Rejecting a revision petition filed through State Bank of India, the National Consumer Disputes Redressal Commission(NCDRC) upheld the orders handed thru the District Forum and State Commission which had directed the Bank to de-freeze the account of 1 Manika Sarkar, in which her monthly pension became credited.

The account turns out to be held Manika Sarkar together alongside her son, who modified into a worker of the Bank. She was a widow of defence personnel and her own family pension turned into as soon as credited to her saving account collectively held together with her son. A criminal case of misappropriation of financial institution price range became registered in competition to Sarkar’s son. Stating this floor, the monetary institution iced up the account, and all transactions in it have emerged as barred. In this situation, Sarkar filed purchaser grievance, contending that the freezing of account deprived her of month-to-month pension, which grows to be her sole supply of sustenance. The Bank adverse the plea contending that Sarkar changed into not a consumer within the means of Consumer Protection Act. It similarly advanced that the account ends up no longer a pension account, but joint-economic financial savings account wherein her pension quantity emerge as credited at her request.

The District Forum passed an intervening time order directing the financial institution to allow the Sarkar to characteristic the account to withdraw the pension quantity. It additionally held that she cannot withdraw some other amount except pension.

The District Forum passed an intervening time order directing the financial institution to allow the Sarkar to characteristic the account to withdraw the pension quantity. It additionally held that she cannot withdraw some other amount except pension.

 “Pension is supposed for the survival of the pension holder, which cannot be linked or withheld with the aid of way of every person”, discovered the District Forum. “Pension is meant for survival of the pension holder and prima facie there is urgency. Hence, if the quantity isn’t withdrawn, the respondent will suffer irreparable loss and damage”, the District Forum had held The State Commission brushed off the enchantment filed by using Bank towards this order. It held that Sarkar cannot be made to go through because of offence committed through her son, who via the way turns out to be a joint holder of the account in question. Assailing this, the Bank approached the NCDRC. The NCDRC declined interference, noting no irregularity within the orders exceeded by way of government underneath. It held that Sarkar modified into a “purchaser” as she had a joint account within the economic organization, wherein her pension turns out to be frequently deposited. “She can’t be made to go through, excellent because of the purpose that she became having a joint account together with her son, who had allegedly devoted an offence. The petitioner monetary institution had no cause to withhold pension”, the Commission placed.

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