M. THANIKACHALAM J. - (1.) The Complainant before the lower Forum is the appellant herein.
(2.) The complainant, who was in service, and retired is receiving a monthly pension of Rs.547/- from 21.06.2002 through Indian Overseas Bank, Valmiki Nagar Branch, Chennai 600 041. The complainant received the pension amount regularly upto January 2005 and for the month of February 2005, pension amount has not been received. Despite the complainant has requested the opposite parties to expedite the pension, and inform the reason for the delay, there is no reply. However, the unpaid of arrear of pension for the month of February 2005, has been received by the complainant on 02.04.2005 along with pension for March 2005. Later, the opposite parties informed that the pension payment was delayed, for want of Life Certificate which must be incorrect, since the Life Certificate of the complainant, has already been sent to Indian Overseas Bank, Valmiki Nagar Branch, Chennai-41. The opposite parties did not perform their part of duties, which amounts to deficiency in service as contemplated under Consumer Protection Act, 1986, for which, the complainant is entitled claim to compensation of Rs.75,000/-, for mental agony, physical hardship and financial strain, in addition to punitive damage of Rs.20,000/- for not replying immediately as well as cost, totaling a sum of Rs.95,000/-.
(3.) The opposite parties denying the allegations leveled in the complaint, would contend that the delay was due to non submission of Life Certificate, when received, paid forthwith, which was received by the complainant also, through Bank. This being the position, accusing the opposite parties as if they have committed deficiency in service is unwarranted, baseless, devoid of merit and in this view, the petition should be dismissed.;