SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-disbursement of deposited amount on Saving Bank Account on the event of death of Complainant’s husband the Account holder are the allegations arrayed against Ops.
2. Complaint in nutshell reveals that, Complainant’s husband namely Kishore Chandra Rath opened a S/B Account on UCO Bank, Thakurpatna, Kendrapara bearing No.- 001877 and on the said account complainant was declared as nominee by her husband deceased account holder. Complainant’s deceased husband also opened an account under M.I. scheme bearing No.-10770310003466 dtd. 8/4/2015 for a period of one year, where the complainant was a nominee to the said account. It is stated that Complainant’s husband also opened a S/B account bearing no.- 007709, where in the monthly interest of M.I. scheme had been credited to the S/B account. On death of the account holder, when complainant went to the Op-Bank for withdrawal of money from the Account of her deceased husband in the capacity nominee, Op-Bank did not respond the request of the Complainant for which she sustained financial loss and mental agony. Being harassed Complainant issued a legal Notice on dt. 5/1/2016 under Regd. Post. With A.D. to Op-Bank requesting to allow her to withdraw the amount as said 2 accounts, but the Op-Bank did not allow the Complainant to withdraw the same. Hence, the complaint before the Forum with prayer that a direction may be given to Op-Bank to allow the complainant to withdraw the amount which was kept in the Op-Bank along with the agreed interest and Rs. 10,000/- as compensation in favour of the Complainant.
3. Being noticed Op-Bank appeared through their Ld. Counsel Mr. Murtynjaya Swain and filed written version into the dispute and the allegations of the Complainant denies by the Op-Bank. The facts in the written version of Op-Bank reveal that Kishore Chandra Rath, deceased husband of the Complainant opened a S/B account bearing No.-001877 and one fixed deposit under M.I. scheme bearing No.-10770310003466 and deceased Kishore Chandra Rath had incurred a loan of Rs. 60,000/- on dt. 24/7/2015 keeping the fixed deposit as security against the loan. It is averred that apart from the complainant, the deceased account holder was other legal heirs and successors in interest, which includes, the 2 daughters of the deceased account holder and widow along with her two siblings of predeceased son Surendra and there was a dispute between the Complainant and her daughter-in-law in regards to claimant of the Account. It is further stated that Complainant has not appointed the Complainant as nominee in the S/B A/C No.- 001877,although Complainant was a nominee in connection to M.I. deposit No.- 10770310003466. An amount of Rs. 1,15,197/- has been transferred to account of the complainant on dt. 27/5/2016 on settlement of the loan account from which Complainant withdrawn Rs. 80,000/- from her account and balance amount still kept in her account. It is also averred that at the time of transfer of amount Complainant furnished an under-taking to file a memo before this Forum to withdraw the present case. It is further case of the Op-Bank that as the Complainant was not a nominee in the S/B Account No. 001877 and other family members of the Complainant claims to be the legal heir in succession as per the provisions/formality of the Banking rules and regulations deposited amount can’t be released in favour of the Complainant. In the circumstances of the case, the complaint is liable to be dismissed.
4. Heard the submission of Ld. Counsel for Op-Bank and case of the Complainant on merit as non-appears on behalf of the Complainant on date of hearing. We, have gone through the Complainant, written version and documents filed by Op-Bank i.e, attested copies of statement of account of S/B A/C No.- 001877(6 pgs) attested Xerox copies of statement of Account opening from dt. 12/1/1985 of Complainant’s deceased husband, and attested Xerox copy of fixed Deposit A/C (2 sheets). The admitted facts of the case are that Complainant’s deceased husband Kishore Chandra Rath opened 2 accounts on the Op-Bank, One is S/B A/C bearing No.-001877 and another is a fixed deposit Account under M.I. scheme bearing No.- 10770310003466. It is also admitted that Complainant is a nominee on the said fixed deposit account. The fact reveals from the written version of Op- bank that after adjustment of the loan amount an amount of Rs. 1,15, 197/- has been transferred to complainant’s account from fixed deposit account of Complainant’s deceased husband bearing No.- 10770310003466 as there was no complaint against this said account. Op-Bank to support their version filed a copy of the memo of under taking furnished by the complainant and identified by her lawyer on dt. 27/5/16 disclosing that the said amount on fixed deposit under M.I. scheme is received as full and final settlement. That apart, after receipt of the copy of written version, when complainant does not challenge the version of the Op-Bank in any form, we safely concluded that in the aforesaid account of fixed deposit under M.I. scheme the complainant’s grievance is fulfilled.
Now, the next point of determination is whether the complainant is entitled to receive amount deposited in S/B Account of the Complainant’s deceased husband bearing No.- 001877 as prayed by the Complainant. It is the case of the complainant that her deceased husband appointed her as nominee in the said account. During course of hearing, Op-Bank states that the said S/B account was opened in the 1985, where there was no such provision of facilities of ‘nomination’ available, to support the version Op-Bank filed attested Xerox copy of S/B account opening form bearing No. 001877, it appears from the said document that there was no column for ‘Nomination’ in the S/B account opening form. Further, Complainant does not adduce any evidence that she was appointed as ‘nominee’ in the said S/B account by her deceased husband. When the Complainant is not a nominee in the S/B account this Forum can’t direct the Op-Bank to release the amounts in favour of the complainant, as per the version of Op-Bank there are other claimants including the daughters and daughter-in-law of pre-deceased son of complainant namely Surendra are stake holders in the said S/B account as successor in interest. In this regard by not releasing the amount kept in the S/B account bearing No.- 001877 in favour of the Complainant, the
Op-Bank has acted as per the rules and regulation of the Bank. If, the Complainant is aggrieved any way by such non-release of amount, she may approach proper Civil Court to redress her grievance as the dispute is civil in nature the Forum lacks the Jurisdiction to entertain the same. In addition to this Complainant alleges about another S/B account bearing No.007709, where the monthly interest of fixed deposit under M.I. scheme of Complainant’s husband was deposited. Op-Bank does not whisper a single sentence in this regard. Complainant also did not disclose how she is related to the said S/B account and in what way she is deprived of financial benefits against the said S/B account. We also perused the legal Notice issued to the Op-Bank by the complainant, Nothing is disclosed before Op-Bank regarding existence of the S/B account No.007709. Accordingly, this plea is without any substance is ignored by this Forum.
Having observations reflected above, the complainant is dismissed and disposed of without any cost.
Pronounced in the open Court, this 1st day of August,2017.
