DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __78_ _ OF ___2018
DATE OF FILING : 29.6.2018 DATE OF PASSING JUDGEMENT: 11.10.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker
COMPLAINANT : Dilip Das, son of late Atal Kishore Das, of Baruipur Rail Gate, P.O & P.S Baruipur, Dist. South 24-Parganas, Kolkata-144.
O.P/O.Ps : 1. The Branch Manager, Bangiya Gramin Bikash Bank, Khakurdaha Branch, P.O & P.S Joynagar, Dist. South 24-Parganas.
2. The Regional Manager, Bangiya Gramin Vikash Bank, 24 Parganas South Regional Office, at Snehadeep Apartment, Balia, Garia Station Road, P.O Garia, P.S Sonarpur, Kolkata – 84.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Alleging deficiency in service on the part of the O.Ps Bank in the matter of disbursement of the fixed deposit amount of his deceased brother in favour of the complainant, the complainant has filed the instant case under section 12 of the C.P Act, 1986, alleging deficiency in service on the part of the O.Ps.
The facts leading to the filing of the instant case by the complainant may be epitomized as follows.
One Sisir Kumar Das ,the deceased brother of the complainant, died on 13.5.2015. He had two Fixed Deposit accounts maintained with the O.P Bank. After demise of Sisir Kumar Das, the complainant along with his brother and sister has inherited the estate left by his deceased brother. A Succession Certificate is also filed by the complainant to prove that his brother and sisters had inherited the properties of their deceased brother Sisir Kumar Das. The O.P Bank did not allow the complainant to withdraw the Fixed Deposit amount from the account of his deceased brother inspite of requests several times. So, the complainant has filed the instant case, praying for issuing a direction upon the Bank to release the amount of fixed deposit accounts and to pay compensation etc. to him. Hence, the case.
The O.P Bank entered into appearance in the case ,but has not filed any written version of its statements. So, the case is heard exparte against him.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Is the case maintainable in Law?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Evidence on affidavit has been filed by the complainant and the same are kept in the record after consideration.
DECISION WITH REASONS
Point no.1 & 2 :
In the instant case, the O.P Bank has not filed any written version and, therefore, the case is heard exparte against it. The fact of the case being heard exparte does not imply that the complainant will inevitably get award herein. The burden of proof of the case rests upon the complainant and unless the complainant becomes able to discharge the burden of proof, there will be no award passed in favour of the complainant.
On perusal of the complaint and the materials on record it is found that there is want of cause of action for filing the instant case by the complainant. The allegation of the complainant is that he has not been allowed by the O.P Bank to withdraw the money from the fixed deposit account of his deceased brother. In the face of such allegation, the complainant will have to prove that there was a fixed deposit account in the name of his deceased brother ,maintained with the O.P Bank, that a certain amount was kept deposit in the said account and that the said money has been payable to him due to maturity of the said account. But nothing has been stated in these regards by the complainant in the petition of complaint.
The complainant has not filed the Certificates of Fixed Deposit account. He could have filed the Pass book of the said account before the Forum. There is no pleadings whatsoever in the complaint as to how much amount was kept in the fixed deposit account, nor is there any pleadings as to the period for which the fixed deposit was created. There is also no pleadings in the petition of complaint as to the date of maturity . No pleading is there as to on which date the fixed deposit account was opened by the deceased brother of the complainant. Even there is no mention of any fixed deposit account in the Succession Certificate issued in Misc. no. 129 of 2015 by Ld. District Delegate at Baruipur. It is the version of the complainant that the original fixed deposit certificates have been misplaced. Well, it may have mis-placed ,but in that case, the complainant could have obtained the particulars/information of those fixed deposit accounts having exercised his right under the Right to Information Act. No such attempt has been made on behalf of the complainant. In a Court of Law relief does not come ex-nihili at the mere drop of hat. Relief is granted to the litigant public upon establish facts. In the instant case, it appears that the complainant had no cause of action to file the instant case; he has made a blank fire, devoid of cause of action and for this reason the instant case deserves to be dismissed.
The version of the complainant ,as it goes in the petition of complaint filed by him, also appears to be self contradictory. In the petition of complaint, it is stated that the deceased brother of the complainant has left behind his heirs ,such as the brother and the sisters including the complainant. But the Succession Certificate lies in the name of the complainant alone. Why? Is it the fact that the complainant has procured the Succession Certificate by having suppressed the material facts. We cannot rule out this proposition and taking into consideration the fact of suppression as pointed out herein, we feel no difficulty to hold that the complainant has not come before the Forum with clean hands. He has some extraneous motive and for fructification of that motive he has filed the instant case. He is not entitled to get any relief in this case.
In the consequence, the case fails.
Hence,
ORDERED
That the complaint case be and the same is dismissed exparte against the complainant without any cost.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member
Dictated and corrected by me
President
