Orissa

Jharsuguda

CC/47/2018

Bhimsen Pradhan S/O-Late Prasanna Pradhan - Complainant(s)

Versus

Branch Manager Utkal Graya Bank Rajpur Branch. - Opp.Party(s)

Abdul Zalil

28 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 47 OF 2018

1. Bhimsen Pradhan (62 Yrs.),
2. Arjun Pradhan ( 59Yrs.)
3. Tribeni Pradhan ( 57 Yrs.),
4. Faguni Pradhan ( 54 Yrs.),
5. Benudhar Pradhan ( 51 Yrs.),
6. Pramod Pradhan ( 36 Yrs.),

Sl. No.1 to 5 sons and daughters of late Prasanna Pradhan

     And Sl. No.6 is the son of Purna Chandra Pradhan,

     All are R/O: At-Jamkani, PO: Jurabaga,PS: Belpahar,

     Dist: Jharsuguda, Odisha……………………....…………………Complainants.

     

Versus

 

1. Branch Manager, Utkal Gramin Bank, Rajpur Branch,

At/PO: Rajpur, PS: Brajrajnagar,

Dist: Jharsuguda, Odisha……………………………..…………Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                   Abdul ZalilAdv. & Associates.                  

For the Opp. Party                                    K.C.Patel,Adv. & Associates.

 

Date of Order: 28.08.2018

Present

                                                                                    1. Shri S.L.Behera, President.

                                                                                    2. Shri S.K. Ojha, Member.

                                                                                     3. Smt. A. Nanda, Member (W).

 

Shri S.L. Behera, President :-   The brief facts of the complaint case are that, one late Bilasa @ Amruta Pradhan wife of late Prasanna Pradhan was having a saving Bank Account bearing No. 12060029792 with the O.P/ Bank opened on dtd. 11.04.2008 with a balance deposit of Rs.75,869.53P as on dtd.31.12.2017.  The said Account holder was died on dt.31.07.2016 and while opening the Bank Account she had appointed one Madnu Pradhan @ Pradeep Kumar Pradhan of village Jamkani as her nominee under the said Bank Account.  After the death of the Account Holder the complainant’s namely 1-Bhimsen Pradhan(62 Yrs.), 2-Arjun Pradhan (59Yrs.)3-Tribeni Pradhan(57 Yrs.),4-Faguni Pradhan(54 Yrs.), 5-BenudharPradhan(51Yrs.),6-Pramod Pradhan ( 36 Yrs.), bearing the legal heirs of the deceased Account Holder late Bilasa @ Amruta Pradhan approach the O.P/ Bank for payment of outstanding deposit amount laying in the said Pass Book and on the advise of O.P/ Bank submitted all the required documents asked for on dtd. 29.11.2016 but alleged deposit money was not released to them.  Thereafter on dtd. 02.12.2016 on the advise of O.P/ Bank submitted an affidavit with clarification that the name of the account holder Bilasa Pradhan and Amruta Pradhan are same and she is the mother of complainants.  It is alleges that on dtd. 31.12.2017 complainant No.5 Benudhar Pradhan again approach the O.P/Bank and requested to release the amount of Rs.75,869.53P and also submitted who furnished indemnity bond to the O.P’s satisfaction but the said request was also turned down, hence this complaint alleging deficiency in service on the part of O.P/ Bank.

            The O.P appeared after being noticed through his advocate and filed written version. In their written version O.P. Bank has not disputed the Bank Account of the deceased Amruta Pradhan.  But contents that the name and address of the account holder differed from the name and Address of the complainant even the O.P./Bank claim to not have received any application for release of the deposited amount or Death Certificate, Legal Heir Certificate etc. The O.P/Bank submitted that it inform the person who approach to the Bank for release of the deposit money regarding nominee’s name who also advise him to furnish an affidavit of the said nominee Madnu Pradhan relinquishing his right who claim of the Bank Account of the deceased but no affidavit of the nominee was also provided to be.  The O.P also submit that it is always ready and willing to pay the deceased account subject to fulfilment of all the formalities by the legal heir i.e. complainants.

Heard from the parties and perused the materials available on record. Documentary evidence filed on behalf of the complainant goes to established that one Amruta Pradhan of village Chandinimal had opened a Saving Bank Account No. 12060029792 on dtd. 11.04.20108 with the O.P/ Bank wherein as on dtd. 31.12.2017 a sum of Rs.75,869.53P is laying in the said Pass Book.  The Account Holder died on dt.31.07.2016.  The complainant No.1 to 6 are sons, daughters and grand son were the legal heirs of the deceased Bilasa Pradhan as per the legal heirs certificate issued by RO on dtd. 12.10.2017. Bilasa Pradhan wife of late Prasanna Pradhan and Amruta Pradhan who opened the Saving Bank Account are the name of one and same person i.e. deceased mother of complainants vide affidavit dtd.03.12.2016 filed on behalf of the complainant. Hence the document on record made it clear that Amruta Pradhan @ Bilasa Pradhan wife of late Prasanna Pradhan was the Account Holder vide A/C No. 12060029792 wherein Rs.75,869.53P is still showing balance.  As per the admission of the O.P and on perusal of the document filed by it one Madnu Pradhan aged about 19 years on dt.11.04.2008 was appointed as a nominee in the said Bank Account affidavit made by the complainant on dt.08.08.2018 filed before this Forum established in their common statement to the fact that as per the instruction of the O.P/Bank in order to release the amount laying in the Bank Account of their mother after furnished of the death certificate, legal heirs certificate, including affidavit to the O.P, it did not release the amount in their favour and they clearly stated the amount could be released in favour of the nominee Madnu Pradhan.  There is another documents filed on behalf of complainants i.e affidavit on dt.01.08.2018 of the nominee Madnu Pradhan @ Pradeep Kumar Pradhan wherein said nominee Madnu Pradhan @ Pradeep Kumar Pradhan clearly stated that when the complainant accompanied with him approached the O.P/ Bank to release the amount deposited in the deceased account the O.P/Bank denied to release the same even in his said affidavit the nominee himself has not objected amount deposited with interest infavour of the complainants as such the said nominee Madnu Pradhan has relinquishing his right to get the claim, money shows as the balance. After going through the documents discussed above filed by the complainants, O.P/ Bank claim as to the fact that the nominee of the Account Holder or the complainants had not initiated a claim and did not produced the required documents necessary for released of the amount of the deceased Account Holder, cannot be believed to be true.  When the nominee against the Bank Account has relinquish his right claim the amount and agreed the payment to the legal heirs, complainants.  We do not find any hindrance to release the amount showing balance with up-to-date interest in favour of the complainants.

After scrutinizing the documents discussed above available on record in support of the complainants, we are of considered opinion that O.P/Bank has rendered deficient in service in respect to the complainants.  Complaint petition is allowed.  The complainants jointly are entitled for the amount laying with the concerned Saving Bank Account of the deceased with up-to-date interest as per Banking Norms. 

            We, therefore, direct the O.P/Bank to release the said amount of Rs.75,869.53P (Rupees seventy five thousand eight hundred sixty nine and fifty three paise) only in favour of the complainants along with up-to-date interest as on date of payment, and to pay Rs.10,000/- (Rupees ten thousand) only towards compensation due to mental agony, harassment including litigation costs of the case within 30(thirty) days from the date of receipt of copy of this order, failing which the O.P/Bank shall be liable for interest @ 10% per annum on aforesaid awarded amount till realization..

Accordingly the case is disposed of.

Order pronounced in the open court today the 28^th day of August’ 2018. Free copy of this order be communicated to the concerned parties as per rule.

                                                     

                 I Agree.                                 I Agree.                                                                                          

                                         

  A.Nanda, Member( W)         S.K.Ojha, Member        S. L. Behera, President  

                           Dictated and corrected by me

                             S. L. Behera, President