Date of Filing : 20.06.2012

  Date of Order : 28.07.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 28^th JULY 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

CC No. 74 / 2012

Smt. Lakshmi Bai,

W/o. Kaloo Ram Singh,

Rajenahalli Village, Malur Taluk,

Kolar District.                                                        ……. Complainant

(In person)

V/s.

1. The Manager,

    State Bank of India, Doddachinnahalli Branch,

    Bangarpet Taluk,

    Kolar District.

2. The Manager,

    State Bank of India, Kolar Branch,

    Kolar.

    (Ops 1 & 2 served absent)

3. The Treasury Officer,

    Kolar District,

    Kolar.                                                                …… Opposite Parties

    (In person)

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OPs to submit all the relevant records to OP3 regarding family pension of the Complainant and to pay Rs.5,000/- are necessary:

One Kaloo Ram Singh was working in the Police Department and after his death family pension was sought and it was being paid by Ops 1 & 2 through OP3 to the first wife Pacha Bai in S.B. A/c. 41795 and to the second wife i.e., Complainant through State Bank of Mysore.  The said Pacha Bai died on 12.02.2005.  Hence, from that date, Complainant is entitled to full pension of Rs.4,500/- per month. Whenever she approached OP3 who requested the matter to Ops 1 & 2 for sending the records and in this regard several correspondences were made, but Ops 1 & 2 are not caring anything.  As Complainant is suffering, she is put to mental agony in this regard.  Hence the Complaint.

2(a)    Ops 1 & 2 though served remained absent throughout the proceedings.

2(b)   OP3 has filed letter along with documents.  In brief are:-

OP3 on 17.09.2011, 09.03.2012 & 11.06.2012 has written to the Ops 1 & 2 regarding refixation of the Pension of the Complainant and they have not replied.

3.       To substantiate their respective cases, parties have filed their respective affidavits and arguments were heard.

4.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

5.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

6.       Reading the pleadings in conjunction with the documents on record, it is an admitted fact that the Complainant is the second wife of one Kaloo Ram Singh who was working in Police Department and on his death family pension was being distributed equally to the 1^st wife Pacha Bai and 2^nd wife Lakshmi Bai i.e., Complainant. It is also an admitted fact that Pacha Bai died on 12.02.2005 and from that date Complainant is entitled to full family pension, but she was not given that full pension, but was given only Rs.1,093/-.  She is entitled to Rs.4,500/- per month from that date.  In this case, Complainant made several requests to the Ops, but the Ops 1 & 2 are not caring to respond to the same.  This is nothing but deficiency in service. 

7.       Even OP3 on 17.09.2011, 19.03.2012 & 11.06.2012 has requested the Ops 1 & 2 to clarify situation so that correct family pension be fixed to the Complainant.  Ops 1 & 2 failed to comply with the said request.  This is nothing but deficiency in service and this caused mental agony to the Complainant. 

8.       Hence, if we direct the Ops 1 & 2 to submit all the relevant records of the Complainant and Pacha Bai to OP3 within 30 days and to pay compensation and costs to the Complainant and also if the Ops 1 & 2 fail to comply, to direct OP3 to refix the entire  pension in accordance with Law and pay it to the Complainant from the date of death of the Pacha Bai, that will meet the ends of justice.  Hence, we hold the above points accordingly and we pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       Ops 1 & 2 are directed to submit all the relevant records of family pension with respect to Pacha Bai and the Complainant with respect to refixation of the family pension of the Complainant from 12.02.2005 onwards and with respect to the death of the Kaloo Ram Singh to OP3 within 30 days from the date of this Order.

3.       Ops 1 & 2 are directed to pay Rs.5,000/- each as compensation to the Complainant. 

4.       Ops 1 & 2 are also directed to pay Rs.2,000/- each as costs of this litigation to the Complainant.

5.       OP3 shall refix family pension of the Complainant immediately after 30 days from today and within 30 days thereafter either after receiving the records from the Ops 1 & 2 or otherwise on the available records on the statement of the Complainant, from 12.02.2005 and pay arrears to the Complainant within 60 days from today.

6.       OPs 1 & 2 are directed to comply with the order at (2) & (5) above by sending records and amount as ordered above to the Complainant by Demand Draft, through RPAD and submit to this Forum the compliance report with necessary documents within 75 days.

7.       Send copy of the Order to the parties concerned free of cost.

8.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 28th day of July 2012)

T. NAGARAJA                                                       H.V.RAMACHANDRA RAO

    Member                                                                   President

SSS