Upgrad LLM

excess pension recovery rules by pension payee bankers


On 30th April 2009, I got retired from my service on superannuation from BSNL dept and pension holder of dept.of Telecom.
Regarding my pension till 31/10/2012 from 01/05/2009, I haven't face any issue.
On 5th Dec 2012, SBI(State Bank of India - I hold pension A/C in SBI, Bankura, WB) notified me that "You have been paid an excess pension amount of 3,52,908 since 01/05/2009 to 31/10/2012. Now to adjust the position you are requested to deposit the excess amount of pension immediately. In this context, please note that an amount of Rs.10,000 has been recovered from your pension for the purpose."

I am solely depend upon my pension amount, so I cannot pay excess amount in lump sum however I can pay
the excess amount in monthly installments of certain percentage of my pension amount.

My Questions:-
1. Is there any specific Indian law/rules which will force me to pay the excess amount in lump sum?
2. If I pay the excess amount in monthly installments then what is the lowest amount of percentage that bank can recover from my pension? For that are there any law/rules?
3. As bank has already recovered Rs.10,000 from pension- Can they recover/deduct any amount from pensioner A/C as they wish? For that are there any law/rules?

I am waiting for you answer/advise, please help me it’s really urgent.

Advance thanks.

Anil Kr. Gorai,
Bankura
WB, India.

 
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Adv P & H High Court Chandigarh

As the excess payment has not been made due to your fault so you are not liable to refund the same legally. There are such judgments. You can file a ciivil suit restraining the SBI to deduct such allged over paid pension out of your pension amount.

 
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Proprietor

I completely endorse the views expressed by Mr. Makkad in this regard.

 
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Thanks for your reply.

But according to RBI (http://www.rbi.org.in/commonman/English/scriptts/FAQs.aspx?Id=354  FAQ 15), bank can recover excess payment made to the pensioner's account.

"The paying branch before commencement of pension obtains an undertaking from the pensioner in the prescribed form for this purpose and, therefore, can recover the excess payment made to the pensioner's account due to delay in receipt of any material information or due to any bonafide error. The bank also has the right to recover the excess amount of pension credited to the deceased pensioner’s account from his/her legal heirs/nominees."

Can any body answer me my 2nd question:

If I pay the excess amount in monthly installments then what is the lowest amount of percentage that bank can recover from my pension? For that are there any law/rules?

 
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Education Officer (Retired)

I seem to be also a victim of excess pension payment due to the mistake of SBI CPPC.  I would like to know (1) if the problem posted by Mr. Anil Kumar Gora has been sorted out and (2) whether there are others with similar issues and their status positions.

 
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I did a complain against SBI CPPC to "Ms Tripti P. Ghosh, Director of Department of Pension and Pensioners Welfare and P.A to Joint Secretary(A.B), Deptt of Financial Services, Ministry of Finance, New Delhi" by email and my issue is solved.

Now SBI is duducting one-third of my pension to recover the excess paid amount.

Email for Ms Tripti P. Ghoshtripti.ghosh@nic.in

Email of Ministry of Finance - jsda-dfs@nic.in

List of Nodal Public Grievance Officers : http://pgportal.gov.in/pgo.aspx

 
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Education Officer (Retired)

Mr. Gorai,

I do not know the full details of your case.  However, as the learned Counsel Mr. Raj Kumar Makkad has pointed out, vide his post above, you are not liable to refund the excess payment legally, if you have not been at fault.  

There is a very clear Madras High Court judgment on this matter whose copy I can send you.  If you are interested please email me.  I have given my mail id in my PM to you sent on 07-6-2013.

 
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On 31st October, 2000 my father retired from his service from Ministry of Railway and the pension holder of Ministry of Railway.

On 21st January 2003 my father died and thereafter my mother got her share of family pension on regular basis form a nationalised bank but suddenly on 31st October, 2014 the bank informed her that an excess payment of nearly 4,00,000 was made to her and she had to repay it as soon as possible.

Now she is completely dependent on her family pension and she does not have any fixed amount or other income and she is now 70 years old what does she do...........

1) Can bank recover the amount payment in excess from her pension account without her permission?

2) Is it possible for my mother to repay the excess amount to the bank by monthly installment and how much it may be. 

 
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Excellent article - I was fascinated by the points ! Does someone know if my company might be able to obtain a sample a form form to fill in ?

 
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On 11th  July, 2003 my father  died and thereafter my mother got her share of family pension on regular basis form a State bank but suddenly on 23rd May, 2017 the bank informed her that an excess payment of nearly 4,00,000 was made to her and she had to repay it as soon as possible. Bank person also pressurise her to pay three lakhs amount in first installment immediately. Now she is completely dependent on her family pension and she does not have any fixed amount or other income and she is now almost 60 years old what does she do........... 1) Can bank recover the amount payment in excess from her pension account without her permission? 2) Is it possible for my mother to repay the excess amount to the bank by monthly installment and how much it may be. 

   Thanks & Regards

Ajay Sharma

My mail ID is ajaysharma0580@gmail.com


 

 
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