West Bengal

Paschim Midnapore

CC/138/2014

Srimatya Aditi Jana - Complainant(s)

Versus

Branch Manager, Indian Overseas Bank - Opp.Party(s)

24 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.138/2014                                                                                            Date of disposal: 24/04 /2015                               

 

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

       For the Complainant/Petitioner/Plaintiff : Mr, D. Ghosh , Advocate.

       For the Defendant/O.P.S.                         : Mr. A. Pal, Mr. S. Chakraborty & Mr. S.Parya,

                                                                            Advocate.                                   

          

    1)Srimatya Aditi Jana, W/o late Jayanta Kumar jana,  2) Sayantani jana, D/o Late Jayanta Kumar           

    jana ,Bidhannagar,P.O Midnapore,P.S Kotwali Dist. Paschim Medinipur…………..Complainant 

                                                           Vs.

1)Branch Manager, Indian Overseas Bank, Golkua Chak, Medinipur Town.

2)Branch Manager,  Indian Bank , Keranitola, Medinipur Town.

3)Senior Post Master, Midnapore Head Post Office, Midnapore Town,  P.O. Midnapore, P.S. Kotwali, Pin. 721101, Dist. Paschim Medinipur...……………Ops.

 

          Mrs. Debi Sengupta, Member.

 

          The case of the Complainant in short is that the Complainant filed one suceession certificate case being no. 16 of 2011 on 04/02/2011 before the Ld. District Delegate Court, Paschim Medinipur to get their legitimate share of the Schedule A, B and C below assests and deposit along with several other deposits with several Bank and Post office with a prayer to grant succession certificate in their favour for with drawl of the amount and its interest mentioned in the  Schedule A, B and C.

            That after hearing the both sides and taking evidence relying the original relevant documents filed by the Complainant the Ld. Court has been pleased to allow the prayer of the present Complainant and on 16/03/2012 and accordingly on 07/09/2012 Ld. Court has been pleased to issue succession certificate in respect of Schedule A, B and C assests and along with other assests in favour on this Complainant on furnishing bond of 3,06,000/- ( three lakh six thousand) only after necessary formalities.

Contd……..P/2

                                                                 - ( 2 ) -

The facts remains that the schedule property mentioned herein after stood in the name of hemanta

Kumar Jana, the father in law of Aditi Jana and grandfather of  Sayantani Jana the Complainant no.2. That Shila Jana was the wife of Hemantakumar Jana who died in April 1982. They have one son Jayanta Kumar Jana and one daughter Maheswata Jana.

            Jayanata Kumar jana died in 14/08/2002 leaving behind the present Complainants as his only legal heir.

Hemanta Kumar Jana had died on 14/08/2002 leaving the widow wife and only daughter of his predeceased son the present Complainant and his only daughter Mahesweta Maity and his sole body legal heirs and accordingly Mahesweta Maity become the joint co-owners of the schedule assests. So the present two Complainants interited the half share of the said property and Mahasweta Maity inherited the half of the said property.

             The after passing order and issuance of the succession certificate these Complainants meet the Op. no.1 and 2 and 3 and filed the same before them including all relevant documents alongwith the Schedule A B and C fixed deposit certificate with a request to disburse the said amount in the favour of the Complainant but the Ops did not pay the same.

            Finding no other way these Complainants filed written application along with all relevant papers before Op. no.1 ,2 and 3 on 27/03/2014 with a prayer to pay them the schedule A B and as per order of the Ld. Court but though received the  same  the Ops neither pay the amount and nor made any reply.  The complainants thereafter sent Lawyers notice on 3/9/2014 with a request to make payment of the Schedule A, B and C properties respectively to these complainants within 7 days from the date of receipt and this letter.  Inspite of receiving the notice the Ops refused to make payment of the schedule property to the complainants.

            The Ld. Advocate for the complainants states that the Ops intentionally and illegally drag the matter with fraudulent and dishonest intention knowing fully well that the Ld. Competent court has already passed the order to make payment of the scheduled property to the complainants.  Being bona fide consumer the complainants have filed the instant case.

            The Ld. Lawyer for the complainant submitted that the conduct of the Ops tantamounts to deficiency in service and prayed that the Ld. Court be directed to the Ops for payment of the schedule A, B & C assests and also prays for compensation and other reliefs or reliefs as the complainants have  suffered tremendous mental pain agony and financial loss.

            The Ops contested the case by filing written objection challengifng that the present complainants  complainant is not maintainable and the complainants have got no cause of action to file the present complaint case against the Ops and the OP No.1 and 3 prayed the rejection of the case with cost.

            Op No.2 in their reply arged that the OP No.2 has already made all payments and assests

Contd……..P/3

  

 

- ( 3 ) -

 

that the instant complainant is vexatious and frivolous OP No.2 has no latches on their part and OP No.1 has paid the money as per succession certificate after production of succession certificate.

            The Ld. Advocate for the OP No.2 prayed for dismissed of the case against OP No.2 for want of cause of action.

            Upon the case of the parties the following issues are framed.

1)Whether the case is maintainable in its present form?

2)Whether the complainants has any cause of action for seeking relief as prayed for?

3)Whether there is deficiency of service?

Decision with reasons

            Issues: 1 to 3

            All the issues are taken up for discussion.  Ld. Advocate made his arguments for the complainant that the complainants filed one succession certificate before the Ld. District Delegate Court, Paschim Medinipur to get their legitimate share of the Schedule A, B & C properly along with several other deposits for withdrawal of the amount and its interest as mentioned in the A, B & C schedule lying with the.  A, B & C Bank in the name of Late Hemanta Kumar Jana.  That after hearing both sides and taking evidence of the present complainants and upon perusing and relying the original relevant documents filed by these complainants has been pleased to issue succession

certificates in respect of Schedule A, B, & C asserts along with other asserts in favour of these complainants on furnishing bond of Rs. 3,06,000/- ( three lakh six thousand) only after necessary formalities are complied with.  In the order dated 20/04/2012 the Op of the succession case prayed for issuance of separate succession certificate for half of the debits and securities by paying proportionate stamp duly where as the Ld. District Judge ordered that there is no impediments in issuance of separate succession Certificate to avoid complicity Succession Certificate be issued to the OP and petitioner on payment of stamp duty.  Although the complainants filed the Succession Certificate alongwith all relevant papers but the  Banks and Post Office did not pay any heed to it inspite of order of the Ld. Court and there by flouting the order of the Ld. Court.

            That from the above it is clearly evident that the Ops are in deficiency of service for which the complainants have suffered tremendous mental pain, agony and financial loss.

            The case is maintainable in its present form.  The Ld. District Delegate Court has been pleased to pass order in favour of the complainants on 16/03/2012 that the complainant is entitled to get half share of the scheduled asserts.

            Knowing fully well as regard to the order of the Ld. District delegate the Ops are avoiding the payment according to the order of the Ld. Court.  The Ops are depriving the complainant. 

Contd……..P/4

  

 

- ( 4 ) -

Thus, the Forum has passed necessary order the claim of the complainants with litigation cost alongwith the compensation.  We have carefully considered the case of both parties including their documentary evidence.  It is not a fact that the complainant has got no concern with the Op-Bank.  It is also not a fact that there is no scope for the Op-Bank for providing any service to the complainants.  The complainants are the bonafide consumer and the conduct of the Op-Banks tantamount to deficiency in service. 

                        Hence

                                    It is Ordered

                                                            that the case succeeds on contest against the Ops. Op. no.1 is directed to make payment of the Scheduled-A amount i.e. Rs.1,84,865.50/- (One lakh eighty four thousand eight hundred sixty five and fifty paise) only along with upto date interests in favour of the complainants ½ share each.

            Op. No.2 directed to make payment of the Schedule-B amount i.e. Rs.1,88,115/- (One lakh eighty eight thousand one hundred fifteen) only alongwith up to date interests in favour of the complainants ½ share each.

            Op. No.3 be directed to pay Rs.15,000/- (Fifteen thousand) only in favour of the complainants ½ share each.  Ops each are also directed to pay Rs.5,000/- (Five thousand) only as litigation cost to the complainants.

            The award shall be paid within 30 (thirty) days from the date of this order otherwise the complainants shall at liberty to move the matter before the higher court.  Contesting parties be supplied with copy of the Judgment free of cost.

           

          

Dic. & Corrected by me

             

   Member                                    Member                                                President

                                                                                                              District Forum

                                                                                                          Paschim Medinipur.