My father was liutenant in Indian Army , died in 1982. My mother was receiving family pension, but that was wrong. she was getting 7500 only whereas minimum family pension was 25000. I got it corrected in 2015, after 2 years follow up with Paying Bank and PCDA Defence allahabad. In two trenches inn 2015 and 2017 she got arrear also from 5th CPC. After receiving arrear, I got to know that it is the duty of Paying Bank to pay interest also on delayed interest arrear @ 8% per annum as per RBI Master Circular RBI/2015-16/63 dated July 1, 2015. Also, it is the duty of Bank to revise pensions as PDA (pension Disbursement Agency) . Defence Pension Department PCDA sent regular pension revisions to Bank Pension Department and they automatically revise the pension. In our case it was not done, and I got it done after follow up with Bank. So, as per above mentioned ciruclar , it was duty of Bank to pay arrear also but they not paid and since 2018 I have been following with Bank for arrear but they never reply. I made online complaint of this in Banking Ombudsman but they rejected stating Time Barred. Pension Paying Bank in PNB. Now, what legal rights i have to receive interest on delay payment arrear from Bank as per Master Circular RBI/2015-16/63 dated July 1, 2015. If I need to approach court for same, which court I should file case, is it Consumer Court or is there any separate court for Defence Pension. Also I have heard of Pension Lok Adalat but how to approach the same Pls guide
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DEPARTMENT OF PENSION & PENSIONERS' WELFARE
Ministry of Personnel, Public Grievances and Pensions
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It will not come under consumer court. For pension you need to file your representation to respective state authority if the pensioner is state govt employee. Otherwise you the concerned central govt department.
You may lodge your complaint with RBI against the bank. For defence pensioners, there is a separate adalat, which may be approached. If nothing works, you may file a suit at the proper court in consultation with a local lawyer.
The pension disbursing bank is doing a service by disbursing the pension to the pensioners of defence or other authorities.
If the bank has not paid the interest on the arrears of pension which was supposed to have been paid by the bank, hence the bank, as per the RBI circular is liable to pay the same.
You can issue a legal notice to the bank demanding the relief sought.
If they do not respond, you may drag them to consumer forum for deficiency in service and also for compensation due to the mental agony they created.
Simultaneously you can calculate the amount that is due to you and file a money recovery suit subsequent to the legal demand notice.
You may be required to approach arms tribunal if Defense Pension Department has also committed error in sending regular pension revisions to Bank Pension Department.
Bank has realized its mistake and corrected in 2015. But the correction is incomplete so fresh cause of action has arise.
Not barred by time.
