29.04.2024:

ORDER

HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT

01.    The Opposite party – Canara Bank had filed this Appeal under section 41 of the Consumer Protection Act, 2019 challenging the order dated: 30.06.2023 passed in C.C. No.01/2023 by the District Consumer Disputes Redressal Commission, Chamarajanagar.

02.    The parties to this Appeal will be referred to as their rank assigned to them by the commission below.

03.    Heard the arguments of the learned counsel appearing for Appellant.    

04.    After going through the matter the below Commission had passed the impugned order on 30.06.2023 by directing the opposite party – Canara Bank to pay a sum of Rs.6,32,603/- to the complainant along with interest at 10% per annum from the date of recovery from the pensioners account till the date of payment of the amount along with Rs.20,000/- towards compensation and Rs.10,000/- towards litigation expenses within 30 days from the date of the order failing which interest at 12% per annum shall be payable on the total sum due to the complainant. 

05.   Aggrieved by the said impugned order dated: 30.06.2023 the opposite party – Canara Bank had filed the instant Appeal before this Commission.   

06.        Perused the impugned order and the grounds urged in the Appeal and heard. 

07.      The brief facts of the case is that, the complainant’s mother is a family pensioner whose husband Sri. Late Kullayappa was retired as Sub inspector, Railway Protection Force (RPF) in the year 2004 and was drawing pension up to 04.02.2012.  Subsequently the mother of the complainant Smt. Anjanamma was drawing the family pension up to 27.04.2021 till her demise.  Both the pensioner and the family pensioner were drawing pensions through OP – Canara Bank.  The complainant’s mother Smt. Anjanamma was having 05 FDs amounting to Rs.7,55,695.35 in the same branch.  On the date of death her SB account was having balance amount of Rs.98,812.22.  The complainant being the nominee had approached the OP – Canara Bank and requested them through letter to transfer the total amount of Rs.8,54,567.57 to his account.  The Manager of the OP-Bank informed that, an excess payment of pension amount has been made by them from 2016 onwards to Late Smt. Anjanamma and they cannot return full amount.  Complainant visited Railway pension section at Bangalore and they replied that, there is no excess payment.  Again complainant visited OP-Bank and the Bank authorities stated that, they will pay only the balance amount after deducting Rs.6,32,063/- if he agrees and accordingly complainant had given willingness for recovery of Rs.6,32,603/- vide letter dated: 28.11.2022.  Subsequently alleging deficiency in service on the part of OP – Canara Bank complainant had filed consumer complaint before the below Commission.      

08.    The grounds urged by the Appellant is that, the below Commission had failed to note that, the complaint is barred by limitation and that a pensioner and the legal heir of the deceased pensioner is not a ‘consumer’ within the meaning of C.P.