due to non cooperation of the complainant. There is no deficiency of service on the part of the OP.No.1
OP.No.2 filed written version admitting that the complaint had to receive pensionary benefits of Rs.2,74,813/- .Immediately after filling of this complaint OP.No.2 arranged the amount and credited the said amount in the S.B account of the complainant on 15-06-2010. There is no deficiency of service on the part of the OP.No.2. The complaint is liable to be dismissed.
4. On behalf of the complainants Ex.A1 to A6 are marked and the sworn affidavit of the complainant is filed. On behalf of the opposite parties Ex.B1 to B3 are marked and the sworn affidavits of OP.No. 1 and 2 are filed.
5. Both sides filed written arguments.
6. The points that arise for consideration are
(i) whether there is deficiency of service on the part of the OPs ?
(ii) whether the complainant is entitled to the reliefs as prayed for?
(iii) To what relief?
7. Point No.1 & 2: Admittedly the complainant worked as Subedar in army and he retired from service. It is also admitted that the complainant had to receive total amount of Rs.2,74,813/- as per PPO
No.CORR/196015/2009. The said amount is to be paid through OP.No.1. Ex.A1 is the copy of the service pension proceedings of the complainant. Ex.A2 is the PPO order. As seen from Ex.A1 and A2 it is very clear that the complainant had to receive total amount of Rs.2,74,813/- through OP.No.1. It is the case of the complainant that after receiving the PPO order he met OP.No.1 and requested OP.No.1 to pay the amount and that the OP.No.1 did not respond. Except the affidavit evidence of the complainant there is no independent evidence to show that the complainant met OP.No.1 immediately after receipt of the PPO order and requested OP.No.1 to pay the amount due to him. It is the case of OP.No.1 that on receipt of the copy of the PPO letter it requested the complainant to furnish PPO letter and other relevant documents to arrange payment and that the complainant did not comply the same and that the complainant got issued legal notice on 19-03-2010. For payment of the revised pensaniory, benefits Bank has to follow the procedure. The complainant filed the present complaint on 30-04-2010. After receipt of the notices by the OPs the amount due to the complainant was credited in his S.B account on 15-06-2010. The non payment of the amount to the complainant within reasonable time amounts to deficiency of service on the part of the OP.No.1.
8. It is also the case of the complainant that because of non payment of the amount by OP.No.1 he had to borrow money from private parties on interest and that he suffered mentally and financially. The complainant filed Ex.A5 and A6 copies of the promissory notes dated 19-11-2009 and 23-12-2009. The present complaint was filed on 30-04-2010. Had the complainant borrowed money under the originals of Ex.A5 and A6 promissory notes, he would have mentioned the names of persons from whom he borrowed money in the complaint. In the complaint the complainant did not mention the names of the persons from whom he borrowed money. For the 1st time the complainant in his sworn affidavit stated that he borrowed moneys form S.Satya Narayana and P. Sarweswaraiah under the originals of Ex.A5 and A6. We are not inclined to believe the contentions of the complainant that he borrowed moneys from 3rd parties as there was delay in payment of the pensionary benefits by OP.No.1. Admittedly the amount was credited in the account of the complainant during pendency of the complainant. The complainant must have suffered mentally due to non payment of the pensionary benefits to him within time. We think it is just and proper to direct OP.No.1 to pay an amount of Rs.2,000/- for causing mental agony to the complainant.
9.Point No3: In the result the complaint is partly allowed directing the OP.No.1 to pay an amount of Rs.2,000/- for causing mental agony to the complainant along with costs of Rs.500/- . The complaint against OP.No.2 is dismissed .
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 30th day of November, 2010.
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Corrigendum PPO No.S/CORR/196015/2009 Army Madras Regiment dt.03-11-2009.
Ex.A2. Photo copy of Corrg.PPO order of the office of the Principal CDA pensions Allahabad.
Ex.A3. Office copy of legal notice dt. 20-03-2010.
Ex.A4. Two Postal receipts and two acknowledgements
Ex.A5. Photo copy of promissory note dt.19-11-2009
Rs. 1,00,000/- of S.Satyanarayana.
Ex.A6. Photo copy of promissory note dt.23-12-2009
Rs. 2,00,000/- of P.Sarweswaraiah
List of exhibits marked for the opposite parties:
Ex.B1. Photo copy of letter dt. 14-05-2010 by OP1 to complainant.
Ex.B2. Photo copy of reply letter by complainant to OP1
dt.07-06-2010.
Ex.B3. Statement of account of complainant NO.11249889834
dt. 21-07-2010.
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
