West Bengal

Birbhum

CC/27/2023

Anirban Sen - Complainant(s)

Versus

Branch Manager, State Bank of India, Sainthia Branch - Opp.Party(s)

Sanjit Kr. Acharya

12 Oct 2023

ORDER

Smt. Saswati Saha- Member.

            The complainant has filed this petition of complaint Under Section 35 of the Consumer Protection Act, 2019.

            The fact of this case in brief is that, the complainant is the resident of Sainthia Muradihi Colony Opposite to Fire Station, P.O. and P.S.- Sainthia, Dist.- Birbhum, West Bengal within the jurisdiction of this District Commission.

            That the complainant has a savings bank  account jointly with his wife Barnali Sen (since deceased) being Account No. 33203737268, EOP either or survivor and as such the complainant is consumer under the OP Bank and the OP is the service provider of the complainant.

            That the complainant and  his wife Barnali Sen (since deceased) took a locker from the OP Bank, being locker No. 387 under that aforementioned SB - Account and it was operated by the complainant on 07/10/2016 and 08/03/2016.

            That the complainant had been to the OP bank to operate his aforementioned locker but the bank authority did not permit him to operate the locker without KYC.

            That the wife of complainant died on 17/09/2017 at Viveknanda Hospital, Durgapur, Paschim Bardhaman and due to unnatural death of complainant’s wife a post mortem was done of her dead body.

            That the complainant could not collect the death certificate of his wife as the discharge certificate of the hospital, certificate from the burning ghat etc. are in the custody of the parents of his dead wife, Barnali Sen.

            That the complainant produced the post mortem report of his wife to the OP Bank. But the bank authority refused to give permission to the complainant to operate the lockers without the death certificate of his wife, on several times and lastly on 03/01/2023.

            That the complainant stated that being the survivor account holder of the aforementioned SB Account he is the sole authority to operate the lockers and the documents wife has been submitted in respect of  the death of his wife Barnali Sen is sufficient and the OP bank is liable to permit him to do so.

            That the aforesaid act of the OP is amounting to deficiency in service and as such finding no other alternative the complainant files the instant case praying following relief or reliefs:

1. To pass an order directing the OP to give permission to operate the SB Account No. 33203737268 by the complainant exclusively.
2. To pass an order directing the OP to permit the complainant to operate the locker being No. 387 lying in State Bank of India, Sainthia Branch, P.O. + P.S.- Sainthia, Dist.-Birbhum.
3. To pass an order directing the OP to pay a sum of Rs. 1,00,000/- as compensation for harassment and mental agony.
4. To pass an order directing the OP to pay Rs. 10,000/- as litigation cost.
5.  Other relief/reliefs.

That the cause of action of this case arose on and from 17/09/2017 and lastly on 03/01/2023.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 1986?
4. Is there any deficiency of service on the part of the OP members?
5. Is the complainant entitled to get the relief as prayed for?
6. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

The complainant, Anirban Sen, S/O. Durgadas Sen is a parmament resident of Sainthia Muradihi Colony Opposite to Fire Station, P.O. and P.S.- Sainthia, Dist.- Birbhum, West Bengal within the jurisdiction of this District Commission.

The OP/SBI is service provider providing services at its branch of Sainthia. The complainant being a customer of the OP Bank having  a  SB-Account (No. 33203737268) and a Locker( No.-387) with that account jointly with his wife who is presently dead.

This case runs exparty against the OP-State Bank of India, Sainthia Branch by the order No. 5, dated 16/05/2023.

The OP Bank demanded KYC from the complainant to permit him operating the said locker after the death of his wife, Barnali Sen, as stated by the complainant.

The complainant was unable to provide the death certificate of his wife who is the joint holder of the said locker. So the OP Bank did not permit the complainant to operate the locker without a complete KYC.

KYC means Know Your Customer and KYC check is the mandatory process of identifying and verifying the client’s identity when opening an account and periodically over time by any bank.

RBI had issued the KYC guidelines Under Section 35(A) of the Banking Regulation Act, 1949.

So this Commission is not finding any deficiency in service on part of the OP bank.

It is to be mentioned that according to the Final Report prepared by the investigating officer, Brajendranath Maity of Sainthia Police  Station, the complainant, Anirban Sen is accused under section-498(A)/306/34 of IPC for the unnatural death of his wife Barnali Sen. This case is now sub-judice before the Ld. Court of Chief Judicial Magistrate, Suri Birbhum.Thus this Commission cannot allow the prayer of the complainant

Hence, in view of the Commission the complainant could not be able to prove his case beyond reasonable doubt in exparte and is not entitled to get any relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

        that the instant C.C. Case No. 27/2023 be and same is dismissed on

exparte without any cost.

Let a copy of this order be given/handed over to the parties to this case free of cost.