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KUMKUM RANI, B. S. MANRAL
Punjab National Bank – Appellant
Versus
Sandeep M. Khalwalkar – Respondent
ORDER
Kumkum Rani, President—This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 28.05.2022 passed by learned District Consumer Disputes Redressal Commission, Dehradun (hereinafter to be referred as “The District Commission”) in consumer complaint No. 60 of 2018, styled as Sh. Sandeep M. Khanwalkar Vs. Circle Head, Circle Office, Punjab National Bank and another, wherein and whereby the consumer complaint was allowed.
2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant had filed the aforesaid consumer complaint before the District Commission, alleging that he had taken voluntary retirement from the service of the appellant – bank on dated 31.03.2017, after putting in 35 years’ of service with the bank and is having Savings Bank Account No. 1532000200125803 with Punjab National Bank, Branch Race Course, Dehradun (opposite party No. 2 before the District Commission), wherein the amount of his pension was being credited. On dated 27.09.2017, the complainant received a SMS on his mobile handset to the effect that an amount of Rs. 1,05,137/- has been transfe
LAW POINT Deduction – It is crystal clear that without any inquiry, the amount of penalty was deducted by the bank from the pension account of the complainant, which was not at all justified.
Excess deductions from pension without proper authority are unauthorized and violate consumer protection principles.
Letter dt. 07.09.2015 issued from Controller of Defence Accounts Office not an order of competent authority for recovery from pension of the Respondent,
Customer negligence in mobile/UPI transactions bars deficiency in service claim against bank/payment facilitator.
Bank – The bank should have obtained the consent of the complainant before transferring the amount to the account of M/s Kavya Seeds, but the same was not done.
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