Smt. Ramala Das,

wife of late Habul Chandra Das,

residing at 47/1, Mahendra Bhattacharya Road,

P.S. Shibpur, District – Howrah,

PIN – 711104. ------------------------------------------------------------------- COMPLAINANT.

-          Versus   -

1.      United Bank of India,

having its regional office

at 11, Hemanta Basu Sarani,

Kolkata – 700001.

2.       The Senior Manager,

United Bank of India,

having its branch office at Ramrajatala,

Ram Charan Sett Road,

P.O. Santragachi, District –Howrah,

PIN  – 711104.-----------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant U/S 12 of the C.P. Act, 1986

wherein the complainant has   prayed for direction upon the o.ps. to allow the complainant to withdraw the pension month by month, to realize the fixed deposit amount of Rs. 2,50,000/- together with interest thereto and to pay compensation, damages to the tune of Rs. 5 lacs for causing mental pain and agony and litigation costs as the O.P. no. 2  stopped withdrawal of pension of the complainant on the plea of overdrawal of Rs. 2,37,729/-. The complainant further alleges that her signature was obtained by the O.P. no. 2 on duress.

2.                  The o.p. no. 2  in the written version contended interalia that there was some

excess payment towards pension from her pension account; that the main concern was to realize the  excess amount already withdrawn ; that the question of obtaining the signature of the complainant on duress does not arise as her granddaughter was present in the residence ; that there is no deficiency in service. So the complaint should be dismissed.  

3.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.      Both the points are  taken up together for consideration. During his life time Habul

Ch. Das, used to draw pension under PPO no. 428050500781 through Savings Bank A/c. being no. 5670 opened in UBI Ramrajatala Branch and subsequently the pension account was allotted new no. 1093010161749. After his death on 23-12-2008, his widow, the complainant used to draw the pension from the said savings bank account. Be it mentioned that the revised pension since 1^st January, 2006 stood to be Rs. 3,769/- after commuting Rs. 1,362/-. The pass-book reveals that the complainant withdrew a sum of Rs. 9,000/- on 23-05-2012 and subsequent thereto she was not permitted to withdraw any amount from her pension account. Even she was not allowed to en-cash the fixed deposit of Rs. 2,50,000/- which had already matured on 30-12-2012. 

5.      Now the pertinent question creeps in if the complainant, the grant old lady was at

all to blame for the overdrawal of the pensions from her savings bank account ? or Whether it was outcome of gross negligence on the part of the O.P. Bank ? In fact in our estimation it was due to the gross negligence on the part of the O.P. Bank the anomaly crept in. To cover up their fault the Branch Manager had to rush to the residence of the sexagenarian complainant only to cause delivery of the letter allegedly refused by her to receive, and served the same after obtaining her signature on duress in absence of any other member capable to understand the purport of that letter. The act on the part of the O.P. appears to us as highly capricious and highhanded and it cannot be pardoned by any sensible person. 

6.      Be that as it may we find from the enclosures that the complainant for no fault of

hers had to pass her days without the pension. She is solely dependent on the paltry amount of pension. But she was deprived of the same for the  arbitrariness of the O.P. Bank.           

7.      If the overdrawal was detected by the O.Ps., they could easily adjust it from her

F.D. Account which was lying at their disposal. Subsequently that has actually been done after the filing of the complaint. Since the Bank Authority has adjusted the said amount, it definitely indicates that the O.Ps. committed gross deficiency in service to the complainant who is a bonafide account holder.

8.      In not allowing her to withdraw the pension since 28-05-2012 for months together

the O.Ps. further adopted highhanded measures leaving her to utter miserable condition which is not permissible in law. As per the statement of the O.Ps., the excess amount withdrawn by the complainant was about Rs. 2,37,739/- not exceeding the F.D. amount of  Rs. 2,50,000/- lying in deposit with them.

9.      Naturally the question creeps in what factors prompted them to take recourse to

such capricious measures as to deny the complainant to withdraw her pension ? The answer shall be the overzealousness on the part of the Branch Manager in the garb of official dirty. We have no hesitation in our mind that the O.P. no. 2 committed misadventure in obtaining complainant’s signature on duress visiting her residence when she was alone with her  granddaughter. For this overact a criminal proceeding has been started against him which is pending before the Howrah Court. He is further guilty of deficiency in service in disallowing her to withdraw her pension since 28-05-2012, throwing the complainant into utter financial crisis.

10.  Therefore, we arrive at the irresistible conclusion in the light of the observation

above, that this is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of.

      Before parting with the record we are of the view that the compensation that is going to be allowed in favour of the complainant, a senior. citizen for her mental pain, agony and prolonged harassment, shall be realized from the personal account of the O.P.no. 2 only to strike a balance to his misdeed to that of the pain perpetrated upon the complainant.

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. Case No. 50 of 2013 ( HDF 50 of 2013 )  be  and the same is allowed on contest with  costs  against  the O.Ps. 

      The O.Ps. be directed to  allow the complainant to withdraw the pension amount month by month from the pension account no. 1093010161749 of the O.P. no. 2 Bank if the excess amount drawn is realized.

      The O.Ps. be further directed to release the Fixed Deposit Account being no. 1093100497855 in favour of the complainant with the interest upto date within 30 days from the date of this order if not already credited to her S.B. A/C. no. 1093010161749.

      The O.P. no. 2, Senior Branch  Manager, U.B.I. Ramrajatala Branch, be directed to pay a compensation to the tune of Rs. 50,000/- to the complainant  for causing tremendous mental pain, agony and prolonged harassment, and the same shall be realized from his personal account or be deducted from his salary.

      The complainant is entitled to a litigation cost of Rs. 10,000/- from the O.Ps.

       The complainant shall be at liberty to put the decree into execution after the expiry of the appeal period.  

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                               (    T.K. Bhattacharya  )

  President,  C.D.R.F.,Howrah.                                   President, C.D.R.F.,Howrah.

 (  Jhumki Saha  )                                                              (  P. K. Chatterjee )

 Member, C.D.R.F.,Howrah.                                       Member,  C.D.R.F.,Howrah.