PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 211/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sanjeeb Kumar Pradhan,

S/O- Late Madhaba Chandra Pradhan,

R/O- Modipada, Near Jagannath Temple,

PO-Modipada, Pin-768004.

PS/Dist-Sambalpur, Odisha.                                             ………........Complainant

-Vrs.-

1. The Manager, Bank of India,

Kalibari Branch, V.S.S. Marg, Sambalpur-768001.

2. Bank of India, Odisha Zonal Office,

11-D, Jaidev Bihar,

Bhubaneswar, Odisha-751013.                               .....................Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. A.K. Mishra, Adv.
2. For the O.P.s                       :- Sri D.Pradhan & Associates

Date of Filing:24.11.2023,  Date of Hearing :13.02.2024,  Date of Judgement : 09.04.2024

  Presented by Sri. Sadananda Tripathy, MEMBER

1. The case of the Complainant is that the Complainant’s father Late Madhaba Chandra Pradhan opened a Saving Account in the Bank of India of the OP No. 1. As the Complainant’s father was working in the State Government and after the retirement, the pension of the Complainant father was credited in the said Bank. The Complainant is the nominee of the said Account. The father of the Complainant died on 07.12.2022. After the death of the Complainant’s father, the Complainant submitted the relevant documents including the death certificate in the office of the District Treasury for the processing of family pension in the name of his mother. After obtaining the official procedure, the District Treasury office sanctioned the family pension in the name of his mother namely Nayami Pradhan and the same was credited in the Account of the Nayami Pradhan. After the family pension was credited in the name of his mother, the Complainant went to the OP Bank and requested for closing the account of his father and requested for credited the amount in his name as he is the nominee of his father’s account, but instead of closing the account and crediting the balance amount, the OP harassed the Complainant and despite of several request, the OP neither closed the account of the Complainant’s father nor credited the rest amount of Rs. 45, 406.30 in the account of the Complainant. Hence this case. 
2. The Written Statement of the O.P is that the Complainant has never visited nor filed any application for closing of the Account of his father at the Bank of India nor this OP has harassed the Complainant despite several request.  There is no written application of the Complainant for closing the account of his father. After receiving the notice from the Hon’ble Commission this OP has started initiating the process of closing the account of the father of the Complainant and contacted through Mobile phone many a times, but there is no satisfactory reply from the side of the Complainant. On dtd. 4.12.2023 this OP sent one letter with Speed Post requesting the Complainant to submit the settlement application to the Branch through offline or online mode so that this OP can proceed the settlement as soon as possible but the Complainant refused to receive the same. This Complainant has not come to this commission with a clean hand and the complaint case has been filed with an ulterior motive to grab money from the OP.
3.  After perusal of the submission of both the parties and records available it is found that inspite of requesting for closing the account of his father, the OP had not credited the rest amount of Rs. 45, 406.30 in the account of the Complainant. The O.P. failed to file any document to show that for the settlement of the deceased account which documents are required. Only after receipt of the Commission letter the O.P. issued letter dated 04.12.2023. Mother’s pension account was settled and the O.P. contended that the Complainant not approached at any time, it sounds not good. To patch up the lacuna the O.P. issued letter dated 04.12.2023. Non-settlement of account of the deceased in the name of nominee amounts to deficiency in service on the part of O.P. and harassment to the Complainant.

Accordingly the Complaint is allowed on contest. The O.Ps are directed to pay Rs. 45, 406.30 with 9% interest to the Complainant from the date of on 7.12.2022, Rs. 30,000/- towards deficiency in service, mental agony and suffering as compensation to the Complainant and Rs. 10,000/- towards litigation expenses to the Complainant within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 9^th day of April, 2024.

Free copies of this order to the parties are supplied.