Skip to main content

NCDRC: 'Pension Is For Survival Which Cannot Be Attached'

In REVISION PETITION NO. 2840 OF 2018, STATE BANK OF INDIA vs MANIKA SARKAR, Respondent/Complainant was receiving pension in her Savings Bank Account, jointly held with her son, an employee of the Petitioner Bank. The Bank Authority froze the Respondent’s Account, since her son was charged with misappropriation of money. It was stated that due to the said action of the Petitioners, transactions in respect of the Pension Account became barred, subjecting the family pensioner to utter deprivation from enjoying her pension, which was her sole source of sustenance. The complaint filed before the District Forum was opposed by the Bank stating that the complainant was not a consumer and the account in question was not a pension account. The District Forum accepted the complaint stating that pension is meant for survival of the pension holder, which cannot be attached or withheld by any one.

The petitioners appealed before the state forum which upheld the decision of the District forum. Finally on appeal, the NCDRC also agreed with the lower forums and stated that the Respondent was a customer of the Petitioner as she was having a joint account in the Petitioner’s Bank, where her pension was regularly deposited.The Petitioner was a service provider.The Petitioner Bank froze her account and wrongly denied her access to her pension, which amounted to deficiency in service.She, thus, filed a consumer complaint in the consumer fora.It is clear from the evidence available on record as well from the Orders of the lower Fora, that no fault was committed by the Respondent.She
cannot be made suffer, only due to the reason that she was having a Joint Account with her son, who had allegedly committed an offence. The Petitioner Bank had no reason to withhold Pension.

Comments

Post a Comment

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
Post a Comment
Read more

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t
Post a Comment
Read more

Jurisdiction of consumer forum is not ousted even if the other party has filed suit on the same matter in Civil Court

In Yashwant Rama Jadhav v. Shaukat Hussain Shaikh, First Appeal No. 1229 of 2017, decided on 18.11.2017,  the grievance of the petitioner before the National Consumer Disputes Redressal Commission was that appellants/complainants had entered into agreements with the respondents for purchase of residential flats, which the respondents were to construct and despite paying the substantial amount to the respondents, the construction of the flats had not been completed. The State Commission dismissed the complaints and ruled in favor of respondents against which the appellants approached the National Commission. The NCDRC held that Section ‘3’ of the Consumer Protection Act, to the extent it is relevant provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. Thus the remedy available under the Consumer Protection Act is an additional remedy, which Parliament has made available to a consumer. Even
Post a Comment
Read more