M.THANIKACHALAM J. - (1.) This appeal aims, at the instance of the opposite parties, in OP.No.7/2009, on the file of District Forum, Karur, to upset an order wherein a direction has been given to pay a sum of Rs.4868/-, with interest thereon, with compensation of Rs.3000/-, which is not the prayer in the complaint, filed by the respondent herein.
(2.) The respondent/ complainant, who is an ex-employee of the State Bank of India, had opened two Recurring Deposit accounts, with the State Bank of India, on 2.12.1991 and 2.1.1993, under which the bank had agreed to pay monthly perennial pension of Rs.60/- and Rs.53/- respectively, not only to him, but also to his legal heirs, after his demise. The complainant though deposited the monthly instalments regularly, and amounts were matured, in 2001 & 2003, despite the complainant, meeting the opposite party in person, as well as addressing various letters, they failed to pay the pension, as agreed, thereby committed negligence, as well as deficiency in service. Thus complaining, seeking the following directions viz. 1. to disburse the monthly perennial pension, due to complainant, from the due date with interest. 2. to pay a sum of Rs.25000/- towards compensation for tension, mental depression, and mental agony caused to him by the deficiencies in service. a consumer complaint came to be filed.
(3.) The opposite parties, disputing the scheme alleged by the complainant, further contending that the scheme itself was withdrawn by the bank, several years ago, opposed the claim of the complainant, contending that a sum of Rs.5723.17/- has been given credit, to his Savings Bank account, which is payable for RD account No.01294094967, that for another RD account No.01294096701, banker cheque for Rs.4868/- dt.31.10.2006, has been issued to the complainant, that though the bank was always willing, and ready to settle the matter peacefully, considering the change of circumstances, due to the withdrawal scheme, the complainant alone was not wiling, and therefore there is no question of negligent act, or deficiency, and that the complainant is not at all entitled to any pension, or compensation, thereby praying for the dismissal of the complaint.;