Bihar

Muzaffarpur

CC/101/2014

Sri Heeraalal Jha - Complainant(s)

Versus

The Chief Manager, State Bank of India & Others - Opp.Party(s)

Sri Vinod Kumar

23 Jan 2020

ORDER

DISTRICT CONSUMER FORUM, MUZAFFARPUR
BIHAR
 
Complaint Case No. CC/101/2014
( Date of Filing : 02 Aug 2014 )
 
1. Sri Heeraalal Jha
Basauli Niwas Pankhatoli, Gupta Lane, Amgola, P.O.-Ramna, Muzaffarpur
...........Complainant(s)
Versus
1. The Chief Manager, State Bank of India & Others
Red-Cross Building, P.O.-Town, Muzaffarpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Anil Kumar Singh PRESIDENT
 HON'BLE MR. Dr. Narayan Bhagat MEMBER
 
For the Complainant:Sri Vinod Kumar, Advocate
For the Opp. Party: Sri Rajendra Kumar & Surendra Kumar, Advocate
Dated : 23 Jan 2020
Final Order / Judgement

The complainant Sri Heeralal Jha has filed this complaint petition against Chief Manager, State Bank of India Red Cross building  Muzaffarpur and  one another for  realization of pension amount since 21-09-2013 to 07-01-2014 with interest of 9 % p.a. Rs. 60,000/- as economical , mental and physical harassment and Rs. 10,000/- as litigation cost.

The brief facts, of the case is that the complainant  is Rtd. Senior Police Officer, of Bihar Government and he holds Pension Account Bearing No.1087596077 in the bank of o.ps. The further case is that A.G. Bihar ( A & E)  Patna sent a letter no.- 02 Pen No.- 30713020921436470 G dated 09-08-2013. PPO – No. 436470 to T.O., Muzaffarpur for payment of Rs. 2,34,878/- In the Pen. Account of complainant. The further case is that T.O. Muzaffarpur sent  the order vide his letter no.-2780 dated 24-09-2013 for payment of the amount to the complainant. The further case is that after receiving of the letter o.ps denied  to credit the pension amount in the account of complainant, thereafter complainant met with o.ps on 18-11-2013 and filed a petition  but no action was taken by the o.ps. The further case is that on 07-01-2014 the o.ps credited the amount Rs. 2,34,878/- in the account of complainant. The further case is that the complainant sent a legal notice on 28-01-2014 and filed this case.

The complainant has filed the following documents with the complaint petition- Photocopy of  pass book front page bearing A/c No. 10875996077 –annexure-1, photocopy of  letter of A.G. dated 08-08-2013 to T.O. Muzaffarpur-annexure-2, photocopy of letter of T.O. Muzaffarpur –annexure-3, photocopy of letter of complainant to Manager SBI Red Cross Muzaffarpur annexure-4, photocopy of ATM custumer advice annexure-5

On issuance of notices,  o.ps appeared but didn’t file their w.s. so they have been debarred from filing w.s. vide order dated 27-02-2019.

The complainant has examined himself on affidavit as  AW-1  And   Vikash Kumar has been examined as AW-2.

No evidence has been adduced on behalf of o.p.

The complainant  has stated in his complaint petition that A.G., Bihar sent a letter to T.O. for payment of Rs. 2,34,878/- in the PEN Account of complainant  and T.O. Muzaffarpur sent the payment  order to o.ps vide his letter no. 2780 dated 24-09-2013.  The complainant has only annexed the letter no. 02/ PEN030713020921/436470G1 dated 08-08-2013 as annexure-2,   but he has not filed the letter no. 2780 dated 24-09-2013. He has annexed annexure-3, to support the above contention. On perusal of annexure-3 it transpires that the complainant  has filed a petition before T.O., Muzaffapur for knowing  as to on what  date advice was sent to SBI Red Cross. The complainant  has not annexed the letter no. 2780 dated 24-09-2013 of T.O. Muzaffarpur, rather  endorsement in the petition  of complainant  sent to T.O Muzaffarpur has been mentioned.  None has been examined on behalf of complainant to show that he had mentioned the above endorsement in  annexure-3. So, it is not proved on behalf of complainant as to on what date. T.O Muzaffarpur sent  advice/ payment order along with P.P.O to o.ps. On perusal of annexure-5, photocopy of ATM Customer advice it transpires that the amount of Rs. 2,34,876/- has been credited in the PEN Account of the complainant.  So, it transpires that there is no deficiency on part of the o.ps. and as such the complainant petition is liable to be dismissed.

Accordingly, the complainant petition is dismissed.

 
 
[HON'BLE MR. Anil Kumar Singh]
PRESIDENT
 
 
[HON'BLE MR. Dr. Narayan Bhagat]
MEMBER
 

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