Hon’ble Mr. Subhas Ch. Guin, Member.
The sum and substance of the complaint petition is that the Complainant, Mr. Animesh Barman who is resident of Village- Simulguri, P.S. Ghoksadanga, Dist- Cooch Behar and also the nominee of a pensioner Mrs. Bela Roy. She used to receive family pension vide PPO No. PCC(A)/(C)-160259/P having PPO Id No.6317 from the treasury Officer, Alipurduar Treasury, P.S. & Dist- Alipurduar(O.P. No.1). She died on 10.03.21. Thus, the Complainant being nominee of the deceased Late Bela Roy claimed family pension to the Branch Manager, Central Bank of India, Madarihat Branch, P.O. Madarihat, Dist- Alipurduar(O.P. No.2) up to 10.03.21 vide pension Account No.2977887371 on 16.07.21. Thereafter, the O.P. No.2 handed over a cheque No.086618 dated 19.07.21 of Rs.24,750/- to the Complainant and closed the pension account of the deceased. But from the statement of account of the deceased it was seen that a sum of Rs.9,225/- was credited to that account on 01.03.21 which was family pension for the month of February, 2021 and a sum of Rs.15,609/- was also debited to the said account. On query to the O.P. No.2, the Complainant came to know that the O.P. No.1 did not transfer the rest family pension to the account of the deceased. Thereafter, the Complainant contacted the O.P. No.1 for which the O.P. No.1 issued family pension account statement which revealed that the O.P. No.1 released Rs.9,255/- on 18.03.21 and Rs.9,255/- on 26.04.21 for month of March, 2021 and April, 2021 respectively. But as per bank statement no such amounts were transferred/ credited to the family pension account of the deceased. Therefore, the O.P. No.1 illegally debited Rs.15,609/- to the pension account of the deceased pensioner. Thereafter, the Complainant approached the O.Ps several times but they did not take any positive step towards the resolution of the problem. On 03.08.21, the Complainant sent Lawyer’s notice through his Ld. Advocate Mr. Santosh Kr. Sah which was registered on 04.08.21 but till date they did not respond. To take recourse of law, the Complainant filed this case before the Commission for redressal of his grievance. He prayed for a direction to the O.Ps to pay Rs.18,510/- with up to date interest and Rs.30,000/- for deficiency in service as well as mental pain and agony and Rs.20,000/- for travelling charge and Rs.20,000/- for litigation cost.
On receipt of summon, both O.Ps contested the case by filing written version, evidence on affidavit and written argument. The defence plea of the O.P. No.1 is that regular monthly pension of Late Bela Roy was disbursed by Alipurduar Treasury in due time and credited to pensioner’s account successfully up to February, 2021. Monthly pension for the month of March, 2021 and April, 2021 had also been released from the treasury as the death of the pensioner was intimated to the O.P. No.1 on 07.05.21. After being informed about the death of the pensioner, regular monthly pension was stopped from this end and an excess amount of Rs.15,515/- which was disbursed for the period from 11.03.21 to 30.04.21 was ordered to be debited from the pension account of the pensioner for depositing the amount to Govt. account. Accordingly, the O.P. No.2 deducted Rs.15,609/- from the pension account and sent the same to the Treasury Officer through demand draft for depositing it in the Govt. account. It was denied by the O.P. No.1 that the calculation was wrong.
The O.P. No.1 asserted that the Complainant was entitled to get 10 days pension subject to proper verification of his entitlement and identity. All allegations in the complaint petition were denied by the O.P. No.1. The O.P. No.1 claimed that the complaint petition was liable to be dismissed. It was admitted by the O.P. No.2 that as per record of pension account No.2977887371 of deceased Smt. Bela Roy in Central Bank of India, Madarihat Branch, the Complainant was the nominee in the said account. So the claim form duly filled and submitted on 16.07.21 by the Complainant was entertained by the O.P. No.2 and a cheque bearing No.086018 dated 19.07.21 amounting to Rs.24,750/- in favour of the Complainant was handed over on the same date and the said account was closed by the O.P. No.2. Thus, the claim was settled within three days of submission of the claim form. So, it was denied by the O.P. No.2 that after lapse of long time the cheque was handed over to the Complainant. The O.P. No.2 also stated that as per memo No. 315/21-22 dated 21.05.21 Id No.6317 it was directed by the O.P. No.1 to refund the undrawn family pension amounting to Rs.15,515/- from the pension account No.2977887371 of Late Bela Roy to the Additional Treasury Officer, Alipurduar Treasury and release the outstanding amount to the legal heirs of the deceased pensioner. So, as per direction of the said memo, the O.P. No.2 transfrred the amount of Rs.15,609/- to the O.P. No.1 on 15.07.21. On service of Lawyer’s notice upon the O.P. No.2, it was not possible to respond to that notice in due time as there was technical difficulties due to transfer process of previous Branch Manager and joining of new Branch Manager, claimed by the O.P. No.2. Therefore, there was no gross negligence as well as deficiency in service on the part of the O.P. No.2 and as such the complaint is not entitled to any relief as prayed for in his complaint petition which leads the case liable to be dismissed.
Perused the case record and documents filed by the both parties. Heard the arguments by the both parties at length. The below mentioned point is required to be discussed thoroughly to adjudicate the case.
Point for consideration
- Is there any deficiency in service on the part of O.Ps?
Decision with reasons
Point No.1.
The Complainant’s grandmother (Dida) Smt. Beal Roy was drawing family pension from the O.P. No.1 vide PPO No. PCC(A)/(C)-160259/P and PPO Id No.6317 through the O.P. No.2 bank (Annexure-A). Her monthly pension was disbursed successfully up to February, 2021. She passed away on 10.03.21 (Annexure-B) but her monthly pension for the month of March and April, 2021 were released from the O.P. No.1 vide bill No.10079 dated 18.03.21 and bill No.471 dated 26.04.21 (Annexure-E) respectively before the death intimation of the pensioner which was given to the O.P. No.1 on 07.05.21. Therefore, the Complainant being nominee of the deceased pensioner is entitled to 10 days pension only. So, the O.P. No.1 directed the O.P. No.2 vide Memo No. 315/21-22 dated 21.05.21 (Annexure-C) to debit an amount of Rs.15,515/- from the pensioner’s account to deposit the same in Govt. account as per Govt. norms considering the fact that monthly pension of March and April, 2021 has been credited to the pensioner’s account. To comply with the order of the O.P. No.1, the O.P. No.2 debited an amount of Rs.15,609/- from the pensioner’s account on 15.07.21, and sent the same to the O.P. No.1 through demand draft, which is seen from the statement of account of the pensioner. It is also seen from the said statement that no pension for the month of March, 2021 and April, 2021 were credited to the pensioner’s account till the closure of the said account. From Annexure-E which is bank wise PPO register the period 01.03.21 to 28.07.21 of Alipurduar Treasury, it is seen that aforesaid bills for the months of March, 2021 and April, 2021 were released from the end of the O.P. No.1 but they were not credited to the pensioner’s account. On the other hand, being entitled for 10 days pension, the pensioner’s account was debited for pension of rest of the period of March, 2021 and April, 2021 which is amounting to Rs.15,609/-. As a consequence, the Complainant lost an amount of Rs.15,609/- from his account because neither of the O.Ps was vigilant regarding credit of the amount that were released by the O.P. No.1. Therefore, the Commission comes to the finding that there is deficiency in service on the part of the O.Ps which leads the Complainant to be entitled to get relief.
In the result, the instant case succeeds on contest.
Hence, it is
Ordered
That the instant case be and the same is allowed on contest with cost.
The O.Ps are directed to pay the amount of Rs.18,510/- with up to date interest @ 6% per annum till its realisation jointly and /or severally. The O.Ps are further directed to pay Rs.30,000/- for deficiency in service as well as mental pain and agony and to pay Rs.10,000/- for litigation cost to the Complainant jointly and/or severally failing which the awarded sum shall carry an interest @ 6% per annum till it s realisation.
D.A. to note in the trial Register.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order be also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
