my mother pension account frozen
KiranKumar
(Querist) 15 October 2016
This query is : Resolved
Hai sir, my mother family pension account frozen by creditor. My mother age 72yrs. My mother and me depend pension amount. This month we have not received my pension amount and I am not pay my house rent, my mother medicine expenses food etc. My background very poor. Bank says it's your pension account is frozen. Plz solve this problem sir. It's possible to open another bank account for pension.
KiranKumar
(Querist) 15 October 2016
Plz resolve me sir
Advocate M.Bhadra
(Expert) 15 October 2016
Try to open a new account in another bank and inform to the pension authority to transfer the amount to new account.
Failing which ask your mother to file a Writ Petition in High Court.
Section 11 in The Pensions' Act, 1871
"Exemption of pension from attachment.- No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such Court."
Sec.60(g) Civil Procedure Code
Property liable to attachment and sale in execution of decree.- (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank notes cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(g)stipends or gratuities allowed to pensioners of the Government or of a local authority or of any other employer, or payable out of any service family pension fund notified in the Official Gazette by the Central Government or the State Government in this behalf, and political pension;
adv.bharat @ PUNE
(Expert) 15 October 2016
For what ground the pension account is frozen?
Sudhir Kumar, Advocate
(Expert) 15 October 2016
please come with full facts.
there may be some background without which no expert can understand the case and advise you suitably.
Kumar Doab
(Expert) 15 October 2016
You have posted that:
"my mother family pension account frozen by creditor."
Post full facts of the matter.
Devajyoti Barman
(Expert) 15 October 2016
The query is full of vagueness.
The account can be frozen only by bank on direction of court order, investigation agency or unilaterally if there is scent of fraud.
In your case come clear on how creditor freezes the account.
Rajendra K Goyal
(Expert) 15 October 2016
You have not revealed full facts.
You have not mentioned why the account was frozen and what reason was told by the Banker for this. Whether installment of any loan was pending, recovery of pension was due, life certificate was not submitted in time or some documentry formality was needed by the Bank,
Rajendra K Goyal
(Expert) 15 October 2016
If this is Public Sector Bank, write to Manager with copy to Regional Manager, General Manager and Chairman. Also send e-mail to all.
Write and send e-mail to concerned department releasing pension.
Generally for any recovery, full pension can not be withheld, it is irregular.
If your mother is pensioner, she can take help from senior citizen helpline.
Sudhir Kumar, Advocate
(Expert) 15 October 2016
full facts will be needed before agreeing or disagreeing with Mr Bhadra or Mr Goyal.
Kumar Doab
(Expert) 15 October 2016
You are entitled to get authenticated copies of all substantiating docs based on which bank acted.
Was any communication/notice supplied before attaching the pension!
KiranKumar
(Querist) 15 October 2016
My mother signed empty promissory note purpose taken 20,000/- last year. Already my mother paid 18000/- rupees. But creditor send me notice 1,25,000/- rupees. My mother attend court and said to court hall. My mother attend the court date 07-12-2015. After 9 or 10 months court send me Decree notice paid to plaintiff 1,25,000 and 26,000 interest. This month 3rd court order frozen my mother family pension bank account. This means plaintiff win this case or not. My mother bank account balance last 16years only pension amount. My father died year 1992. My mother and me does not have any assets, shares, bonds or capital. Every month I am depending only pension. Every month bank balance only minimum balance maintain. How to activated my mother account.
Rajendra K Goyal
(Expert) 15 October 2016
Bank is not at fault if it froze / marked lien in the account on the basis of court orders.
You should have defended the case in court through your lawyer.
You have not defended the case and put the facts before the court during execution proceedings also hence court attached the account.
Court orders need to be seen, if it ordered all future receipts in the account, appeal has to be filed for release of appropriate amount for expenses.
However, mostly present balance is hold / attached, if so, future pension can be withdrawn afterwards till new orders received. Bank may remit present balance to court on receiving orders.
Kumar Doab
(Expert) 15 October 2016
Bank must have received the decree/order from court.
You can also apply for certified copies from court.
You may show the said promissory note, and case related docs to your own counsel.
You can try for free legal aid from local legal aid center.
Rajendra K Goyal
(Expert) 15 October 2016
In your query also, initially you have not cared to mention clear facts, rather tried to show that a great injustice has been done by the Bank by holding account of a aged and poor pensioner.
The fact was altogether different, Bank was helpless and only obeyed court orders and during proceedings you miserably failed to defend your side.
All this resulted in misleading advice.
Kumar Doab
(Expert) 15 October 2016
You may show the said promissory note, and case related docs to your own counsel, for a considered opinion.
Guest
(Expert) 15 October 2016
Open a fresh bank account, as pension account and intimate the change to the pension sanctioning authority for effecting change as per rules and credit of pension in to the new account.
KiranKumar
(Querist) 15 October 2016
Thank u very much for ur kindly legal opinions sirs/madams
Guest
(Expert) 16 October 2016
You are welcome.
Sudhir Kumar, Advocate
(Expert) 16 October 2016
You have now said
"My mother signed empty promissory note purpose taken 20,000/- last year. Already my mother paid 18000/- rupees. But creditor send me notice 1,25,000/- rupees. My mother attend court and said to court hall. My mother attend the court date 07-12-2015. After 9 or 10 months court send me Decree notice paid to plaintiff 1,25,000 and 26,000 interest. This month 3rd court order frozen my mother family pension bank account. This means plaintiff win this case or not. My mother bank account balance last 16 years only pension amount."
You did not disclose these facts in earliest blog.
You have now indicated that your mother has already lost a civil suit.
You are still hiding that she did not pay and there is recovery proceeding. But you have indicated that the account is attached in recovery.
Open fresh account and the creditor will apply for attachment of this account as well.
Sudhir Kumar, Advocate
(Expert) 16 October 2016
Agreeing with Mr RK Goyal, I will add that at this stage now it is clear that no injustice has been done.
You are still hiding the fact that why pro-note was signed?
whether any money was borrowed or not?
Rajendra K Goyal
(Expert) 16 October 2016
Please state clear facts for proper advice.
Kumar Doab
(Expert) 16 October 2016
You may go thru;
Attachment of pension:
http://www.lawyersclubindia.com/experts/Attachment-of-pension-619436.asp
http://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=2
Guest
(Expert) 16 October 2016
It is not a case of attachment of pension, but a case of freezing of an S.B. account of the depositor. Had it been a case of attachment the judge would not have given an order of freezing the account. Any attachment can be made only at the hand of the DDO, which is not the case.
Kumar Doab
(Expert) 16 October 2016
The author may go thru:
>>>
http://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=2
............even after the retiral benefits obtained by the appellant had been converted into ............. Deposits it did not lose its essential character of comprising the retiral benefits of the appellant, and could not, therefore, be attached in view of proviso (g) to Section 60 (1) of the Code.’
“finds support in the decision of this Court in Calcutta Dock Labour Board and another v Smt. Sandhya Mitra and Others [(1985) 2 SCC 1], wherein it was reaffirmed that gratuity payable to dock workers under a scheme in absence of a
Notification under Section 5 of the Payment of Gratuity Act, 1972, would not be liable to attachment for satisfaction of a Court's decree.â€
17……………… where while dealing with the provisions of Sections 3 and 4 of the Provident Funds Act, 1925, prohibiting attachment of sums held by the Government, as well as proviso (g) to Section 60(1) of the Code, this Court held that till such time as amounts payable by way of provident fund, compulsory deposits and pensionary benefits did
not reach the hands of the employee they retained their character as such and could not, therefore, be attached.
25……………….†We also agree ……….. that even after the retiral benefits, such as pension and gratuity, had been received by the appellant, they did not lose their character and continued to be 22
covered by proviso (g) to Section 60(1) of the Code.â€
The above is also reiterated in :
Andhra High Court
A.K.Dass vs Counsel For Petitioner : Sri M. ...
C.R.P.No.1657 of 2012
http://www.indiankanoon.org/doc/136338692/?type=print
The above SC decision is also reiterated in:
Central Administrative Tribunal - Ernakulam
Indian Kanoon - http://indiankanoon.org/doc/102072965/
Central Administrative Tribunal - Ernakulam
C.Gopalan, S/O Keeran vs Union Of India Represented By ... on 21 March, 2012
ERNAKULAM BENCH
O.A No. 1017/2011
http://indiankanoon.org/doc/102072965/
>>> Attachment of pension:
http://www.lawyersclubindia.com/experts/Attachment-of-pension-619436.asp
Rest your able counsel shall guide you further.
Approach a very able counsel.
Guest
(Expert) 16 October 2016
Freezing of account and attachment of pension are two different events. Moreover, the author has stated only about the order on freezing of account, not attachment of pension. So, to avoid any misinterpretation and confusion, the author is advised to give here an extract of the court order.
HOWEVER, IF HE FAILS TO QUOTE THE EXACT ORDER OF THE COURT THAT ITSELF WOULD PROVE HIS QUERY TO BE OF ACADEMIC NATURE, NOT A REAL PROBLEM.
Kumar Doab
(Expert) 16 October 2016
Looking into your post once again:
"My mother signed empty promissory note purpose taken 20,000/- last year. ........................But creditor send me notice 1,25,000/- rupees. "
Why notice was sent to you?
While promissory note was signed by mother!
"After 9 or 10 months court send me Decree notice"
Once again why so called Decree notice is sent to you?
While promissory note was signed by mother, as posted by you!
"This month 3rd court order frozen my mother family pension bank account. "
Your own counsel can help you in person, to understand your own matter and options, NOW.
Rajendra K Goyal
(Expert) 16 October 2016
May proceed as advised by the expert Kumar Doab.
Sudhir Kumar, Advocate
(Expert) 16 October 2016
Unless full facts are available it is difficult to agree or disagree if the decisions quoted by Mr Kumar Doab will help in this case.
Kumar Doab
(Expert) 17 October 2016
My heartfelt impression is that author shall be benefited.
Apparently Author has not consulted with a very able counsel so far.
Certainly Author needs to consult with a very able counsel and that too ASAP.
It is desirable that author that has posted query here should respond to the points raised during discussion.
KiranKumar
(Querist) 06 November 2016
This is 2nd month of my mother family pension account frozen(attached) by creditor. My mother suffered health problem. Court judgement long process and long time. Creditor doesn't agree compromising. How to move sir.
Rajendra K Goyal
(Expert) 06 November 2016
Only higher court can set aside / amend court orders and it seems the appeal time has lapsed.
Bank is helpless and have to follow court orders.
Author has not cared to post exact court orders.
There are possibilities that court has attached only the current balance in the account and not future deposits. Only court orders can reveal facts. Author should try to get copy of court orders from Bank through RTI.
Guest
(Expert) 06 November 2016
21 days back, I suggested you to open a fresh bank account, as pension account and intimate the change to the pension sanctioning authority for effecting change. YOU HAVE NOT RESPONDED ON THAT.
The same day (21 days before) I asked you to post the extract of the court order. YOU HAVE NOT RESPONDED ON THAT ALSO.
Without taking any action, you have not posted, "This is 2nd month of my mother family pension account frozen(attached) by creditor. My mother suffered health problem. Court judgement long process and long time. Creditor doesn't agree compromising. How to move sir.,"
Other experts have also advised you appropriately.
So, what is the use of making any further suggestion, when you don't try to act on the advice of the experts?
So, no further suggestion.
Kumar Doab
(Expert) 06 November 2016
You have posted that:
" Creditor doesn't agree compromising."
So all these days you were trying to compromise only.
Now you are sure that Creditor won't compromise.
All these days probably you have not attempted to act on advises forwarded to you.
Sudhir Kumar, Advocate
(Expert) 07 November 2016
querist is hiding so many facts and there can be no proper advise to him.
He appears to be creed the creed that who want to hear a reply of their choice and selectively introduce facts suitable to them. Such like persons are not interested in proper advise they just want soothing advise .
