Andhra Pradesh

East Godwari-II at Rajahmundry

CC/2/2016

A.V.Sobhanadri Swamy - Complainant(s)

Versus

The Incharge Officer, Central Pension Processing Centre, SBI - Opp.Party(s)

In Person

20 Jun 2016

ORDER

                                                                                                Date of filing:   05.01.2016

                                                                                                Date of Order: 20.06.2016

 

BEFORE THE DISTRICT CONSUMER FORUM-II, EAST GODAVARI

DISTRICT AT RAJAHMUNDRY

 

                          PRESENT:   Smt H.V. Ramana, B.Com., L.L.M.,   PRESIDENT(FAC)

                      Sri A. Madhusudana Rao, M.Com., B.L., MEMBER          

    

               Monday, the 20^th day of June, 2016

 

C.C.No.2 /2016

Between:-

 

A.V. Sobhanadri Swamy, S/o.Swargiya Sriman A.V.

Narasimha Acharyulu, aged 65 years, Occ: Retired

Sr.Auditor/Sr.Acctt. P&T, Audit & Accounts (Accounts

Branch), Hindu, R/o.2-80/1, Main Road, Sivakodu - 533244,

Razole Mandal, East Godavari District, Andhra Pradesh.                      …  Complainant

 

                                    And

 

1)  The Incharge Officer,

      Central Pension Processing Centre, SBI,

      Musheerabad, Just before Raja Deluxe Theater,

      Hyderabad – 500 020.

 

2)  The Branch/Chief Manager,

      State Bank of India, Prasad Marg,

      Razole – 533 242, East Godavari District, A.P.                                  …  Opposite parties

 

 

 

            This case coming on 07.06.2016 for final hearing before this Forum in the presence of the complainant, who appeared in person and the opposite parties having been set  ex-parte, and having stood over till this date for consideration, this Forum has pronounced the following:  

 

O R D E R

[Per Smt. H.V. Ramana, President (FAC)] 

This is a complaint filed by the complainant U/Sec.12 of Consumer Protection Act 1986 to direct the opposite parties to pay Pension + relief for December, 2015, difference of increments and arrears thereof by adding the increased basic pension on account of revision as per statement dt.05.11.2013; to pay Rs.50,000/- as mental agony for not paying the arrears in time and tried to draw the pensioners amounts by other computerists in Razole and Hyderabad and pay costs of the complaint.

2.         The case of the complainant is that he is a pensioner and was receiving his pension plus relief from the SBI, Razole processed by Central Pension Processing Centre, Hyderabad and being the sanctioning authority is Director of Accounts, Postal, Andhra Circle, Hyderabad. The complainant is a retired Auditor/Sr.Acctt. (P&T Audit & Accounts, Hyderabad) originally relates A.G.’s office, Hyderabad and on bifurcation of Audit & Accounts, P&T, Hyderabad, on part with Railway Audit & Accounts etc., he is posted to postal accounts wing, Hyderabad with promised of giving benefits on part with audit employees and there was option to remain themselves in audit or transfer themselves with willingness to Accounts Branch, Hyderabad. The complainant refused to be posted to Accounts wing as it is Executive wing, but for want of vacancy, he is forcibly thrown to Accounts branch even though he passed L.D. to Auditor test in as well 1975 itself before bifurcation of Audit & Accounts, P&T, Hyderabad and he came to A.G.’s office, Hyderabad, by resigning himself as Stenographer to Hon’ble Chairman, Tribunal for Disciplinary proceedings, Govt. of A.P., Hyderabad due to different reasons in those days, firstly term services, Andhra Telangana agitation, Rs.50/-ore basic pay than State of A.P. and also to get up early for taking own dictations from Hon’ble Judges, appointed as Chairman, Tribunal for disciplinary proceedings, Govt. of A.P., Hyderabad and other reasons. The complainant is having two accounts SB Account with No.20142404184/20142404173 with the same branch as there was a direction previously not to credit other credits i.e. personal credits of the pensioner in the pension plus relief account, but as per directions of the Director General, Postal, PEA wing, New Delhi, no separate account need be maintained by the pensioner, but for convenience of accounting in case of arrears of re-fixation of pension plus relief on the recommendations of pay commission etc. or on any specific orders from the concerned Directors to the respective departments. The letter No.120/Pen.V/PPO No.16632 LPR dt.13.11.2013. If the arrears are not sanctioned are ordered to be disbursing officer i.e. CPPC, SBI, Hyderabad and branch Razole. Hence, the complaint.

3.         The opposite parties remained ex-parte despite receipt of notices from this Forum.

4.         The proof affidavit filed by the complainant and Exs.A1 to A4 have been marked for the complainant.

5.         Heard the complainant.

6.         Points raised for consideration are:

 

1. Whether there is any deficiency in service on the part of the opposite parties?

            2. Whether the complainant is entitled for the reliefs asked for?

            3. To what relief?

 

7.  POINT Nos.1 & 2:  The complainant stated that the arrears are not sanctioned to the Disbursing officer i.e. CPPC, SBI, Musheerabagh, Hyderabad and SBI Branch, Razole. The main contention of the complainant is the arrears of the pension recommended by the pay commission are not deposited within the time by the opposite parties. To that extent, the complainant filed Ex.A1 was received from the office of Director of Accounts (Postal), A.P. Circle, Hyderabad. He also filed Ex.A2, copy of the passbook from 27.10.2015 to 07.12.2015.  He also filed a Circular vide Ex.A3 i.e. fixation of pay and grant of four advanced increments dated 27.01.2014.  He also filed postal pension through banks (office memorandum) vide Ex.A4.

            The complainant’s main contention is that the opposite parties failed to deposit the amounts which are received from the office of the Director of Accounts (Postal), Andhra Pradesh Circle, Hyderabad within the time. The opposite parties deposited four months arrears (i.e. Rs.326/- per month) which are received from the Pension Disbursement Authorities on 02.11.2015. The complainant contended that the bank authorities delayed in depositing the amounts and making the entries in the passbook.

            After perusing the material on record, we observed that the complainant has not made the “Office of the Director of Accounts (Postal), Andhra Pradesh Circle, Hyderabad” as party to the proceedings. In our opinion, as far as the bank is concerned once the pension authorities sent the amount to the concerned banks, then only the bank people can give the pension to their customers. In this case, the complainant has not made the pension authorities as party to the present case. The Bank people once they received the amount immediately entered into the complainant’s account as per Ex.A2.

            The complainant wrote several irrelevant pleadings in his complaint, which are not come under the purview of this Forum.

            After perusing the documents and the material on record, it is observed that the opposite parties deposited the amounts as and when they received from the Pension authorities.  Hence, we are not finding any deficiency in service on their part. Therefore, the complaint is liable to be dismissed, without costs as there are no merits in the case.         

 

8.   POINT No.3:  In the result, the complaint is dismissed, without costs.   

 

 

                  Typed to dictation, corrected and pronounced by us in open Forum, on this the 20^th day of June, 2016.

    

                Sd/-                                                                                              Sd/-

              MEMBER                                                                              PRESIDENT(FAC)

         

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

 

FOR COMPLAINANT: None.                                         FOR OPPOSITE PARTIES: None.

 

DOCUMENTS MARKED

 

FOR COMPLAINANT:

 

 

 

Ex.A1    Letter No.120/pension5/PPO No.16632 LPR dt.13.11.2013.

Ex.A2    SB Accounts Xerox copy with SBI, Razole.

Ex.A3    Letter No.DA(P), Hyderabad, Admin 2 cell/IV adv.INC/2013 – 14 dt.27.01.2014,

              copy marked to the complainant.

Ex.A4    Letter No.26-26/2012-PA(PEA)/department of post ministry of communication IT,

              New Delhi, 110001, dt.10/2012, Directing RBI & CPPC to arrange pension payment

    through State Bank of India.

 

 

 

 

FOR OPPOSITE PARTIES:-          - Nil -

 

 

                Sd/-                                                                                           Sd/-

              MEMBER                                                                              PRESIDENT(FAC)