STATE BANK OF INDIA Vs. K RENGAIAN

JUDGEMENT

(1.) THE complaint is made against a Bank by a pensioner. According to the complainant, because of the negligence and deficiency in service on the part of the opposite party in sending the banker s cheque to a different Pension Pay Office, a delay had happened resulting in physical and mental suffering to the complainant.

(2.) THE opposite party admits that instead of sending the cover to Pension Pay Officer, they have by mistake sent it to Pension Pay Officer, Nandanam. Thus, they owe their mistake. In other words, the deficiency in service is admitted. However, the contention of the appellants/opposite parties that the complaint is not maintainable is without any basis. The complainant is a customer and a client. The opposite parties have offered their services. They have accepted to render their services. But, instead of rendering proper service by sending it to the right Pension Pay Officer, they have sent the Banker s cheque by mistake to some other Pension Pay Officer resulting in delay in drawing of pension by the complainant. Therefore, the submission made by the Counsel for the appellants/opposite parties that the complaint is not maintainable is without any basis.

(3.) NOW , coming to the damages, the lower Forum has directed the opposite parties to pay a sum of Rs. 15,000/ - as compensation. We are of the view that the grant of compensation of Rs. 15,000/ - is on the high side. The prayer for payment of Rs. 15,000/ - is not substantiated by any material. However, as there is deficiency in service, we would restrict the amount to Rs. 5,000/ -. Hence, to that extent, the order of the lower Forum has to be modified.