Karnataka

Bidar

CC/17/2017

Chand Pasha S/o Mastansab - Complainant(s)

Versus

The Manager Syndicate Bank - Opp.Party(s)

P.M.Deshpande

30 Jun 2017

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

AT BIDAR::

 

 

                                                                                                                 C.C.No. 17/2017

 

                                                                                                   Date of filing : 06/03/2017

 

                                                                                               Date of disposal : 30/06/2017

 

P R E S E N T:-                    (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.,

                                                                                                       President.

    

                                       (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.,LL.B.,

                                                                                           Member.

 

                                               

COMPLAINANT/S:      Chand Pasha S/o Mastansab,                          

                                    Age: 71 years,(Sr.Citizen)  Occ: Pensioner,

                                       R/o Multani Colony,Out side shahgunj,

                                       Bidar-585401.

           

              

 

 

                                    (By Shri. P.M. Deshpande, Advocate)

 

 

                                                      VERSUS

 

OPPONENT/S   :-           1.  The Manager, Syndicate Bank

                                           Near Kamat Hotel, Udgir Road,

                                              Bidar.

 

                                      

 

 

 

                                        (O.P. Exparte )  

 

 

                                               

 

::   J UD G M E N T  : :

 

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

                    This   complaint has been filed by the present complainantt U/S 12 of the C.P. Act 1986 as follows:

2.          That he is a retired employee from M/s BSNL and is a pensioner.  The complainant avers that he was maintaining an account with M/S Syndicate Bank Bidar Branch vide No. 070120300044290.  The bank was having IFSC Code- SYNB0000701.  The complainant further avers that his pension amount used to be deposited in the bank every month and he was drawing the amount required.  He further states that       when the matter stood as such  on 06-08-2016 he received a communication from the opponent bank claiming that the bank had received the later from CCA Karnataka on 09-06-2016 stating that an excess amount of Rs. 41,745/- was paid to the complainant and as per the procedure, with a view to collect back the excess  pension paid, the bank had modified the pension components.    

 

3.                The complaint further states that consequent upon the receipt of the letter stated above he inter-acted with the opponent bank, canvassing that if at all any excess has been paid the same could be recovered at the rate of Rs.2,000/- per month. The complainant further tried to convince the opponent bank apropos to VI  and VII th  pay commission (revised) the amount was not deposited in the bank which amounted to Rs. 23,387/-.  The complainant claims that inspite of his pleading before the bank the later has kept quiet and has absorbed the amount of Rs.23,387/- which was a fall out of VI and VII pay commission for which he is before us praying a direction to the bank to repay the above said amount interest and further a direction to collect the excess disbursed amount at the rate of Rs.2,000/- per month and other reliefs.

 

4.             Inspite of notice the opponent bank had not put up appearance and hence was placed exparte by orders date: 5^th May 2017.

 

 

5.           In the face of the non participation of the opponent in the proceedings it was easy for us to accept the contentions of the complaint on its face value in totality and pass on order accordingly.  We are but aware of the age old legal maxin, ”ACTUS CURIAE NAMINEM GRAVABIT” – The act of the Court must prejudice none. 

 

6.         So in consideration of  our duty as above mentioned we have to consider the following points.

 

 

1. Does the complainant prove that, there is any  deficiency of service in the part of the Opponent bank?

 

2. What order ?

 

 

7.           Our answers to the points stated above are as follows:-

 

               1.  Negative.

               2.  As per final orders owing to the following:-

 

 

 

 

:: REASONS ::

8.                     The complainant has submitted documents vide Ex-P1 to P7 to substantiate his case out of which theEx.P1 is sufficient to clinch the whole issue.  It is seen in paragraph 2 and 3 of the letter, the opponent bank has spelled out their own responsibility in confirmity with the guidelines of Government of India/RBI, basing  on which the notice       ( Ex.P-1) was issued to the complainant.  The letter reads as follows:-

 

                        “We note that you are one of our valued Telecom pensioners with PPO No.TAC/720-2484/IP-1613/7, drawing pension from our Bidar Main Branch, through SB account number 07012030004290.  We have received a letter from CCA, Karnataka dated: 09-06-2016.  As per this authority we have modified pension components and recalculated the pension payable to you w.e.f. 01-01-2006 to 31-07-2016.  It is observed that an amount of Rs.41,745/- (Rupees Forty One Thousand Seven Hundred and Forty Five only) is paid in excess of the eligibility.  The due-drawn statement is enclosed to this letter for your records and immediate reference.  Discrepancies found, if any, in the statement shall be brought to our notice immediately.

                        As per the Government of India/RBI pension guidelines, the excess pension so received due to revision, as stated above has to be repaid to the account of Government through Paying Bank i.e. Syndicate Bank in one lump sum and no installments are permitted.  You have also submitted a letter of Undertaking to this effect at the time of availing pension to the Government/CCA.

 

                        In view of the fore going, we hereby notify you as per Pension guidelines of Government of India to repay immediately and not later than 31-08-2016, a sum of Rs. 41,745/- (Rupees Forty One Thousand Seven Hundred and Forty Five Only) through Bidar Main Branch.  Please treat the matter as most urgent.”

9.                     The bank having acted as per rules regulations and guidelines we don’t find any fault in the banks action and thereby answering Point No.1 in negative proceed to pass the following:-

 

:: ORDER ::

 

   

1. The complaint is dismissed as not due.
2. There would be no order as to costs or otherwise.

 

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 30^th  day of  June-2017 )

 

 

 

  Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                    President.                                                                                        

 

 

 

 

 

Documents produced by the complainant

1. Ex.P.1- Notice of the opponent bank date: 06-08-2016.
2. Ex.P.2- Copy of the representation of the complainant date:

             08-10-2016.

3. Ex.P.3 &4- Courier receipts.
4. Ex.P.5-Further the representation of the complainant to the

             opponent bank date: 05-11-2016.

5. Ex.P.6-Bank Pass Book in Original.
6. Ex.P.7-Copy of the pension payment order

 

Documents produced by the Opponent/s

 

 

             Nil  

 
 

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                  President.