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

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...
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 subs...
Post a Comment
Read more