DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -oo0oo-

C.C.CASE NO. 254/ 2021

Mitali Patra, aged about  29 years,

W/o – Late  Deepak Kumar Jena, R/O- A-203, Kiss Road,

Ethics Ambience, Daruthenga,  Bhubaneswar – 751024

….     Complainant             

-Vrs.-

1. Managing Director, State Bank of India, State Bank Bhavan,

IVth Floor, Nariman Point, Mumbai- 400 021.

2. Chief  Manager,  SBI SME Branch, Okhla Industrial Estate,

Plot Number : 233, Okhla Phase – III, New Delhi – 110020

….     Opp. Parties 

For the complainant      :         Mr.S.K.Panda (Adv.)

For the O.Ps                            :         Mr.A.B.Majhi  & Associates  (Adv.)

DATE OF FILING         :         11/11/2021

DATE OF ORDER        :         26/04/2023

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 35 of the C.P.Act, 2019.

2.       The complainant’s case in brief is that,  she is the wife of deceased, Deepak Kumar Jena, who had Saving Bank Account  bearing No.33744270240 and  PPF Account bearing No.33826679759 at S.B.I., SME branch , Okhla Industrial Estate.  Pitambar Jena who is the father of the deceased was the nominee in the said accounts. As the nominee is too old and has been suffering from several ailments, he is physically unable to move. Therefore, the nominee authorized the complainant Mitali Patra to operate all the financial,  official & property matters on his behalf. In this backdrop,  the complainant requested the bank authority to release the amount standing in the deceased account in her favour. But her claim was refused on the ground that she being not the nominee of the deceased,  is not  entitled to get the amount.   Hence this complaint.

3.       On the other hand,  the  OPs   filed written version stating therein that, the complainant has no locu-standi to file this complaint. When Pitambar Jena is the nominee in the said accounts, bank is under obligation to pay the amount to the nominee and to get discharged  from the liability. However,  it is further pleaded by the OPs that, the complainant did not file the original documents for scrutiny for which the bank is unable to comply with the request of the complainant. As there is no merit in the complaint case, the same is liable to be dismissed.  

4        Perused the materials on record. No doubt,  Deepak Kumar Jena who is  the original account holder, is dead. Pitambar Jena, who is the father of the account holder, is the nominee in the said account. As per banking rules, the banker is  discharged  from liability by making payment to the nominee in the deceased account.  True it is the nominee is only entitled to get the amount in the deceased account but  he holds that amount in trust for the original claimant.  In this case, the wife and the son of the deceased are the only legal heirs. The nominee has sworn in the affidavit to the effect that, Mitali Patra will sign and operate all the financial / official . property matters for which he has no objection.  If this be so, then certainly the Bank should  do well to release the amount lying in the deceased account in favour of the legal heirs of the deceased. Therefore,  to our mind, the complaint   bears merit.  Hence it is ordered.

ORDER

The complaint is  allowed  on contest against the OPs.  The OPs are    directed to release / pay  the  amount  standing in the Saving Bank Account bearing No.33744270240 and  PPF Account bearing No.33826679759  in favour the legal heirs of the deceased  Deepak Kumar Jena,  on production of legal heir certificate, affidavit sworn by the nominee to the effect that, he has no objection if the amount  is so released in favour of the legal heirs of the deceased Deepak Kumar Jena and on production of indemnity bond to indemnify  the bank in the event of any dispute that may arise in future relating to the said accounts. In view of the peculiar circumstances of the case, no compensation for mental agony and no cost for litigation is awarded  against the OPs. The order be complied with by the OPs  jointly & severally  within a period of  thirty days from the date of   production of the  documents as mentioned above by the complainant with the OPs Bank,   failing which the complainant will be  at liberty to execute the order  against the OPs   in accordance with law.

The order is pronounced on this day the  26^th  April,  2023  under the seal & signature of the President and Member (W) of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                                                                                                 

Transcribed by Smt. M.Kanungo, Sr.Steno