Bihar

Muzaffarpur

CC/86/2014

Ram Kishore Prasad Singh, - Complainant(s)

Versus

The Senior Manager, Punjab National Bank & Others - Opp.Party(s)

Sri Ashwani Kumar

22 Feb 2016

ORDER

                                                               District Consumer Forum, Muzaffarpur

                                                                                  Complain Case No. –86/2014

Ram Kishore Prasad Singh, S/o late- Basawan Singh, R/o Mohalla- Shyam Nagar, Bhagwanpur, N.H.-28 (Behind Pandey Petrol Pump) P.S.-Sadar, District-Muzaffarpur …………………………………….……………………...……Complainant 

V/s

1. The Punjab National Bank, Through its Senior Manager, PNB, Main Branch, Jawahar Lal Road, Muzaffarpur-842001
2. The Chief Manager, CPPC, Circle Office, Punjab  National Bank, Chanakya Tower, R-Block, Patna, Bihar- 800001…………………….......................…………………opposite parties.

Date of order- 22-02-2016

                                                                                                  Present.

1. Shri Govind Prasad Singh

                                                                                                                        President,

       Consumer Forum Muzaffarpur

2.  Smt. Archana Singh

      Member

       Consumer Forum Muzaffarpur

For complainants- Sri Ashwani Kumar - Advocate  

For opposite party-   Sri Raj Kishor Uppal & A.P. Gupta    - Advocates

                    

Order

                       The complainant has filed this case on 01-07-2014  for his claim  of Rs. 2,79,367./- including  Rs. 86,249/- basic pension dearness Rs. 65767/- total Rs. 1,52006 and  its interest @ of 18 % Rs. 27361/- and Rs. 1 lakh for physical, mental, harassment .

            The case of complainant appears from his complaint petition supported with an affidavit that       he was Rtd. From the post of  Additional District and Sessions Judge, Patna on 31-08-2001his pension was fix  from A.G. Bihar vide pension order no.- 312999 and the pension provider is opposite party the Punjab National Bank J.L. Road, Muzaffarpur. And the amount of pension and arrear, if any is to be credited in his SB A/c no.- 0334000300126217. He has further alleged that time to time pension amount increase and lastly there was 10 % increased in the basic pension  on  attaining 70 years of age  vide letter no.- 3A-2 PAY  Pu- 12/2009 (part-II)- 7514/VI-II of Government of Bihar Department  of finance under resolution dated 23-07-2013. The applicant completed  70 years  of age on  13-08-2011  and he became entitle for 10 % increase in the basic  pension from 14-08-2011. The  State Bank of India  paid enhanced 10 % pension with arrear  to its pensioners of Judicial Service in October , November 2013 itself the  enhanced  pension was not paid to the applicant  from which he  wrote a letter  dated 21-11-2013 to the treasury  officer  Muzaffarpur for directing  opposite party Bank to pay his pension at enhanced rate. The  treasury officer vide letter no. – 4208 25-11-2013 directed opposite party no.-1  to take step for payment of enhanced pension,  further the complainant on several times  personally as well as on telephone requested the opposite party  for the said payment lastly the complainant talk the Senior Manager, CPPC on dated 01-03-2014 on his official telephone no.-  06122221234 and he directed him to put his  grievances before the  opposite party no.-1 not before him as such the complainant send a letter notice dated 21-04-2014 for making payment,  but they had not taken care of his request. The complainant is  patient of sugar and  crossed the normal level examined  by several  Pathology which was caused due to ill mannered  talked with opposite party no.-2 resulting in agony, anxiety, stress and tensions. The applicant  is consumer of opposite party obviously there is deficiency in service of opposite party accordingly he has filed this case and demanded payment of enhanced  with arrear pension with interest @ 18 %  and have filed this case with aforesaid claim.  

The complainant  has filed Bihar Gazette notification dated 24-07-2013 showing that he is entitle for enhanced pension  at enhanced rate of 10 % as he acquire 70 years of age. He has filed Xerox copy of letter dated 25-11-2013 issued by Treasury Officer , Muzaffarpur  letter dated 21-11-2013, send by him toTreasury Officer, letter dated  08-01-2014 from Chief Manager, C.P.P. Patna for grant of Additional Pension ( 10 %BP) on completion of 70 years to the complainant,  letter dated 21-04-2014 , send to Senior Manager, P.N.B. Muzaffarpur by the complainant, Xerox copy of pathological  test from several pathology,  medical prescription’s is letter dated 18-07-2009.. send by him Xerox copy of pass book which are annexure 1 to VIII

In this case opposite party appeared and  has filed his written statement  dated 22-01-2015 alleging therein that case is unwarranted illegal without jurisdiction and he has filed this case  to harass opposite party and  lower down  prestige  and submitted  that the pension amount is regularly being credited in the account of complainant and has further  submitted that the work of consultation and correspondence is time   taking work, as soon as these have been completed the sum of Rs. 1,49,000/- has been credited in the saving account of complainant on 17-07-2014 and the rest  amount shall be credited as soon as when its instructed. The opposite party has  denied  the dragging of complainant  for the payment of his enhanced pension by the opposite party no.1 & 2 and has further submitted that it is under the strict prove of complainant that his enhancement  of payment  of pension  @ 10 % arises after attaining the age of 70 years which has matured on 13-08-2011 as on the aforesaid ground  the opposite party has prayed to dismiss the case with compensation of Rs. 50,000/- against the complainant.  

The opposite party has filed Xerox copy of account laser enquiry  from which it appears that Rs. 1,49,317 has been credited on 07-07-2014 as pension arrear in the account of complainant and further they have credited Rs. 2577/- on 05-08-14 as pension D.A arrears from   July,2014.

Considering the facts, circumstances, material available with the record the complainant  became  entitle for 10 % enhancement  in his pension as per notification as annexure- 1 filed by him.  He has Rtd. Judicial  officer from service on 31-08-2001  as per allegation his enhancement in pension  @ 10 % after attaining the age of 70 years, he is entitle to get the said benefit from 31-08-2011. It appears from written statement  filed by the opposite party that after consultation of correspondence time was taken and on completion of  work as soon as completed. He has credited Rs. 1,49,000/- in his Saving Account on 17-07-2014 and as objected that is  under strict of complainant that his enhancement  of payment of pension @ of 10 % arises after attaining age of 70 years which was matured on 13-08-2011. In this regard the complainant has alleged that he has completed his 70 years of age on 13-08-2011 as  such he became entitle for 10 % increase from   14-08-2011 for which he has written a letter  dated 21-11-2013 to the Treasury Officer, Muzaffarpur and the Treasury Officer  vide his latter no.- 32018 dated 25-11-2013 directed  opposite party no.-1 to take step for payment of enhanced pension but the opposite party as not taken care of the direction of the treasury officers and the complainant was dragged for so many time and lastly admittedly the opposite party has credited the said amount  on 17-07-2014 as such clear cut discrepancy arises against the opposite party for delay in payment  of enhanced date in pension @ of 10 % from 31-08-2011 till 17-07-2014 for which the complainant  is entitle be caused of certain reasonable time  limitation. The opposite party has taken about three years in payment .

Considering the facts, circumstances, material available with the record  we find that the case of complainant is maintainable  and he is entitle  for discrepancy and harassment  done by the opposite party.

Accordingly the case is allowed and the opposite party directed to pay interest @ 8 % from 31-08-2011 till 17-07-2014 against the monthly arrears  accrues  @ of 10 % in his pension and the opposite parties are further directed to pay Rs. 20,000/- as physical, mental harassment, as  well as  litigation cost. Both the payment should be made within 30 days of the  order otherwise the complainant is entitle to get it recover from the process of law.      

 

Member                                                                                 President