Bank Advised To Pay Rs.5.00 lac to Aggrieved Customer

Mumbai: Bank told to pay Rs5 lakh to customer for mental agony

The district consumer forum has pulled up the HDFC Bank’s Ambernath branch for not providing proper services to one of its customers who had opted for a loan. Holding the bank guilty of causing the customer mental agony, the forum has asked the bank to pay him a compensation of Rs5 lakh.

The bank has been asked to pay up within 45 days, failing which a penalty, in the form of an annual interest rate of 6%, will be levied.

The case dates back to October 2007, when Ambernath resident Eliasparankiman Christopher had taken a loan of Rs4,59,000 from the bank. The complainant had decided to repay the loan in 60 instalments, ie till August 2012.

As per the forum’s order copy, the complainant was very particular in paying the instalments, which he did till August 2011. The complainant, in August 2011, decided to pay the remaining loan amount in one go. Accordingly, he issued a cheque of Rs1,16,000 on September 6, 2011 and asked the bank to close his loan account.

The bank, however, claimed that the complainant had dues amounting to Rs61,895 pending against him and it deducted the amount from the Rs1,16,000 he had paid towards his loan.

Christopher’s complaint read that unknown to him the bank had transferred the difference (Rs54,105) to his savings account.

He alleged that the bank then levied a penalty of Rs35,048.98 on the Rs54,105, saying the fine was for all the times he had delayed in paying his loan instalments, and asked him to pay a total of Rs89,153.98 to close his loan account.

Fed up of being “misguided” by the bank, Christopher then approached the forum and registered a complaint against it. When the forum asked the bank to file its reply, the latter held that this was a regular procedure and, hence, it was not at fault.

The forum, after going through the evidence, held that the bank’s Ambernath branch was guilty of not providing proper services to its customer.

The forum then asked the complainant to pay Rs89,153.98 to the bank to close the loan account and directed the bank to pay him Rs5 lakh for causing him “mental agony”.

http://www.dnaindia.com/mumbai/report-mumbai-bank-told-to-pay-rs5-lakh-to-customer-for-mental-agony-1940729

Important Court Verdict Related To Bank Staff

Important Recent Judgments of Various Courts - Lower Courts, High Courts, Supreme Courts, RTI, Central Information Commissioner etc. on Wage Revisions, HR Issues for Bankers

(A)  PENSION  AND  WAGE REVISION  CASES :

28. Karnataka HC Writ Petition Nos 35355 - 35361/2010(S-R) between G Channaramakrishan & Others vs. Union of India, IBA, Canara Bank & others relating to quashing of Joint Note dated 27/4/2010 and MoS in so far as it relates to condition requiring Bank employees to contribute 2.8 times of revised pay scale to become pension optees and contribution of fund additional of 56% of the management contribution to PF, has been dismissed (20th September 2012)

27. Supreme Court Judgement in case of M R Prabhakar & Others vs Canara Bank & Others on 3rd October 2012 (Civil Appeal Nos 7188-7191 of 2012) - regarding legalilty of the claim of pension in lieu of CPF who had resigned and stood relieved prior to 03.06.1993. - Case was dismissed by SC. in October 2012

26. 2nd Pension Option to Left Over Bankers Should Now Be Only A Matter of Few Days  - Karnataka HC Delivers Clear Cut Judgment    by Rajesh Goyal    (uploaded on  12/10/2012)

25.→ National Consumer Commission Fully Exposes Fallacies of  IBA and Banks For Denying  2nd Pension Option to Resignees  - by Rajesh Goyal  (uploaded on 30/08/2012)

24.  →  Appeal by Vijaya Bank against the order dated  18^TH APRIL 2012  for granting pension to the resignees in the writ petition No. 24158-24160 / 2011 IN THE BANGALORE HIGH COURT ALSO DISMISSED.  (uploaded on 31st July, 2012)

23. → Karnataka High Court strikes down Vijay Bank circular denying 2nd pension option to certain categories of bankers (uploaded on 23/05/2012)

22.→ Andhra Pradesh High Court Rules that even a Compulsorily Retired Officer is eligible for 2nd Pension Option under Joint Note (uploaded on 04/04/2012)

21.→Transfer of Petitions to SC - Status after hearing on 19/01/2012 (uploaded on 22/01/2012)

20. Allahabad Bank Rapped by Bombay High Court for Stopping Pension of 87 Year Old Ex-Banker - HC Restores Pension  and Allahabad Bank pulled up for arbitrary action  (uploaded on 27/01/2012)

19. Contempt Petition filed by pensioners of LIC in Rajasthan High Court -   Failure of LIC to  Giving Pension Parity in LIC As per HC direction   (uploaded on 19/01/2012)

18.   Sheelkumar Jain vs The New India Assurance Co. Ltd. & Others - Supreme Court Judgement - 28th July, 2011 -  In this case SC allowed the appeal and directed the respondents to consider the claim of the appellant for pension in accordance with the Pension Scheme 1995, inspite of his resignation.

17. N.Pradeep Kumar, Supreme Court, Advocate now has sent Part II of his arguments about the status for entitlement to Pension Option for Employees Who retired between 29.9.1995 and 26.4.2010.  READ NOW.  (Uploaded on 21/11/2010)

16. Case Filed At High Court of Karnataka by UFOPFO - Principal Bench at Bangalore - Full text of Writ now available for every banker (Uploaded on 17/11/2010)

15. N. Pradeep Kumar, Supreme Court, Advocate gives free and frank legal opinion about the status for entitlement to Pension Option for Employees Who "Retired" between 29.9.1995 and 26.04.2010.  READ NOW - Part I of the Series of Articles for the benefit of bankers across the country. (Uploaded on 14/11/2010)

14. STATUS OF THE PIL  FILED  IN MUMBAI HIGH COURT  AND BACKGROUND OF THE CASE (updated on 14/11/2010)

13. A Landmark Decision by Central Information Commissioner -  Employee Has Right to Know where his PF funds are being invested.(uploaded on 27/10/2010)

12. PIL filed in High Court against 9th Bipartite Settlement & Joint Note  (Uploaded on 09/10/2010)

11.  Resignation is equal to Voluntary Retirement? - Decision by Madras High Court   (Uploaded on 09/10/2010)

10. Even a retrospective amendment cannot  take away the rights of an employee for retirement benefits  (Uploaded on 09/10/2010)

9. UCO Bank & Others vs Ashwani Kumar Sharma - Can banks withhold gratuity and leave  encashment in the case of compulsory retirement?  (Uploaded on 08/10/2010)

8. Orissa High Court gives stay to Parsuram Mohanty for recovery of 56% (Uploaded on 05/10/2010)

7. Court case at Jaipur (uploaded on 11/09/2010)

6 Pension Scheme must provide for the pension should be able to live at a standard equivalent to Pre-retirement level;

5. Denial of pension option to resignees of PSUs is unconstitutional? - Part I

4 DENIAL OF PENSION OPTION TO RESIGNEES OF PSBs IS UNCONSTITUTIONAL - PART II.

3 Amendments in Payment of Gratuity Act - Enhancing the gratuity limit to Rs. 10 lacs wef 24/05/2010 - Copy ofnotification

2. What happened on 10th August, 2010 at Madras High Court -  WRIT APPEAL - STAY VACATED. (uploaded on 10/08/2010) [Also updated on 11/08/2010]

1.  Supreme Court (Law cases) on revision and updation of pensions -  By Supreme Court lawyer (uploaded on 08/06/2010);

(B)  Issuing Relating to Payment to Bankers Who Were Compulsorily Retired :

→ Anju Mathur vs UCO Bank & Others -  High Court of Punjab and Haryana, Chandigarh - Decision on 19.10.2011

 → Arun Kumar Sood vs UCO Bank & Others -  Bank was asked to pay the gratuity amount - High Court of Himachal Pradesh - Decision on 21st October, 2010

(C)  ISSUING  RELATING TO  SUPPLY OF INFORMATION  BY RBI / Other Financial Institutions etc :

 → RBI should supply the bank wise and customer wise details of the losses of Rs 32,000 crores  information gathered from banks relating to Mark to Market valuation of currency derivative Deals

 →  Mr. Subhash Chandra Agrawal, vs RBI - Information commission has allowed the appellant to get certain information which RBI was reluctant to share under RTI

 → Mr Kishanlal Mittal vs NABARD - Information commission has allowed the appellant to get certain information which NABARD  was reluctant to share under RTI

(D)  Other Issues :

 →  Regulated Working Hours - Issue taken up by Union Leaders but without any results

Important Court Verdict Related To Bank Staff

Important Recent Judgments of Various Courts - Lower Courts, High Courts, Supreme Courts, RTI, Central Information Commissioner etc. on Wage Revisions, HR Issues for Bankers

(A)  PENSION  AND  WAGE REVISION  CASES :

28. Karnataka HC Writ Petition Nos 35355 - 35361/2010(S-R) between G Channaramakrishan & Others vs. Union of India, IBA, Canara Bank & others relating to quashing of Joint Note dated 27/4/2010 and MoS in so far as it relates to condition requiring Bank employees to contribute 2.8 times of revised pay scale to become pension optees and contribution of fund additional of 56% of the management contribution to PF, has been dismissed (20th September 2012)

27. Supreme Court Judgement in case of M R Prabhakar & Others vs Canara Bank & Others on 3rd October 2012 (Civil Appeal Nos 7188-7191 of 2012) - regarding legalilty of the claim of pension in lieu of CPF who had resigned and stood relieved prior to 03.06.1993. - Case was dismissed by SC. in October 2012

26. 2nd Pension Option to Left Over Bankers Should Now Be Only A Matter of Few Days  - Karnataka HC Delivers Clear Cut Judgment    by Rajesh Goyal    (uploaded on  12/10/2012)

25.→ National Consumer Commission Fully Exposes Fallacies of  IBA and Banks For Denying  2nd Pension Option to Resignees  - by Rajesh Goyal  (uploaded on 30/08/2012)

24.  →  Appeal by Vijaya Bank against the order dated  18^TH APRIL 2012  for granting pension to the resignees in the writ petition No. 24158-24160 / 2011 IN THE BANGALORE HIGH COURT ALSO DISMISSED.  (uploaded on 31st July, 2012)

23. → Karnataka High Court strikes down Vijay Bank circular denying 2nd pension option to certain categories of bankers (uploaded on 23/05/2012)

22.→ Andhra Pradesh High Court Rules that even a Compulsorily Retired Officer is eligible for 2nd Pension Option under Joint Note (uploaded on 04/04/2012)

21.→Transfer of Petitions to SC - Status after hearing on 19/01/2012 (uploaded on 22/01/2012)

20. Allahabad Bank Rapped by Bombay High Court for Stopping Pension of 87 Year Old Ex-Banker - HC Restores Pension  and Allahabad Bank pulled up for arbitrary action  (uploaded on 27/01/2012)

19. Contempt Petition filed by pensioners of LIC in Rajasthan High Court -   Failure of LIC to  Giving Pension Parity in LIC As per HC direction   (uploaded on 19/01/2012)

18.   Sheelkumar Jain vs The New India Assurance Co. Ltd. & Others - Supreme Court Judgement - 28th July, 2011 -  In this case SC allowed the appeal and directed the respondents to consider the claim of the appellant for pension in accordance with the Pension Scheme 1995, inspite of his resignation.

17. N.Pradeep Kumar, Supreme Court, Advocate now has sent Part II of his arguments about the status for entitlement to Pension Option for Employees Who retired between 29.9.1995 and 26.4.2010.  READ NOW.  (Uploaded on 21/11/2010)

16. Case Filed At High Court of Karnataka by UFOPFO - Principal Bench at Bangalore - Full text of Writ now available for every banker (Uploaded on 17/11/2010)

15. N. Pradeep Kumar, Supreme Court, Advocate gives free and frank legal opinion about the status for entitlement to Pension Option for Employees Who "Retired" between 29.9.1995 and 26.04.2010.  READ NOW - Part I of the Series of Articles for the benefit of bankers across the country. (Uploaded on 14/11/2010)

14. STATUS OF THE PIL  FILED  IN MUMBAI HIGH COURT  AND BACKGROUND OF THE CASE (updated on 14/11/2010)

13. A Landmark Decision by Central Information Commissioner -  Employee Has Right to Know where his PF funds are being invested.(uploaded on 27/10/2010)

12. PIL filed in High Court against 9th Bipartite Settlement & Joint Note  (Uploaded on 09/10/2010)

11.  Resignation is equal to Voluntary Retirement? - Decision by Madras High Court   (Uploaded on 09/10/2010)

10. Even a retrospective amendment cannot  take away the rights of an employee for retirement benefits  (Uploaded on 09/10/2010)

9. UCO Bank & Others vs Ashwani Kumar Sharma - Can banks withhold gratuity and leave  encashment in the case of compulsory retirement?  (Uploaded on 08/10/2010)

8. Orissa High Court gives stay to Parsuram Mohanty for recovery of 56% (Uploaded on 05/10/2010)

7. Court case at Jaipur (uploaded on 11/09/2010)

6 Pension Scheme must provide for the pension should be able to live at a standard equivalent to Pre-retirement level;

5. Denial of pension option to resignees of PSUs is unconstitutional? - Part I

4 DENIAL OF PENSION OPTION TO RESIGNEES OF PSBs IS UNCONSTITUTIONAL - PART II.

3 Amendments in Payment of Gratuity Act - Enhancing the gratuity limit to Rs. 10 lacs wef 24/05/2010 - Copy ofnotification

2. What happened on 10th August, 2010 at Madras High Court -  WRIT APPEAL - STAY VACATED. (uploaded on 10/08/2010) [Also updated on 11/08/2010]

1.  Supreme Court (Law cases) on revision and updation of pensions -  By Supreme Court lawyer (uploaded on 08/06/2010);

(B)  Issuing Relating to Payment to Bankers Who Were Compulsorily Retired :

→ Anju Mathur vs UCO Bank & Others -  High Court of Punjab and Haryana, Chandigarh - Decision on 19.10.2011

 → Arun Kumar Sood vs UCO Bank & Others -  Bank was asked to pay the gratuity amount - High Court of Himachal Pradesh - Decision on 21st October, 2010

(C)  ISSUING  RELATING TO  SUPPLY OF INFORMATION  BY RBI / Other Financial Institutions etc :

 → RBI should supply the bank wise and customer wise details of the losses of Rs 32,000 crores  information gathered from banks relating to Mark to Market valuation of currency derivative Deals

 →  Mr. Subhash Chandra Agrawal, vs RBI - Information commission has allowed the appellant to get certain information which RBI was reluctant to share under RTI

 → Mr Kishanlal Mittal vs NABARD - Information commission has allowed the appellant to get certain information which NABARD  was reluctant to share under RTI

(D)  Other Issues :

 →  Regulated Working Hours - Issue taken up by Union Leaders but without any results