• Defense pension

My mother gets family pension from defence through PNB bank.  My father was lieutenant in Indian Army. . Following are the facts of case:
1. My mother was getting much lower pension compared to other family pension of similar rank and even much lower than minimum pension of 24 K approx fixed by army. 
2. Two year back,  I complaint of same in Army Pension Department Allahabad, Punjab National Bank,  which is PDA (Pension Disbursement agency in this case), local defence office in Jaipur.  After lot of follow ups army issues revised pension order PPO.  Pension was revised from 1996.  My mother pension corrected by bank and revised to 24000 from 7500 per month. This happened in year 2015
3. In 2015, Bank revised pension but not paid arrears. 
4. After lot of follow up,  Bank calculated arrear and paid some amount around 3 lakh arrear but not provided calculation sheet to us. 
5. Again after lot of follow ups in April 2017 bank paid remaining arrear of 7 lakh and provided calculation sheet also unofficially. (Took it unofficially by bribing the babu). 
6. Now my concern is,  Bank has not paid any interest to us on arrear. If I calculate interest it will again come up to around 10 lakhs. 
7.in my earlier written communications,  I have not asked for interest also,  as my priority was to get pension revised and get arrear.  But verbal follow up was done after April 2017.
8. In all this working,  I came to know,  that it's mainly fault of Bank,  to not provide correct pension as army issues notices of revised pensions to Banks commonly and Bank implement same.  In this case,  Bank had not implemented the notices issued by pension Department. 
Question : Shall I file case against Bank in civil court for interest or complaint to Banking ombudsman or any regulatory for complaining pension cases. 
Will my mother get interest?. Also can we claim extra damages as when money was most required when we were kids,  Bank and Army kept providing incorrect pension,  almost 1/4 th of actual pension due to which our studies,  my sister marriage,  everything got impaired. 

Pls suggest correct course of action,  I should take now.
Asked 4 years ago in Civil Law

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10 Answers

Dear Client,

As the matter is related to Army, Jurisdiction will lie with Armed Force Tribunal, Banipark Jaipur. Suit for demand of interest is maintainable.

Other reliefs are not maintainable in same suit but another for damages but blink possibility.

Can contact for Legal Assistance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Complain to banking ombudsman

2) your mother should get interest for delay in payment of pension

3) you would not be awarded damages

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

There happens to be a fault on part of the bank and definitely you may approach the bank ombudsman for this complaint but he does not have right to give you any damages that have been sustained by you.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you want damages for the duration during which proper money was not paid then you need to file a civil suit in the competent court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Complain to Banking ombudsman as advised earlier

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

To fasten liability on bank, all facts have to bring on record court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Question : Shall I file case against Bank in civil court for interest or complaint to Banking ombudsman or any regulatory for complaining pension cases.

First of all ascertain that if it was the mistake of the bank or the Army pension services

If the bank was lethargic in this issue, you can drag the bank to the consumer forum seeking relief of interest for the delayed payment of arrears

Will my mother get interest?. Also can we claim extra damages as when money was most required when we were kids, Bank and Army kept providing incorrect pension, almost 1/4 th of actual pension due to which our studies, my sister marriage, everything got impaired.

You can issue a legal demand notice to the bank demanding interest for the delayed period of payment of arrears of interest and not for the other issues.

You may claim compensation for that from the Army authorities and may drag both to the consumer forum or civil court seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Definitely army fault is there in wrong pension but army issues notifications/circulars of revised pensions time to time and it's duty of PDA (Pension Disbursement Agency), here in this case Punjab National Bank. Each Bank has dedicated CPPC Bank ( Central Pension Processing Centre) which calculates and revise pension after receiving circular from Defense Dept/ Central Government. So, it's a clear mistake of Bank to not implement circulars in our case.

If you hold the bank alone responsible for this then how could the /army authorities clarify and solve this issue after making a representation from your side.

Therefore it is better that you implead the Army authorities also in this so that if they play any blame game against each other, this would enable court to arrive at a proper conclusion

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

I came to understand that due to negligence of bank your mother lost interest of Rs. 10 Lakhs and above. If you approach Civil Court or Consumer forum you may not get justice during the lifetime of your mother. The shortcut method is to approach the High Court and make the bank and all other concerned as respondents. Definitely the High Court will issue certain positive guidelines which will in your mother’s favour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

It is better to approach banking ombudsman first.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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