RETIRED PENSIONERS ARE CONSUMERS FOR THEIR POST RETIREMENT BENEFITS

[Narendra Khutate]

i HAVE FACED DIFFICULTY IN FILING CASE IN DISTT CONSUMER FORUM FOR FILING A CSE AGAINST BANK OF BARODA, BECUASE I WAS REQUIRED TO PROOVE MY SELF AS CONSUMER WHICH IS A PRIME REQUIREMENT FOR CASE IN CONSUMER FORUMS.

HERE ARE THE FEW CASES DECIDED BY APEX COURT AND NATIONAL CONSUMER DISPUTES REDRESSAL FORUM.

 

1.                 Bank of India & Anr vs K.Mohandas –Supreme Court judgement dated 27.03.2009 in C.A. No.1942/2009.

2.                 D.S.Nakara and Anr vs  Union of India – Supreme Court writ petition No.5939 to 5941 of 1980 judgement dated 17.12.1980

4.                 Jagdish Kumar Bajpai vs Union of India -National Consumer Dispute Redressal Commission judgement dated 20/10/2005.

5.                 South Western Railway vs Mr.D.J.Manuel - National Consumer Dispute Redressal Commission judgement dated 19.05.2011.

 

 

FURTHER FOR DESCRIMINATION OF RETIRED EMPLOYEES IN THE SAME CLASS FOLLOWING JUDGEMENT OF BOMBAY HIGH COURT WILL BE HELPFUL:

Madhav.K.Kirtikar vs Bank of India – Bombay High Court judgement dated 07/01/1997.

 

[SIKANDER GULATI]

Dear Mr Narendra,
From the statement given by you on this blog, you appear to file the application in the consumer court basing you service claims  on the basis of  citations mentioned below.
Sorry, you can not take a service matter in a consumer court, if I  have rightly understood your point.  Remedy does not lie in consumer court.  So I do not subscribe to your view.

regards,

S.L.Gulati
Adv.& Tax Consultant

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[Narendra Khutate]

Dear sir,

This is not a service matter but it is a post retiral benefit based on the rules existing preretirement. ts performance of promise given during the service period and time spent during service period is the consideration for being consumer. Pl refer SC case V.P.Shanta vs Union of India

[Pankaj Vithlani]

Shri Narendaji,

Has the Consumer Court accepted your case ? Filing a case in Consumer Court is but tricky because the main argument of the Bank will be - " the case is not maintainable" in this court. However you have sited good number of cases in your mail, and we wish you good luck in your case - please keep us posted with your progress - Vithlani

Pankaj V Vithalani,
AHMEDABAD - 380015
Mob. 91 - 9825673520

[perumal maruthu]

Dear shri. Gulatiji,

I endorse your views. Consumer Forum deals with matters pertaining to 'DEFICENCY OF SERVICE' as promised to the consumer.

Non-payment of pension, partial-payment of Gratuity/PF, refusal of medical facilities to the retired, denial of LFC etc can not be dubbed as consumer matters as they belong to the realm of service matters.

Non-payment of interest on delayed collection of cheques, non-payment of interest on SB/Term Deposits as per ruling/agreed terms, restrictions on Locker-operations, refusal by Bank to refund excess interest/service charge/commission collected etc are some of the matters falling under the category of deficiency of service.

If Mr.Narendra succeeds in his case, it will be a GREAT achievement indeed!

M.Perumal

Chennai

From: SIKANDER GULATI <sikander...@gmail.com>
To: bankpe...@googlegroups.com
Sent: Saturday, 11 February 2012 9:52 AM
Subject: Fwd: bankpensioner RETIRED PENSIONERS ARE CONSUMERS FOR THEIR POST RETIREMENT BENEFITS

[Narendra Khutate]

dEAR sHRI Sikander Gulati,

I already filed complaint in Nagpur District Consumer Forum on 23-10-2010 and it is accepted. Moreover the plea of bank for employer-employee relationship is not accepted by the forum.The result of the case is expected very shortly. Final arguments are already over. I will post the decision translated into english after I receive it.

Thanks

On Sat, Feb 11, 2012 at 5:28 PM, Narendra Khutate <n25...@gmail.com> wrote:

[Narendra Khutate]

es I have succeeded in getting notice issued to the bank till final arguments and now the forum is to deliver its order any time. This will be my achievement. Dear Gulatiji if you go through the cases mentioned by me in my earlier mails your concept of consumer definition will be clear. Initially iwas also having the conception like you but after study in depth and going through the following cases my concept for consumer definition accepted by the consumer forum before issuing notice to the bank. Order in my case is expected very shortly in marathi which after translation I will upload for you all.

Non-payment of pension, partial-payment of Gratuity/PF, refusal of medical facilities to the retired, denial of LFC etc are consumer matters as they belong to the realm of post retirement benefits i.e. promise during service period to be performed at the fag end after the service period.

Thanks for giving an opportunity to express my views.

[Prasad C N]

Dear Mr.Narendra Khutate,

One of the retired Officer has also won dispute raised in respect of another Pension option, both at District and State Commission.  National Commission has stayed.  Since, I am keenly following up the case, I am also aware of reasons of her success. She also resisted staying the order at National Commission and she was not successful.  

Please go through the Judgements again.  Pension is treated as a Property.  Therefore, I do not find how 'Pensioner' becomes 'consumer' when Pension is treated as 'Property'.   

 

Thanks, a Million.

With regards,
Prasad C N

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From: Narendra Khutate <n25...@gmail.com>
To: bankpe...@googlegroups.com
Sent: Monday, 13 February 2012 8:47 AM
Subject: Re: Fwd: bankpensioner RETIRED PENSIONERS ARE CONSUMERS FOR THEIR POST RETIREMENT BENEFITS

[Prasad C N]

Dear friends,

Dear Mr.Narendra Khutate,

One of the retired Officer has also won dispute raised in respect of another Pension option, both at District and State Commission.  National Commission has stayed.  Since, I am keenly following up the case, I am also aware of reasons of her success. She also resisted staying the order at National Commission and she was not successful.  

Please go through the Judgements again.  Pension is treated as a Property.  Therefore, I do not find how 'Pensioner' becomes 'consumer' when Pension is treated as 'Property'.

If you find that we can approach 'Consumer Courts' for Service issues, then there is no need for existence of Labour Courts    

 

Thanks, a Million.

With regards,
Prasad C N

 

Thanks, a Million.

With regards,
Prasad C N

[Narendra Khutate]

Dear sir,

Labour court is for deciding policy matters and other legal matters however consumer disputes arises for the performance of promises assured for the post retirement period. In consumer case consideration is the prime requirement for the consumer deisputes. In case of retired persons time spent during the service period is the consideration for retired persons to be a consumer. SC Case V.P.shanta vs Union of India clarifies this more clearly.

[Pankaj Vithlani]

Should not we wait for the Order of the Forum, instad of giving our own judgment ?

On Mon, Feb 13, 2012 at 10:16 PM, Prasad C N <cn_pr...@yahoo.com> wrote:

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[Prasad C N]

Dear Mr.Vithlani,

Please understand the implication of raising a dispute in Consumer Court.  Till such time it is decided, one who has raised dispute in any other forum, including Consumer Court, is barred from filing any Writ Petition.  Further, you need to spend your money and time unnecessarily. We are not the losers.  It is only in interest of members of this group, we are advising not to take this recourse.

 

Thanks, a Million.

With regards,
Prasad C N

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From: Pankaj Vithlani <pvvit...@gmail.com>
To: bankpe...@googlegroups.com
Sent: Tuesday, 14 February 2012 9:26 AM
Subject: Re: Fw: Fwd: bankpensioner RETIRED PENSIONERS ARE CONSUMERS FOR THEIR POST RETIREMENT BENEFITS

[Narendra Khutate]

YES I AM WAITING FOR ORDER OF THE FORUM. I AM NOT GIVING ANY JUDGEMENT BUT JUST OPINE.

On Tue, Feb 14, 2012 at 9:26 AM, Pankaj Vithlani <pvvit...@gmail.com> wrote:

.Should not we wait for the Order of the Forum, instad of giving our own judgment ?

[lakshmanan shankarnaraynan]

Dear Friends,   A lot of discussion is going on about filing of cases in the consumer forum. In this connection let me write abour case. we, 144 retirees of Indian Bank under VRS 200-01 filed cases in the District consumer forum, Chennai North in 2001 claiming interest for the delayed payment of pension and commuted pension and compensation for the same. The Bank questioned the jurisdiction of the consumer forum in the Madrs HC. However Madras HC dismissed it and directed the district consumer forum to decide the jurisdiction issue. Ultimately the district forum decided  that it has got the jurisdiction and gave the verdict  in our favour. The State and National Forums upheld the verdict of the District forum. Bank's appeal in the Supreme Court was dismissed and it directed the Bank to deposit the amount with the district consumer forum. Now we have filed EP for the realisation of the amount. Here our case was for the payment of interest and not for the payment of any retiral benefits.   S.Lakshmanan(IB VRS2001)