Tamil Nadu

South Chennai

145/2011

Mrs.Laalitha Venkateswaran - Complainant(s)

Versus

Bank of Maharashtra - Opp.Party(s)

K.Ganesan

20 Aug 2018

ORDER

                                                                                                                                                                              Date of Filing  : 08.06.2011

                                                                                                                                                                               Date of Order : 20.08.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                   : MEMBER-I

 

C.C. No.145 /2011

DATED THIS MONDAY THE 20^TH DAY OF AUGUST 2018

                                 

Mrs. Laalitha Venkateswaran,

No.14/17, Lotus Apartments,

Circular Road, United India Colony,

Kodambakkam,

Chennai – 600 024.                                                                                                                      .. Complainant.                                             

                                                                                                                                                        ..Versus..

 

1. Bank of  Maharashtra,

The Senior Branch Manager,

Near Pondy Bazaar Post Office,

T. Nagar,

Chennai – 600 017.

 

2. Bank of Maharasthra,

Head Office,

Represented by its Managing Director,

Lokmangal,

No.1501, Shivaji Nagar,

Pune – 411 005.                                                                                                                           ..  Opposite parties.

           

Counsel for complainant           :  M/s. K. Ganesan

Counsel for opposite parties    :  M/s. S. Soundararajan & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay the fixed deposit amount of Rs.20,000/- together with interest at the rate of 10% p.a. from 31.12.2008 to till date, to pay a sum of Rs.1,00,000/- towards compensation for mental agony, physical strain, stress, sufferings deficiency in service with cost to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that the 2^nd opposite party introduced a scheme in the name and style of Minor’s Savings Bank Account with attractive salient features.   Accordingly, the operation of the account of the minor who being less than 18 years old is given no right to withdraw amount till attaining majority.   Further the complainant submits that during the year 2008, the complainant opened a Minor’s Savings Bank Account with the 1^st opposite party in the name of her son G. Harinarayanan whose date of birth is 14.07.1995 represented by his Guardian after submitting the age proof etc.   Further the complainant submits that on 31.12.2008, the complainant has deposited a sum of Rs.20,000/- in the name of Master. G. Harinarayanan (Minor) represented by the complainant herein as the Guardian for a period of two years commencing from 31.12.2008 to 31.12.2010.   Further the complainant submits that she noticed that the bank pass book and the Fixed Deposit Receipt were found to be missing and lost and the same were not traceable.  The complainant approached the 1^st opposite party on 28.09.2010 to provide duplicate pass book and duplicate receipt.  But the 1^st opposite party issued duplicate bank passbook and refused to issue duplicate Fixed Deposit Receipt.   On 31.08.2009, the complainant had the shock news from the officials of the 1^st opposite party that the Fixed Deposit amount of Rs.20,000/- has been withdrawn.  The complainant further states that the 2 signatures in the Original Fixed Deposit Receipt and the withdrawal slips vary and differ from each other.   The Savings Bank Account opening form showing the signature of G. Harinarayanan as operator.  Another one Savings Bank account opening Form dated:14.07.2008 having the photo of G. Harinarayanan showing Mr. Harinarayanan and Lalitha Venkateswaran.  Another letter customer Information Form for individuals dated:31.12.2008 showing the name Lalitha Venkateswaran, Husband of A. Shankar with a signature of Lalitha Venkateswaran.

2.     Further the complainant submits that since the opposite parties has not responded and refused to issue duplicate Fixed Deposit Receipt and told that the amount has been withdrawn from the 1^st opposite party’s Bank she sent a letter dated:07.10.2010 for which, the 1^st opposite party sent a reply dated:09.10.2010. Thereafter, the complainant issued another letter dated:18.10.2010 and legal notice dated:02.11.2010.  The 1^st opposite party sent a reply dated:18.11.2010 with false allegations that the Minor can operate their own account.    The alleged Fixed Deposit is not in the name of minor alone but in the joint name and was disbursed as early as 31.08.2009 and the closure proceeds were credited in the Savings Bank account and was withdrawn by withdrawal slip.  The minor’s name G. Harinarayanan in the Saving Bank account opening Form showing the photo and his signature shows G. Harinarayan in the withdrawal slip and the writings of the signature and the signature in the Fixed Deposit Bank account opening form are differs.  Equally, the Fixed Deposit Receipt without affixing revenue stamp the signature of Harinarayanan and Lalitha Venkateswaran alone is there.  But nowhere except on the backside of the Fixed Deposit Receipt, the minor and the complainant affixed their signatures as Harinaranyan and Lalitha Venkateswaran proves the deficiency in foreclosing the minors Fixed Deposit.  Further the contention of the complainant is that once the deposit is made in the name of minor, it cannot be foreclosed on the request of the guardian or the minor without valid reason and demand and only after careful perusal of the entire records related to the signature, photo, identity etc which affects the minor from valid rights.  The act of the opposite parties caused great mental agony to the complainant.   Hence the complaint is filed.

3.     The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.  The opposite parties state that the complainant opened a Savings Bank account as well as Fixed Deposit of Rs.20,000/-.   Minors can open accounts in the bank and they can operate the account by themselves.    Further the opposite parties state that the impugned Fixed Deposit No.60021519876 dated:31.12.2008 stood jointly in the name of  G. Harinarayanan and S. Lalitha Venkateswaran with operational instructions “either or survivor”.   Further the opposite parties state that the allegation of the complainant is that she noticed that the bank passbook and Fixed Deposit Receipt were found to be missing and not traceable.  But the complainant has not chosen to lodge any police complaint.  Further on 31.08.2009, the said Harinarayan brought the original FDR to the 1^st opposite party’s office for foreclosing the FDR and accordingly, the 1^st opposite party closed the FDR and credited the proceeds in the SB account of the said Harinarayanan bearing No.60012092951, who on the same day, withdrawn a sum of Rs.20,000/- by submitting a withdrawal slip.    It is further reiterated that the opposite party complied with the prevailing banking guidelines like, cash should not be paid directly to the person surrendering the FDR, by crediting the SB account of one of the joint deposit holders to a duly maintained SB account and withdrawals were permitted only by withdrawal slips.  Therefore, there is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

4.   To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite parties filed and documents filed Ex.B1 is marked on the side of the opposite parties.  The Original Application Form submitted by  the complainant is marked as Ex.C1 Series.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of the Fixed Deposit amount of Rs.20,000/- with interest at the rate of 10% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost as prayed for?

6.      On point:-

Heard both sides.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that the 2^nd opposite party introduced a scheme in the name and style of Minor’s Savings Bank Account with attractive salient features.  Accordingly, the operation of the account of the minor who being less than 18 years old is given no right to withdraw amount till attaining majority.  Further the complainant contended that during the year 2008, the complainant opened a Minor’s Savings Bank Account with the 1^st opposite party in the name of her son G. Harinarayanan whose date of birth is 14.07.1995 represented by his Guardian the complainant after submitting the age proof etc.   Further the complainant contended that on 31.12.2008, the complainant has deposited a sum of Rs.20,000/- in the name of Master. G. Hari Narayanan (Minor) represented by the complainant herein as the Guardian for a period of two years commencing from 31.12.2008 to 31.12.2010.  Further the complainant contended that she noticed that the bank pass book and the Fixed Deposit Receipt were found to be missing and lost and the same were not traceable.  The complainant approached the 1^st opposite party on 28.09.2010 to provide duplicate pass book and duplicate receipt.  But the 1^st opposite party issued duplicate bank passbook Ex.A2 and refused to issue duplicate Fixed Deposit Receipt.   On 31.08.2009, the complainant had the shock news from the officials of the 1^st opposite party that the Fixed Deposit amount of Rs.20,000/- has been withdrawn.  The contention of the complainant is that the 2 signatures in the Original Fixed Deposit Receipt and the withdrawal slips vary and differ from each other.  But on a careful perusal of records, it is seen that as per the order in CMP No.66/2012 some documents were called for and marked as Ex.C1 series in which, the Original Fixed Deposit Receipt shows Mr. Harinarayanan, Mrs. Lalitha Venkateswaran deposit of Rs.20,000/- on 31.12.2008 for three year i.e. due date 31.12.2011 Maturity value Rs.26,898/-.  The Savings Bank account opening form showing the signature of G. Harinaranayanan as operator.  Another one Savings Bank account opening Form dated:14.07.2008 having the photo of G. Harinarayanan and Lalitha Venkateswaran.  Another letter customer Information Form for individuals dated:31.12.2008 showing the name Lalitha Venkateswaran, Husband of A. Shankar with a signature of Lalitha Venkateswaran.  Another one term Deposit opening account Form dated:31.12.2008 shows the deposit amount of Rs.20,000/- showing the name Harinarayanan Guardian as Lalitha Venkateswaran because in the instruction:

In the one Term Deposit opening Form it is stated as follows:

“Name of the Applicant for Joint Holders (Block letters)

(Please leave one space blank after each word”

“In case of Minor’s account, please write parents / legal guardian’s name below the Minor’s name” proves that the complainant made Fixed Deposit for Rs.20,000/- in the name of her minor ward Hari Narayanan on 31.12.2008 for 3 years i.e. Maturity date on 31.12.2011.   Further the complainant contended that since the opposite parties has not responded and refused to issue duplicate Fixed Deposit Receipt and told that the amount has been withdrawn from the 1^st opposite party’s Bank sent a letter dated:07.10.2010 for which, the 1^st opposite party sent a reply dated:09.10.2010 as per  Ex.A4.  Thereafter, the complainant issued another letter dated:18.10.2010 as per Ex.A5 and legal notice dated:02.11.2010 as per Ex.A7.  The 1^st opposite party sent a reply dated:18.11.2010 as per Ex.A8 with false allegations that the Minor can operate their own account the alleged Fixed Deposit is not in the name of minor alone but in the joint name and was disbursed as early as 31.08.2009 and the closure proceeds were credited in the Savings Bank account and was withdrawn by withdrawal slip  as per Ex.C1 series.   But on a careful perusal of the signature in the withdrawal slip in Ex.C1 series and the signature in the account opening form totally differ.  The minor’s name G. Harinarayanan in the Saving Bank account opening Form showing the photo and his signature shows G. Harinarayan in the withdrawl slip and the writings of the signature and the signature in the Fixed Deposit Bank account opening form differs.  Equally, the Fixed Deposit Receipt without affixing revenue stamp the signature of Harinarayanan and Lalitha Venkateswaran alone is there.  But nowhere except on the backside of the Fixed Deposit Receipt, the minor and the complainant affixed their signatures as Harinaranyan and Lalitha Venkateswaran proves the deficiency in foreclosing the minors Fixed Deposit.  Further the contention of the complainant is that once the deposit made in the name of minor, it cannot be foreclosed on the request of the guardian or the minor without valid reason and demand and only after careful perusal of the entire records related to the signature, photo, identity etc which affects the minor from valid rights. 

8.     The learned counsel for the opposite parties would contend that admittedly, the opposite party opened a Savings Bank account as well as Fixed Deposit of Rs.20,000/-.  The salient features of the Small Savings Scheme related to the minors are admitted.  Minors can open accounts in the bank and they can operate the account by themselves.  But on a careful perusal of Ex.C1, series i.e., the Application Form for opening Term Deposit Account is very clear that in the case of minor, the guardian’s name shall be stated below.  Hence the contention of the opposite party that the impugned Fixed Deposit No.60021519876 dated:31.12.2008 stood jointly in the name of  G. Harinarayanan and S. Lalitha Venkateswaran with operational instructions “either or survivor” is not acceptable because on a careful perusal of the application for Fixed Deposit, it is very clear that the Fixed Deposit was made in the name of minor represented by his guardian S. Lalitha Venkateswaran with an instruction of either or survivor proves the falsity and deficiency in service of opposite parties.  In the Application Form, it is specifically noted as follows:-

“Name of the Applicant for Joint Holders (Block letters)

(Please leave one space blank after each word”

“In case of Minor’s account, please write parents / legal guardian’s name below the Minor’s name”.

9.     Further the contention of the opposite parties is that the allegation of missing of bank passbook and Fixed Deposit Receipt were found missing and not traceable cannot be accepted because the complainant has not chosen to lodge any police complaint.  But admittedly, the opposite party issued duplicate passbook and refused to issue duplicate Fixed Deposit Receipts since the Fixed Deposit Receipt was foreclosed on 31.08.2009 by the said Hari Narayanan on production of Original Fixed Deposit Receipt.  But on a careful perusal of the Original Fixed Deposit Receipt the signature affixed without any Revenue Stamp as G. Harinarayan  and Lalitha Venkateswaran proves that somebody has affixed the signature (No initial) which has not been proved properly and verified by the opposite parties establishes the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay the maturity value of the Fixed Deposit Receipt of Rs.26,898/- with interest at the rate of 9% p.a. from the date of Maturity i.e. on 31.12.2011 to till date of this order with a compensation of Rs.30,000/- and cost of Rs.10,000/-.

  In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.26,898/- (Rupees Twenty six thousand eight hundred and ninety eight only) being the maturity value of the Fixed Deposit Receipt with interest at the rate of 9% p.a. from the date of maturity i.e. 31.12.2011 to till the date of this order and to pay a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	15.06.2010	Copy of T.C issued to Mr. Hari Narayanan
Ex.A2		Duplicate copy of pass book bearing Account No.60012042951 issued by the opposite party
Ex.A3	07.10.2010	Copy of Regd. Letter issued by the complainant to the opposite party
Ex.A4	09.10.2010	Copy of letter by the opposite party to the complainant
Ex.A5	18.10.2010	Copy of letter by the complainant to the opposite party Manager
Ex.A6	30.10.2010	Copy of letter by the opposite party to the complainant
Ex.A7	02. 11.2010	Copy of legal notice issued by the Counsel for  complainant
Ex.A8	18.11.2010	Copy of Rejoinder by the Advocate of the opposite party

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1

31.12.2009

Copy of joint Account

 

COURT EXHIBITS:-

Ex.C1 Series

The Original Application Form submitted by  the complainant

 

                                                         

MEMBER –I                                                                                                                                                                               PRESIDENT