Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.11.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the entire arrears of pension along with interest 6% per annum from 11.05.2006 till full and final payment of such amount.
- To direct the opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he was member of Employee Pension Fund having PF account no. BR/2316/1736 and PPO no. BR/PAT/15401. The complainant submitted application in form D to the competent authority under Employee Pension Scheme 1995. Thereafter opposite party no. 2 vide annexure – 1 had informed him that his application was considered and sanction of the competent authority has been accorded for payment of monthly pension of amount of Rs. 1,125/- per month w.e.f. 04.01.2014 and the pension payment order bearing PPO no. BR/PAT/15401 has already been forwarded to the link Branch of Punjab National Bank for onward transaction to his bank i.e. Punjab National Bank, Pokharpur. By the aforesaid letter i.e. annexure – 1 the opposite party no. 2 had also requested the complainant to contact the manager of his bank. Thereafter the complainant contacted the manager of his bank along with pension PPO and payments including the arrear. The complainant has further asserted that as per letter issued by opposite party no. 2 he is entitled to get the amount of Rs. 31,388/- of the pension till 2006 but only the amount of Rs. 1,125/- was transferred to his account as will appear from annexure – 2. Thereafter the complainant vide annexure – 3 submitted an application before opposite party no. 2 stating the entire facts and requesting him to pay the arrear of pension i.e. 31,388/- and the same application is pending with opposite party no. 2. Another application was also sent to opposite party no. 2 on 14.11.2008 with the same request as will appear from annexure – 4. The complainant has also repeated his request to opposite party no. 2 by filing annexure – 5.
The grievance of the complainant is that despite filing of several applications i.e. annexure – 3, 4 and 5 no steps has been taken by opposite party no. 2.
On behalf of opposite party no. 1 and 2 a written statement has been filed in Para – 9 of which following facts have been asserted, “ that the answering opposite party also sent the weekly BRS amounting to Rs. 59,48,704/- addressed to the senior manager Punjab National Bank, boring road, Patna for the payment of the arrear of pension for the period from 25.12.2005 to 11.02.2006 including the complainant.”
In support of the aforesaid fact the opposite party have annexed annexure – 2 and 2/1. In reply to the fact asserted by the complainant in Para – 9 of the complaint petition the opposite parties in Para – 11 of the written statement have asserted as follows, “ on account of the representation made by the complainant, the opposite party no. 1 sent letter dated 25.02.2010, addressed to the senior manager, Punjab National Bank, boring road, Patna- 800001 enquiring about the payment of the pension to the complainant. The copy of the said letter was also forwarded to the opposite party no. 3 and the complainant.” In support of the aforesaid fact the opposite party have annexed annexure – 3. It has been asserted by opposite parties that the application annexed as annexure – 5 of the complaint petition has not been served on the opposite parties and they have never made the alleged delay or inaction in redressing the grievance of the complainant as will appear from annexure – 1 to 3 of this written statement.
So far opposite party no. 3 is concerned, when despite service of registered notice sent to him neither he ( opposite party no. 3) appeared nor he ( opposite party no. 3) filed any written statement then vide order dated 21.11.2014 the valid Tamila declared and this case was heard in absence of opposite party no. 3.
Heard the counsel for the complainant and opposite party no. 1 and 2 at length.
The fact asserted by the parties have been narrated briefly in the foregoing paragraphs. As stated above opposite party no. 3 had neither appeared nor filed any written statement.
From bare perusal of Para – 9 of the written statement coupled with annexure – 2 and 2/1 as well as annexure – B of the written statement it is crystal clear that opposite party no. 1 and 2 have sent Rs. 59,48,704/- addressed to the senior manager, Punjab National Bank, Boring Road, Patna for the payment of arrear of pension from 25.12.2005 to 11.02.2006 but the same has not been paid by opposite party no. 3. As there is no written statement of opposite party no. 3 denying the aforesaid fact of opposite party no. 1 and 2 we have no option but accept the facts asserted in their written statement referred above.
In view of the fact we find serious deficiency on the part of opposite party no. 3 hence we directed opposite party no. 3 to pay Rs. 31,388/- (Rs. Thirty One Thousand Three Hundred Eighty Eight only ) to the complainant within the period two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 3 will pay an interest @ 10% on the aforesaid amount of Rs. 31,388/- (Rs. Thirty One Thousand Three Hundred Eighty Eight only ) till its final payment.
Opposite party no. 3 is further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
