Sh. B.G. Sarkar Vs. The Manager, Union Bank of India | Case No. 57/1111/2017/12 | Dated: 27 Aug 2018

             

In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2

Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016] 

Case No. 57/1111/2017/12/ 16867-70                                          Dated: 23.04.2018

In the matter of:

Sh. B.G. Sarkar(H/o)

Ms. Sulata Sarkar

D-370, Indra Park

Najafgarh, Delhi-110043                                      ................ Complainant

                                          Versus                         

The Manager,

Union Bank of India

RZ-26, Roshan Mandi,

Najafgarh, Delhi-110043                                       ………...…Respondent

Date of Hearing: 12.04.2018

Present:     Mr. B.G. Sarkar, on behalf of Complainant.

Sh. Sanjay Kumar Gupta, Branch Manager and Sh. Manish Lamba, SWO ‘A’, on behalf of the Respondent.

ORDER

          The above named complainant vide his complaint  dated 09.11.2017 submitted that his wife Smt. Sulata Sarkar, a person with 40-70% moderate disability had closed her Savings Bank Account No. 697502010001211 in Union Bank of India Branch, Najafgarh on 11.04.2017 and opened a Savings Bank Zero Balance facility account No. 697502010010498 in the same branch on 06.03.2017.  As the bank did not link the said new zero balance account to Aadhaar, she did not get the enhanced disability pension @Rs. 2500/- per month.  He requested that this bank be directed to pay compensation of Rs. 10,000/- to his wife.

2.      The complaint was taken up with the respondent vide notice dated 27.12.2017.  The respondent Bank vide letter dated 08.01.2018 submitted that the saving account 697502010001211 of Mrs. Sarkar was opened on 29.08.2013 and the Aadhaar was immediately linked after receiving the same on 27.04.2015.  During this gap the customer did only two cash deposit transaction with the bank and did all the withdrawals through ATM only.  She had also not maintained minimum balance in the account.  She had not approached the bank with any other transactions.  Later on when she approached the Bank for Aadhaar inquiry in her saving account, she was informed that it had already been done. She was also asked that if any Department had any issue with not linking of Aadhaar with her account, then she should provide the Bank a soft copy of the communication.  But still she did not provide any letter and closed her account.  She again requested to open another saving account with zero balance which was opened on 06.03.2017 and linked it to Aadhaar on 11.04.2017 after de-linking Aadhaar from the previous account.  It has further been stated that Smt. Sulata Sarkar requested to transfer the account to Dwarka Branch Accordingly, her saving account was transferred on 12.09.2017.  During all the said processes, she was not harassed and the Bank tried its best to co-operate.

3.      Vide his rejoinder dated 24.01.2018, the complainant informed that he is not satisfied with the reply of the bank and a hearing should be scheduled.  Subsequently vide letter dated 05.03.2018, the complainant also inter-alia requested that compensation of Rs. 20,000/- should be paid to his wife Smt. Sulata Sarkar.

4.      During the hearing on 12.04.2018, Sh. Sanjay Kumar Gupta, Branch Manager submitted a letter dated 11.04.2018 which reiterated the submissions vide letter dated 08.01.2018.  He also produced the e-mails exchanged between the central office and the Najafgarh Branch of the Bank about linking of account number 473481004228 of Smt. Sulata Sarkar to her Aadhaar.  Sh. Gupta explained that, the old account of Smt. Sulata Sarkar was already linked.  The new zero balance account no. 697502010010498 which was opened on 06.03.017 had been linked with Aadhaar on 11.04.2017.  The said account was transferred to a Dwarka Branch of the same bank as per the request of the account holder.  As per him, there was no delay in linking the Aadhaar of Smt. Sulata Sarkar with her new account and the bank is not responsible for delay in release of enhanced pension.  The e-mail dated 25.09.2017 of the Department of Social Welfare that the account of Smt. Sulata Sarkar had not been linked to her Aadhaar, was replied to and she was informed that the said account had been linked as per bank records.

5.      From the records made available by the parties, it appears that there was a communication gap between the Department of Social Welfare and the Najafgarh Branch of the Bank which was further complicated due to transfer of the account from Najafgarh Branch to Dwarka Branch around the same time.

6.      It has been observed that a number of beneficiaries with disabilities of social security are facing hardships due to issues concerning linking of their Aadhaar to their bank accounts.  In view of this, Regional Director, Reserve Bank of India, New Delhi may identify possible areas of difficulties and issue an advisory to all the banks in NCT of Delhi to ensure smooth release of the social security amounts to persons with disabilities, who are dependent on the disability pension, etc. for their livelihood/maintenance.   

7.      There is no provision for compensation in the Rights for the Persons with Disabilities Act, 2016.  Hence, no recommendation can be made for the same.

8.      The matter is disposed off.

9.      Given under my hand and the seal of the Court this 23^rd day of April, 2018.     

                                                                           (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Copy to: 

1.   The Regional Director, RBI, 6 Sansad Marg, New Delhi-110001.  For appropriate action in terms of the recommendation in para 6.
2.   Secretary, Department of Social Welfare, Govt. of NCT of Delhi for information.