• Family Pension

I am a widow Family Pensioner after my husband's death in June 2012. I was being paid my pension regularly till March 2016. The amount in March 2016 was Rs.18,112. But Suddenly the amount was found to be reduced to Rs. 12,189 from April 2016. When approached to the concerned Branch of the Bank, I was told to wait for a letter. After a few days a Registered Letter was issued in my name which I received on 15-06-2016. In the letter the concerned Branch of the Bank asked me to refund a sum of Rs. 3,08,395 immediately, paid in excess during these four years due to their mistake arising out of wrong fitment of Basic Pension. Being a very old person, (more than 80 years) I had to spent the entire amount towards my medical expenses and day to day affairs. I have no other source of income except this pension. I have no movable property or cash balance. My husband left his immovable properties intestate for which an old double storied house will be divided equally among four of us, that is, myself, two sons and one daughter. If I have to surrender this portion of the house. I will  become homeless. On the other hand if the pension is stopped, I will have to starve. Please advice.
Asked 5 months ago in Civil Law from Kolkata, West Bengal
if pension amount has been wrongly computed then the Govt can rectify the mistake and call upon you to refund excess amount paid to you 

2) it is better you visit the concerned authorities and request them to furnish details on basis of which pension amount has been computed 

3) you cannot be rendered home less 

4) it is duty of your children to maintain you 

5) if they refuse to do so you can move senior citizen tribunal and seek Rs 10,000 maintenance from your 3 children 

Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
The bank cannot stop your family pension. 
 They cannot attach your immovable property for recovery of excess paid pension amount.
You can issue a legal notice for reduction in monthly pension amount suddenly without any notice to you nor any intimation.
If the pension amount was paid in excess due to the bank mistake, you are not liable for it, hence deduction in any way from your pension for their wrong calculation shall be illegal 
However since the excess paid amount has to be recovered by bank you may ask them to deduct a minimum amount of Rs. 1,000/-  from your monthly pension amount and not beyond that, if they do not accept your terms then you may file a complaint agaisnt the bank manager with banking ombudsman or file an injunction suit against the bank authorities seeking to restrain the bank from deducting the excess paid amount from your monthly pension amount.
Consult an advocate and proceed on his advise on all such further issues.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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On what basis has the bank sought the refund? Even if the amount was mistakenly given in excess of what was to be paid to you the bank still cannot recover the arrears. If the bank stops your pension then move to High Court through a writ petition for an appropriate relief.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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