Complainant files hazira.

The case is taken up today for exparte order.

This is a case under Section 12 of the Consumer Protection Act, 1986.  The brief facts of that case are that the complainant is an unmarried daughter of Late Satyanarayan Bose, a railway employee who died in harness on 06.07.1979 while working as Senior TRC, New Jalpaiguri (NJP) under N.F. Railway administration.  After demise of her father, the complainant’s mother Smt. Annapurna Bose was sanctioned and got family pension of her deceased father under the PPO No.KIR/PN/1510 dated 27.10.1979 issued by the competent Railway Authority.  Mother of the complainant died on 24.01.2008.  After death of her mother, the complainant being the unmarried, unemployed and dependent daughter of Late Satyanarayan Bose, become entitled to her lifetime family pension till her marriage or employment or death whichever occurs earlier as per Railway Board’s latest circular.  Accordingly, life time family pension was sanctioned to the complainant from 25.01.2008 fixing her rate of monthly Pension Plus D.R. (as admissible time to time) therein and informing and instructing OP Nos.2 & 3 Banks that the complainant to draw her monthly pension through her S.B. Account No.02100110000465 maintained with OP No.3 branch, vide Sr. Divl. Finance Manager, N.F. Railway, Katihar No.KIR/PN/1510 dated 08.04.2009.  In accordance with such sanction, the complainant started getting monthly life time pension through her aforesaid S/B Account maintained by her with the OP No.3 bank from 25.01.2008 and thus she received her monthly pension upto June, 2015.  It is surprising that without assigning any reason, the payment of monthly life time pension of the complainant was stopped by the OPs from July, 2015 when the status of the complainant is remain unchanged and no instruction was given from Railway Authority for such stoppage.  When after repeated knocking for payment of pension to the disbursing bank, who being the OP No.3 herein, failed, the complainant then in writing lodged a complaint to the OP No.3 for early payment of her pension since she is in great hardship for non-payment of the same by her letter dated 14.01.2016 which also went in vain despite due received.

Thereafter the complainant through e-mail message dated 02.03.2016 brought the matter to the knowledge of the OP No.1 herein, but the said representation of the complainant also left unresponded.

Contd…….P/2

-:2:-

  Finding no other way, but for her survival the complainant wrote to Sr. D.F.M., N.F. Railway, Katihar, the sanctioning and Pension Payment Authority to clear the anomaly as to her pension by Registered letter dated 09.04.2016 with A/D and on receipt of the said letter Senior D.F.M., Katihar requested the OP No.2 to intimate his office the reason of such stopping of pension by taking the matter as urgent vide his letter No.KIR/PEN/1510 dated 13.05.16, but the said letter of the Pension Sanctioning Authority was left unheeded.  Complainant also informed the matter to Chief Customer Service Officer (internal Ombudsman), UCO Bank, Kolkata by registered letter dated 20.04.2016 to get relief which also yield no relief.  Meanwhile on getting telephonic call of the OP No.3 bank and on their instructions the complainant had submitted her Life Certificate on 30.04.16 though she has submitted her life certificate earlier within its scheduled stipulated time.  The OP No.3 on receiving the life certificate of the complainant on 30.04.2016 had also assured that now pension would be started.  The said assurance also yield futile till filing of this complaint before this Forum. 

It has been asserted by the complainant that such stoppage of monthly pension of the complainant from July, 2015 which is the only means of livelihood of the complainant by the OPs is wholly illegal and without any authority, since there is no change of status and circumstances of the complainant and no instruction from Pension Sanctioning Authority.  OPs not stating the reason of their stoppage of monthly life time pension of the complainant even after complainant’s series of representations to that effect, speaks for sheer negligence and serious deficiency in discharging the official duties on the part of the OPs.  Hence, this complaint.

The OPs entered appearance by filing vakalatnama, but they did not contest the case.  Hence, the matter is taken up for exparte hearing. 

To prove the case, the complainant has filed the following documents:-

1.       Copy of PPO No.KIR/PN/1510 dated 27.10.79 of Smt. Annapurna Bose for family Pension of W/O. Late Satyanarayan Bose.

2.       Copy of letter No.KIR/PN/1510 dated 27.10.79 of Sr. D.F.M./N.F. Rly./Katihar to OPs, asking them to return the original PPO of Late Annapurna Bose to consider the family pension to complainant Miss Alpana Bose. 

Contd…….P/3

-:3:-

3.       Copy of sanction of life-time Family Pension to complainant vide No. No.KIR/PN/1510 dated 08.04.2009 of Sr. D.F.M./N.F. Rly./Katihar.

4.       Copy of written representation by complainant to OP No.3 Bank dated 14.01.2016 to clear her pension. 

5.       Copy of E-mail representation to OP No.1 by the complainant dated 02.03.2016 for taking immediate action as to her pension. 

6.       Copy of complaint dated 20.04.2016 to Chief Customer Service Officer (Ombudsman), Kolkata, for relief of her pension. 

7.       Copy of letter dated 09.04.2016 to Sr. D.F.M./N.F. Rly./Katihar to clear anomaly of her Pension by the complainant.  

8.       Copy of letter dated 13.05.2016 of Sr. D.F.M./N.F. Rly./Katihar to OPs asking them the reason of stopping the pension.

9.       Copy of S.B. A/C of Pass Book of the complainant showing Pension paid up to June, 2015.

10.     Copy of Aadhaar Card of the complainant.   

Points for decision

1.       Is there any deficiency in service on the part of the OPs.

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason

Both issues are taken up together for the brevity and convenience of discussion.

This is the specific case of the complainant that she being the unmarried unemployed dependent daughter of Late Satyanarayan Bose, a Govt. Railway servant who died in harness on 06.07.1979 used to get family pension on and from 25.01.2008 and she received her monthly pension upto June, 2015, but the OPs without assigning any reason all on a sudden stopped her monthly pension from July, 2015 when the status of the complainant was remain unchanged and no instruction from D.F.M, N.F. Railway, Katihar, Pension Sanctioning Payment Authority was given to the OPs for such stoppage.  Complainant on several times knocked the door of the OPs by sending series of representation in writing as well as through e-mail message but all her representations left unresponded and without getting any alternative, complainant was compelled to write to the Pension Sanctioning Authority, Katihar and in spite of request of the Pension Sanctioning Authority i.e., Sr. D.F.M.,

Contd…….P/4

-:4:-

Katihar, the OPs did not take any initiative for payment of the monthly pension in favour of the complainant.

In this regard, the complainant has submitted a good number of documents to establish her cash.  On perusal of the copy of sanction of life time family pension in favour of the complainant, vide KIR/PEN/1510 dated 08.04.2009 of Senior D.F.M./N.F. Railway/Katihar and the S/B Account Pass book, it appears that in view of sanction of life time pension by the pension sanctioning authority, the complainant started getting monthly pension on and from 25.01.2008 and she received pension till June, 2015.  The copy of letter dated 14.01.2016 addressed to OP No.3 and the copy of e-mail representation to OP No.1 by the complainant dated 02.03.2016 and the copy of complaint dated 20.04.16 addressed to the Chief Customer Service Officer (Ombudsman), Kolkata disclosed that the complainant sent several representations to the OPs for payment of monthly pension on and from July, 2015 as the same was suddenly stopped by the OPs without assigning any reason.  But the OPs gave deaf hear and did not think it necessary to disburse the monthly family pension which is the only means to meet up the livelihood of the complainant.  It is surprising that even after intimation of the pension sanctioning authority vide letter no.KIR/PN/1510 dated 13.05.2016 asking the OP Nos.1 & 2 the reason of such stopping pension, the OPs did not think it necessary to inform reply to the pension sanction authority the reason of stopping pension of the complainant.          

In course of argument, the Ld. Advocate appearing on behalf of the complainant, has submitted that after initiation of the proceedings before this Forum, the OPs has started to pay the monthly pension as well as arrear pension dues since July, 2015 and thus on 29.08.2016, a total sum of Rs.1,08,990.00 has been credited in the pension account of the complainant. 

In this regard, the complainant has submitted her Pension Account book which also shows that after lapse of 11 months the OPs bank all on a sudden on 29.08.2016 credited a total sum of Rs.1,08,990.00/- in the pension account of the complainant.    

From the facts and circumstances of the case, as well as evidence cited on the side of the complainant it is clear that the OPs without assigning any reason had illegally and arbitrarily stopped to credit the

Contd…….P/5

-:5:-

monthly family pension in the account of the complainant since July, 2015 which is the only means of livelihood of the complainant.  It is interesting that after initiation of the proceedings before this Forum, the OPs started to pay the monthly pension as well as arrear pension dues since July, 2015 and on 29.08.2016, a total sum of Rs.1,08,990.00/- was deposited in the pension account of the complainant. 

Here we find that the OP No.3 is the Pension disbursing officer to whom the complainant several times requested verbally and in writing to regularise her pension, but the OP No.3 neither paid any heed to her request nor he took any initiative to give relief to the complainant, it is sheer negligency on the part of the OP No.3 to discharge his official duties as pension disbursing officer. 

OP No.1 is the Chief Manager, UCO Bank, Central Pension Processing Cell to whom the complainant requested through e-mail message and OP No.2, is the Chief Manager, UCO Bank main who was also informed by the D.F.M., Katihar to intimate his office the reason of such stopping of pension by taking the matter urgent vide his letter dated 13.05.16.  But both the OP Nos.1 & 2 are found totally silent despite due receipt of e-mail message and intimation.  OP Nos.1 & 2 have neglected and failed to discharge their official duties and as a result the complainant was deprived of her monthly pension since July, 2015 and it was continued till August, 2016 without any cogent reason. 

The nature of refusal/stoppage to pay the monthly pension to the complainant without assigning any reason, this Forum constrains to hold such activities of the OPs come within the purview of deficiency of service as provided under Clause (2)(i)(g) of the Consumer Protection Act, 1986.  Inaction on the part of the OPs created mental pain, agony and sufferings to the complainant.  Accordingly, complainant is entitled to get a compensation of Rs.5,000/- from each of the three OPs towards her pain, mental agony, sufferings as well as harassment caused by the OP No.3.    

The complainant is further entitled to get litigation cost of Rs.5,000/-  from the OPs.

Hence, it is

                                      O R D E R E D

that the Consumer Case No.73/S/2016 is allowed exparte in part with cost of Rs.2,000/-.

Contd…….P/6

-:6:-

OP Nos.1, 2 & 3 are jointly and severally directed to pay Rs.15,000/- by issuing an account payee cheque in the name of the complainant for mental pain, agony, sufferings, harassment, tension etc. within 45 days from the date of this order.

The OP Nos.1, 2 & 3 are further directed to pay Rs.5,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days of this date of this order.

Failing which the amount will carry interest @ 9% per annum on the award of Rs.15,000/- from the date of this order till realization.

In case of default, the complainant is at liberty to execute this order through this Forum as per law.

Let a copy of this order be supplied to the complainant free of cost.