Tribunals and Commissions(1996) 11 NCDRC CK 0028

LT.COL. BALBIR SINGH vs MANAGER, CHIEF GOVERNMENT BUSINESS, PUNJAB NATIONAL BANK

National Consumer Disputes Redressal Commission · Decided on 26 November 1996 · Citation: 1996 3 CPJ 506 : 1997 1 CLT 484 : 1997 1 CPC 201

HON’BLE JUDGES
J.B.Garg , Sada Nand , P.Ojha J.
RESULT
Complaint disposed of

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Judgment

3 paragraphs · 549 words
1.

THE complainant retired from the Army in August, 1991 and he was planning to go to USA where he was to meet his son Harjinder Singh and also a married daughter who was to reach USA from Australia. THE complainant''s anxiety was that he should get the payment of Rs. 84,000/-the amount of gratuity speedily from Punjab National Bank from its Branch in Sector 17, Chandigarh, so that he could purchase the ticket and reach USA in time. He has alleged that though the payment order had reached the aforesaid-Bank 30.9.91 yet its implementation and disbursement to the complainant was inordinately delayed in-asmuch as it was released to him on 26.10.91. By the time he reached USA, his married daughter had already spent most of the time there and scarcely he could be with her for a few days. Besides this, it has been alleged that he suffered a kind of depression and also a massive heart-attack on 13/14.11.91 and he was hospitalised in USA. It necessitated expensive treatment and he was required to spend to the tune of US$33846.70. In all he spent 50,000 US Dollars for his treatment in USA. THE complainant approached the respondents for the first time on 31.10.91 regarding the delay. In all he has claimed damages equivalent to 50,000 US Dollars and compensation to the tune of Rs. 1 lac on account of mental and physical harassment and a further sum of Rs. 10,000/- as costs.

2.

THE respondents filed a reply wherein it has been averred that no service was to be rendered to the complainant for any consideration and that the complaint was not maintainable before the Commission. It has further been averred that after receipt of the pension payment order it was forwarded to Sector 22D Branch of Punjab National Bank and it was disbursed to the complainant on 26.10.91. THE complainant has fabricated a story for the sole purpose of securing unjust compensation. THE various allegations made in the complaint were non-relevant and the respondents were not liable for the alleged loss about which there is no proof and cause qua the respondents. The facts show that pension payment order of the complainant reached the Zonal Manager, Punjab National Bank, Sector 17, Chandigarh on 30.9.91. The complainant is a retired Officer from the Indian Army and such officers possess identity cards and other documents as well for establishing their identity. Atleast the sum in question should have been disbursed to him on the next day or certainly on 3rd day. Even if 2nd of October was a well known holiday there was no reason why the amount was not disbursed by the 3rd October, 1991. The fact that it was disbursed to him on 26.10.91 shows that there was apparent delay of 23 days. The respondents are ordered to pay interest @ 18% for this 23 days of delay together with costs Rs. 1500/-. The other claims that there was delay in availing the opportunity of meeting his daughter or that while abroad he became a heartpatient does not make the respondents, temporary bankers liable for the inflated claims of alleged harassment in the absence of any evidence on record. The complaint stands disposed of.

Announced. The orders be communicated to parties free of charges. Complaint disposed of.