Date of Filing:31/03/2011

        Date of Order:19/05/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  19^th DAY OF MAY 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 638 OF 2011

Mr. Srikanth .K. Kabburi,

S/o. Late. Kadappa Kabburi,

R/at: No.395, Vidhyaniketan,

8^th Main Road, Freedom Fighters Layout,

Laggere Extension,

BANGALORE-560 088.                                                        ….  Complainant.

V/s

(1) The Manager,

State Bank Of Mysore,

14^th Cross, 12^th Main, Rajajinagar

1^st Block, Rajajinagar Branch,

Bangalore-560 010.

(2) The Managing Director,

State Bank Of Mysore,

K.G. Road, Anchepet, Chikpet,

Bangalore.                                                                    …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to pay a sum of Rs.52,826/-, are necessary:-

          The complainant had put in 35 of his years service as Lecturer and Head of the Department, Department of Political Science, K.L.E. College, II Block, Rajajinagar, Bangalore-560010, he had authored more than 40 books which are recommended in the universities as text books.  On 31.05.2006 the complainant retired from service on attaining age of superannuation.  The complainant has an account with the first opposite party in SB account No.54021782606 to which his arrears of pension of Rs.58,891/- was credited for the period between 01.06.2006 and 01.04.2010 in two installments.  On 10.09.2009 the Accountant General (A&E), Karnataka, Bangalore, has issued the authorization and pay order with respect to the Commutation payment order and GPO order of Rs.21,210/- and 26,736/-, in all amounting to Rs.47,946/-.  The opposite party No.1 has not credited the same to his account.  On enquiry it was informed that the Centralised Pension Procession Centre, Birwa Complex, Alake, Mangalore, had written a letter to the first opposite party on 09.06.2010 requesting it to send an original order to enable them to process and made payment.  Immediately on 13.07.2010 the complainant addressed a letter to the first opposite party enclosing the above said original order and requested them to pay the amount to him.  The arrears are required for his livelihood and for domestic purpose.  It appears that the original order was lost by the opposite party.  The opposite party have to make necessary correspondence to get the duplicate copy if they required.  Hence the complainant wrote to the Accountant General on 11.10.2010 requesting them to take appropriate steps in this regard.  First opposite party has written a letter on 21.12.2010 addressed to the Accountant General requesting them to provide the duplicate copy.  The complainant again ran to the Accountant General’s Office and learnt that such letters has to be handed over to the Sub-treasury Officer, Government Of Karnataka by RPAD it was conveyed to the opposite party.  The opposite party No.1 lacked the bare minimal diligence and professional etiquette to inform the complainant about the steps taken by it.  It is deficiency in service.  Hence the complainant issued a notice to the first opposite party on 10.02.2011 and copy also marked copy to the second opposite party.  In spite of that the opposite parties have not credited.  Hence the complainant is entitled to the amount of Rs.47,856/- with interest and compensation of Rs.5,000/-.

2.       In this case the opposite party No.1 had engaged an advocate and filed version and documents.  The same advocate has stated that he will also file power of attorney for opposite party No.2.  In spite of giving sufficient time the opposite party No.2 has neither engaged the service of the advocate nor filed vakalath nor filed version nor contested the matter.  In brief the version of the opposite party No.1 are:-

The complainant is having an SB account with the opposite party No.1, the opposite party No.1 has credited the amount of Rs.58,891 to his SB account in two parts and the balance amounting to Rs.47,856/- was not credited to the complainant’s account is admitted.  The letter written by the SBM Centralised Pension Processing Centre, Mangalore, did not reached the opposite party No.1.  Hence the said amount was not credited.  Letter dated: 09.06.2010, 13.07.2010 are admitted.  The original order which was sent by the first opposite party to the SBM Centralized Pension Processing Centre was lost in transit.  The first opposite party sent original DCRG and Commutation payment order which was sent to the Centralized Pension Processing Centre was lost.  The first opposite party handed over a hand written letter dated: 21.12.2010 addressed to Accountant General’s Office.  The complainant himself has taken the said letter from the first opposite party and handed-over.  There is no deficiency in service.

3.       To substantiate their respective cases both the parties have filed their affidavits.  Arguments were heard.

4.       The points that arise for our consideration are:-

:- POINTS:-

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

5.       Our findings are:-

Point (A)        :           In the Positive.

Point (B)        :           As per the final Order

                             for the following:- 

-:REASONS:-

Point A & B:-

6.       Reading the pleadings in conjunction with the affidavits and documents filed by both the parties it is admitted by both the parties that the complainant had an SB account No.54021782606 with the opposite party No.1.  The complainant is a retired Lecturer and Head Of Department, Department of Political Science, K.L.E. College, II Block, Rajajinagar, Bangalore-560 010.  He had retired from service on 31.05.2006.  His pension and DCRG Commutation amount was to be credited to his SB account.  Accordingly A.G. Office has issued the payment order to the opposite parties, but only Rs.58,891/- was credited to his SB account by the opposite party.  Subsequently the pension has been revised and the DCRG etc., has been revised and the opposite parties have to credit Rs.47,856/- to the account of the complainant by order dated: 10.09.2009.  In spite of that till date the said amount has not been credited to the complainant’s account.  The said authorization was handed over to the opposite party No.1 also.  In this regard the first opposite party has written a letter to the second opposite party on 09.06.2010 stating that DCRG of Rs.20,120/- and commutation of Rs.26,736/- are not yet paid and this has to be verified by the first opposite party.  In spite of that nothing has been paid.  The complainant has written a letter to the opposite parties on 13.07.2010 including his copy of the order.  Again he has written to the opposite parties on 18.10.2010.  Hence he issued notice to the opposite parties on 31.11.2011.  Even then the amount has not been paid.

7.       The SBM Centralised Pension Procession Centre, Birwa Complex, Alake, Mangalore, has written a letter to the first opposite party on 02.08.2010 that was handed-over to the complainant and the first opposite party has replied to the Centralised Pension Procession Centre, Birwa Complex, Alake, Mangalore  on the very date.  On 02.08.2010 the complainant was informed that the original order is required to that it was informed by the first opposite party itself that it has already been sent to them on 28.10.2009.  As it is sent it is for the opposite party to say that the amount is paid to the complainant since he is the beneficiary even then that has not been paid.  It is further seen from the letters of the opposite parties dated: 21.12.2010, 24.12.2010, 25.04.2011 that it has accepted the original order being given to it and it has been lost by them and it has accepted that the complainant is a very valued customer of the branch and it has to pay the amount.  That means the complainant’s original DCRG and Commutation order has been received by the opposite parties and it is their internal arrangement to send money from Centralised Pension Procession Centre, Birwa Complex, Alake, Mangalore.  But they are seeking an order from Centralised Pension Procession Centre, Birwa Complex, Alake, Mangalore.  It is their internal arrangement; how they have to solve it their internal problem it is for them to do it.  For two years they have not paid the balance amount to the complainant.  They may get their instructions from the Centralised Pension Procession Centre, Birwa Complex, Alake, Mangalore, but however the amount payable to the complainant is admitted, amount due to the complainant is admitted, orders from the Accountant General is also admitted.  When that is the case rest of the paper works they can do as per their wishes.  But they have to pay the amount to the complainant.  It is nothing but deficiency in service.  A pensioner knows how he is dependent on pension.  When the pension is not paid in time and the arrears of pension is not paid in time, how the pensioner’s have to survive the day to day life, to pay for grocery, rent, hospital charges, articles, etc.,.  Hence the action of the opposite parties are nothing but deficiency in service and unfair trade practice.  Hence if we pass the following order we think that will meet the ends of justice.  Hence we hold the above points accordingly and proceed to pass the following:-

-: ORDER:-

1. The Complaint is Allowed-in-part.
2. The opposite parties are directed to pay a sum of Rs. Rs.47,856/- within 30 days from the date of this order.  Failing which it shall pay the said amount with interest at the rate of 12% per annum from 10.09.2009 until payment within 60 days from the date of this order.
3. The opposite parties are also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.
4. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
5. Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 19^th Day of May 2011)

MEMBER                                     MEMBER                              PRESIDENT