Order by:
Sh.Amrinder Singh Sidhu, President.
1. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (as amended upto date) on the allegations that Ajaib Singh son of Kartar Singh resident of village; Talwandi Mallian, District Moga is the brother of the complainant. Further alleges that said Ajaib Singh was wifeless and issueless and his wife had already expired. Said Ajaib Singh has since expired on 02.06.2019 and during his life time, said Ajaib Singh was residing with complainant and the complainant always looked after said Ajaib Singh with meal, clothes, medicines etc. It is pertinent to mention over here that an agreement was also executed on 13.03.2019 in which it is clearly mentioned that complainant Pal Kaur will look after Ajaib Singh and after his death, the complainant Pal kaur will be entitled to the inheritance of Ajaib Singh. Further alleges that said Ajaib Singh was having Saving bank account No. 37673064205 with Opposite Party bank and in this account, said Ajaib Singh had deposited Rs.1,00,000/- on 14.03.2019 and Rs.50,000/- on 15.03.2019 and in this regard, the complainant was nominee. After the death of Ajaib Singh, the complainant being his nominee, visited the Opposite Party bank to withdraw the deposited amount of Ajaib Singh in his account, but the Opposite Party bank refused and hence, there is deficiency in service on the part of the Opposite Party-Bank. Vide instant complaint, the complainant has sought the following reliefs.
a) To direct the Opposite Party-Bank to make the payment of Rs.1,50,000/- alongwith interest to the complainant being the nominee of deceased Ajaib Singh and also to pay Rs.20,000/- as compensation for causing mental tension, harassment and deficient service.
Hence, the present complaint is filed by the Complainant for the redressal of his grievances.
2. Opposite Party-Bank appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the complaint is not maintainable; that the complainant has got no locus standi to file the present complaint; that the complaint is absolutely false and frivolous. The complainant has concealed the material facts from this District Consumer Commission. Actual facts are that Ajaib Singh son of Kartar Singh resident of Village: Talwandi Mallian, District Moga was holder of Saving Bank account No.37673064205 with Opposite Party bank and said Ajaib Singh has nominated his brother namely Gurdev Singh in regard to the said account and it is wrong that the complainant is nominee in regard to said account and thus, the complainant is not entitled to receive any amount from the Opposite Party bank. On merits, it is submitted that it is admitted that Ajaib Singh had deposited Rs.1,50,000/- in his account, but the complainant is not entitled to receive any amount as she is not nominee in the said account and as such, there is no deficiency in service on the part of the Opposite Party bank. Opposite Party bank took up the same and similar pleas as taken up by them in the preliminary objections and hence, it is prayed that the complaint of the complainant is liable to be dismissed against Opposite Party.
3. In order to prove her case, the complainant has tendered into evidence her affidavit Ex.C1, copy of aadhar card Ex.C2, copy of pass book in the name of Ajaib Singh Ex.C3, copy of nomination form Ex.C4, copy of payment receipt Ex.C5, Ex.C6, copy of death certificate of Ajaib Singh Ex.C7, copy of agreement Ex.C8, copy of aadhar card of Ajaib Singh Ex.C9 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, Opposite Party also tendered into evidence affidavit of Sh.Surinder Mohan Branch Manager Ex.OP1 alongwith copies of documents i.e. copy of account opening form Ex.OP2, copy of statement of account Ex.OP3 and closed the evidence on behalf of Opposite Party.
5. We have heard the complainant and d.counsel for Opposite Party and also gone through the documents placed on record.
6. The complainant has mainly reiterated the facts as narrated in the complaint and contended that Ajaib Singh son of Kartar Singh resident of village; Talwandi Mallian, District Moga is the brother of the complainant. Further contended that said Ajaib Singh was wifeless and issueless and his wife had already expired. Said Ajaib Singh has since expired on 02.06.2019 and during his life time, said Ajaib Singh with residing with complainant and the complainant always looked after said Ajaib Singh with meal, clothes, medicines etc. In this regard, an agreement was also executed on 13.03.2019 in which it is clearly mentioned that complainant Pal Kaur will look after Ajaib Singh and after his death, the complainant Pal kaur will be entitled to the inheritance of Ajaib Singh. Further alleges that said Ajaib Singh was having Saving bank account No. 37673064205 with Opposite Party bank and in this account, said Ajaib Singh had deposited Rs.1,00,000/- on 14.03.2019 and Rs.50,000/- on 15.03.2019 and in this regard, the complainant was nominee. After the death of Ajaib Singh, the complainant being his nominee, visited the Opposite Party bank to withdraw the deposited amount of Ajaib Singh in his account, but the Opposite Party bank refused and hence, there is deficiency in service on the part of the Opposite Party-Bank.
7. On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contention of the complainant and contended that complainant has concealed the material facts from this District Consumer Commission. Actual facts are that Ajaib Singh son of Kartar Singh resident of Village: Talwandi Mallian, District Moga was holder of Saving Bank account No.37673064205 with Opposite Party bank and said Ajaib Singh has nominated his brother namely Gurdev Singh in regard to the said account and it is wrong that the complainant is nominee in regard to said account and thus, the complainant is not entitled to receive any amount from the Opposite Party bank. On merits, it is submitted that it is admitted that Ajaib Singh had deposited Rs.1,50,000/- in his account, but the complainant is not entitled to receive any amount as she is not nominee in the said account and as such, there is no deficiency in service on the part of the Opposite Party bank.
8. The main contention of the complainant is that she is nominee in the saving bank account No.37673064205 of Ajaib Singh (now deceased) with Opposite Party bank, but bare perusal of the Account Opening Form produced by the Opposite Party bank on record as OP2 shows that in the nomination column, said Ajaib Singh, account holder has nominated Jagdev Singh resident of Village: Talwandi Mallian, District Moga and not to the complainant Pal Kaur and as such, the complainant can not claim the deposited amount of deceased Ajaib Singh after his death, in the bank of Opposite Party as she has failed to prove that she ever remained nominee of Ajaib Singh, account holder and we are of the view that there is no deficiency in service on the part of the Opposite Party bank.
9. Keeping in view the aforesaid facts and circumstances of the case, the instant complaint is not maintainable in this District Consumer Commission for its proper adjudication and the same stands dismissed. However, the complainant can get redressal of her grievance from the Civil Court/ or any other competent authority, in accordance with law, for which the time spent before this District Commission shall stand excluded under Section 14 of the Limitation Act in the light of the judgment of the Hon'ble Supreme Court in case titled 'Lakshmi Engineering Works vs PSG Industrial Institute reported in 1995(3) SCC 583'. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
10. Reason for delay in deciding the complaint.
This complaint could not be decided within the prescribed period because the State Government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.
Announced in Open Commission.
Dated:29.03.2022.
