Orissa

Kalahandi

CC/5/2020

Mayarusi Naik,aged about 38 years - Complainant(s)

Versus

The Divisional Finance Manager South East Central Railways - Opp.Party(s)

A.K Pattjohsi & Associate

26 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/5/2020
( Date of Filing : 09 Jan 2020 )
 
1. Mayarusi Naik,aged about 38 years
S/O-Dukhalu Naik At-Makhala Po/-Ucchala,Golamunda,Dist-Kalahandi
...........Complainant(s)
Versus
1. The Divisional Finance Manager South East Central Railways
South East Central Railways Bilaspur,Chhatishgarh-495001
2. The Branch Manager, Bank Of India
Borda Branch At/Po-Borda, Dist-Kalahandi,Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:A.K Pattjohsi & Associate , Advocate for the Complainant 1
 
Dated : 26 Oct 2022
Final Order / Judgement

For the complainant: Sri, A.K Padhi & Associate Advocate

For the O.P 1: Sri, N.K Sahu & Associate Advocate

For the O.P 2: Sri, S.K Agrawal & Associate Advocate

JUDGMENT

Sri, A.K Patra ,President  

  1. This complainant is presented alleging unfair trade practice and deficiency in service on the part of Ops. The complainant prayed for an order directing the O.P Nol.1 to pay the outstanding pension amount of pensioner Dukhalu Naik from Nov 2017 to May 2018 to the complainant and further prayed for compensation towards mental harassment & cost of this litigation.
  2. Perused the material on record. Heard the counsel for the parties and we have our thought full consideration on their submission.
  3. Learned counsel for the complainant submits that, the father of the complainant was a retired employee of South East Central Railway(O.P No.1) and  drawing his pension through the Bank of India (O.P No.2) vide Account No.514312100004722 . During Nov 2017 his father (here the pensioner holder Dukhalu Naik) was bedridden for which he could not visit to the Bank/O.P 2 to collect his pension. The matter of which was brought to the notice of the Bank/O.P 2 by the daughter –in-law of the pensioner so also the complainant himself approached the O.P No.1 to release the pension of his father by submitting medical report of his father but it was not heard,ultimately his father died on 12.05.2018 without proper treatment in want of money. It is further submitted that father of complainant died in want of money  as the O.P withhold pension of his father from Nov 2017 to May 2018 which is clear negligence, unfair trade practice and deficiency in service on the part of the  O.Ps which caused mental harassment and loss of life of the pensioner.
  4. To substantiate his claim the complainant has relied on the following documents.
  1. Pension Payment Orderdated 28.02.2005.
  2. Pensioner Details
  3. Death Certificate of Shri Dukalu Naik.
  4. Identity Card of Shri Dukalu Naik
  5. 7th CPC Revised PPO of Shri Dukalu Naik
  6. Letter to Op No.1 dated 21.11.2017
  7. Letter to Op No.2 dated 15.11.2019

But no such documents are placed on the record.

  1. The allegation of the complainant is resist by the Ops in their respective written version.
  2. The O.P No.1 prayed for dismissal of the complaint on the ground of maintainability of the complaint. The learned counsel for the O.P No.1 submitted that all service matter of Central Govt. Employee is to be adjudicated  in the  Central Administrative Tribunal (C.A.T) exclusively as per Administrative Tribunal Act.1958 as such this Commission has no jurisdiction to entertain the pension matter as alleged by the complainant. It is further submitted by the O.P No1 that, it is the complete responsibility of concern Bank agency to disburse the monthly pension with respect to submission Life certificate by the pensioner each year during the month of November and that it is the bound done duty of the pensioner to submit life certificate of the pensioner to the concern Bank. In this case the pensioner has  not fulfill the above necessary condition of submitting the life certificate to the Bank and filed this complaint with a false allegation of deficiency in service on the part of O.Ps need to be dismissed with cost. .
  3. The O.P No.2/Bank has submitted that, Bank has no role to play in releasing the pension and more over he has no authority to write the pension disbursing authority to release the pension and as such there is no deficiency of service on the part of O.P No.2.. Further, it is submitted that, O.P 2 has no knowledge about the  illness of the Account holder /Pensioner and called upon the complainant to strict prove of the same and that , there is no negligence on the part of Bank authority for release the pension to the pensioner /Account holder at any point of time. The Bank has never withheld the pension of Late Dukhalu Naik . When the pension was not credited in the Account of the pensioner relating to period for Dec 2017 to till death of the pensioner in such situation there is no scope for the Bank to release the amount and as such there is no deficiency in service on the part of Bank. The O.P No.2 /Bank is no way responsible for the death of pensioner.
  4. To substantiate his version,  the O.P No2 has filed the statement of Saving Bank Account No.514312100004722 of pensioner Dukhalu Naik from 01.01.2017 to 14.07.2022, Statement of Account Number 514318210008193 of the complainant Mayarusi Naik for the period of 01.08.2019 to 14.07.2022, copy of application for settlement of  claim in deceased depositor account of Dukhalu Naik and application of complainant dt.31.08.2019 along with undertaking of the other legal heir  of deceased Dhukalu Naik.
  5. Evidently, neither party disputed the fact that, Sri Dukhalu Naik (the father of the complainant) was retired employee of South East Central Railway/O.P No.1 and he was drawing his pension through the Bank of India, Borda Branch/OPNo.2 vide Account No.514312100004722
  6. Law is well settle that the complainant is to prove the deficiency of service on the part of O.Ps and that every complaint is to be heard by the District Commission on the basis of affidavit and documentary evidence placed on record.
  7. Here, the complainant has not adduced any evidence to substantiate the allegation made in his complaint against the Ops . The averment of complaint petition is simply supported by an affidavit of the complainant during presentation of the same but no documents as relied by the complainant is placed on the record. It is found that pension for Dec 2017 to till the death of pensioner has not been credited by the pension sanctioning authority in want of life certificate of the pensioner .It is admitted by the complainant in their application dt.31.08.2019 made to the B.M Bank of India/O.P No.2 available on record that, they have not submitted the life certificate of the father/Pensioner to the bank authority/OP No. 2  . Further submission of learned counsel  for the O.P No.2 /Bank that ,during pendency of this case the arrear pension deposited in the account of deceased Dukhalu/pensioner has already been disbursed to his legal heirs and the pension account is already regularized and these facts  are  not denied  by the complainant during hearing of this case which clearly shows that deficiencies in services as alleged has already been compiled  by the Ops.
  8. From the totality of the facts & circumstances of the case and based on above said discussion we found no merits on this complaint. Hence, this complaint is dismissed against the Opposite Parties on contest, however no order as to cost.
  9. The pending application if any is also stands disposed of accordingly.
  10. The complaint could not be decided in time due to Covid-19 situation and in want of quorum in the Commission.

Dictated and corrected by me.

             

  •  

                I agree

                               

  •  

Pronounce in open the Commission today on this 26th day of October 2022 under the seal and signature of this Commission.

 

Copy of this judgment be provided to the parties free of cost and be uploaded on the website of this Commission for perusal of the parties.

Order accordingly.

                       

            Member                                  President    

 

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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