BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

DATED 5^TH DAY OF JANUARY 2016

O R D E R

SRI.P.V.SINGRI, PRESIDENT

The complainant has filed this complaint under Section 12 of Consumer Protection Act, 1986 against Opposite Party (herein after referred as OP) with a prayer to direct the OP Bank to transfer the Fixed Deposit matured amount of Rs.55,777/- to his account held in Canara Bank, Bagur Branch, Channarayapatna Taluk, Hassan District and cost.

2.      The brief averments made in the complaint are as under:

  The complainant deposited a sum of Rs.30,000/- in Fixed Deposit with the OP Bank for a period of ten years in the name of his minor daughter Miss Chaitra on 28.02.2003.  The said Fixed Deposit matured on 28.02.2013.  The complainant had an account at Canara Bank, Bagur Branch, Channarayapatna Taluk. The said Miss.Chaitra continued to be minor even on the date of maturity of the Fixed Deposit.   Therefore, the complainant requested the OP Bank to transfer the matured amount of Rs.55,777/- to his account No.14035 held by him in Canara Bank Bagur Branch.  At the request of the complainant the Manager at Canara Bank, Bagur Branch has also written a letter to the OP Bank to transfer the matured amount to the account of the complainant.  The complainant has also surrendered the Fixed Deposit Receipt to the OP Bank.  However, OP Bank is not ready to transfer the matured amount to his account held in Bagur Branch without any valid reasons.  The OP Bank has withheld the same amount without assigning any reasons and the conduct of OP Bank amounts to deficiency in service.

3.  For the aforesaid reasons the complainant prays for an order directing the OP Bank to transfer the matured amount of Rs.55,777/- to his account held by him in Canara Bank, Bagur Branch, Channarayapatna Taluk.  Hassan District with cost of this proceedings.

4. OP Bank in response to the notice issued, appeared through their advocate and filed version admitting the Fixed Deposit of Rs.30,000/- in the name of minor Miss.Chaitra  for a period of 10 years and further contending in brief as under:

The complainant approached the OP Bank seeking payment of the maturity amount of the said Fixed Deposit with a request to credit the same to his SB account bearing No.14035 held by him at Bagur Branch of Canara Bank by duly producing the passbook issued by the said Bagur  Branch.  On verification, the OP Bank found that the name of the guardian mentioned in the record available with the OP Bank differed from the name mentioned by the complainant in his request letter as well as in the passbook issued by the Bagur Branch.  Apart from the difference in the name the signature made by the minor guardian of Miss.Chitra in the proposal form also differs when compared to the signature of the complainant.  Therefore, the OP Bank demanded proper identification of the complainant so as to enable them to transfer the maturity amount to his personal account held at Bagur Branch.  The complainant inspite of establishing the credentials and providing satisfactory identification as sought by the OP has approached this Forum.  The OP Bank has not transferred the matured amount only for the reasons that the name and signature of the minor guardian submitted to OP Bank at the time of the deposit of the Fixed Deposit differs from the name and signature of the complainant.  The OP Bank will be held for gross negligence in case the deposit amount is parted to a person claiming to be a guardian of minor without proper identification.  The OP is obliged to ensure the interest of the minor in whose name the Fixed Deposit stands.  Therefore, there is no deficiency in service on the part of the OP Bank as alleged by the complainant. 

5. For the aforesaid reasons, the OP prays for dismissal of the complaint. 

6. On the rival contention of both the parties, the points that arises for our determination are as under:

1. Whether, the complainant proves the deficiency in service on the part of the OP Bank as alleged in the complaint?

2. To what order or relief the complainant is entitled to?

7.  The complainant to substantiate the allegations made in the complaint filed his affidavit by way of evidence in lieu of oral evidence.  Similarly one Mr.L.Gopappa Naik Senior Manager of OP Bank filed his affidavit evidence in support of the averments made in their version.  Both parties have submitted their written submission and relevant documents.

8. Perused, the allegations made in the complaint, averments made in the version, sworn testimony of both parties, documents relied upon by both sides and also written submission.

9. Our answer to the above points:

10.  POINT NO.1:  It is not in dispute that a sum of Rs.30,000/- was deposited in Fixed Deposit in OP Bank on 28.02.2003 for a period of ten years in the name of minor Miss.Chaitra.  The complainant Sri.Krishnegowda S/o.Dyavegowda, claims that the said minor Miss.Chaitra is his daughter.  The OP Bank insisted for proof of identification of the complainant when they found difference in his first name as well as serious difference in his signature. To substantiate their contention the OP Bank has produced the opening form dated 28.02.2003 submitted by one Sri.Krishnappa while depositing a said sum of Rs.30,000/- in the name of minor girl Miss.Chaitra.

11.   In the said opening form the name of the minor guardian has been shown as Krishnappa, whereas the name of the complainant as shown in the cause title of the complaint is Krishnegowda.  Similarly, the copy of the passbook issued by Canara Bank, Bagur Branch shows his name as Sri.Krishnegowda S/o.Dyavegowda.  There is no explanation by the complainant as to why his name was shown as Krishnappa in the opening form dated 28.02.2003 though he claims that his name is Krishnegowda. The father name of said Krishnegowda is not mentioned in the said opening form.  However, the father name of the complainant has been shown as Dyavegowds both in complaint as well as in copy of the passbook issued by Bagur Branch of Canara Bank. The complainant also did not produce any document to show that he is also called as Krishnegowda and Krishnappa.  Despite this difference being brought to his notice the complainant failed to explain as to why his name is mentioned in the opening form dated 28.02.2003 as Krishnappa instead of Krishnegowda.

12.   In the opening form dated 28.02.2003 submitted by one Krishnappa to the OP Bank bears the signature of minor guardian in English whereas the signature of the complainant found at the complaint as well as in his affidavit evidence is in Kannada.  Furthermore in the English signature it has been written as “Krishnappa” whereas the complainant in the complaint as well as in the sworn testimony as well as in the letter of request submitted to the OP Bank dated 30.07.2013 has signed as “PÀȵÉÚÃUËqÀ”.  Again there is no explanation from the complainant as to why he has affixed his signature in English while depositing the said amount on 28.02.2003 and as to why now he has affixed his signature in kannada as “PÀȵÉÚÃUËqÀ”.

13.  In his affidavit evidence the complainant is totally silent about the serious discrepancy found in his name and signature.  The complainant did not made any efforts to establish that the signature made in English as well as in kannada are his signatures.  Moreover, the complainant also did not produce any document such as ration card, Identification card issued by Election Commission of India or Aadhar card to substantiate that he was called as both Krishnappa as well as Krishnegowda.  The complainant has also not made any efforts to produce any documents such as school records, a letter issued by school authority where the minor girl Miss.Chaitra is studying or a letter by competent revenue authority to establish that the said minor Miss.Chaitra is his daughter.  Even the complainant did not submitted the affidavit or any close relatives in proof of his paternity, or in proof of the fact that minor girl Chaitra is his daughter.  Merely, because he is in possession of the Fixed Deposit receipt is not sufficient for the OP Bank to believe that he is the father as well as minor guardian of Chaitra. 

14.  In view of the serious discrepancy in the first name of the complainant as well as signature, the OP Bank is certainly justified in refusing to transfer the matured amount of fixed deposit to personal SB account of the complainant.  The complainant has miserably failed to establish that he is the same person who has deposited a sum of Rs.30,000/- with the OP Bank on 28.02.2003, in the name of minor girl Chaitra.  Further he has failed to establish that he is the father and minor guardian of Miss.Chitra.  Certainly, the OP Bank is duty bound to protect the interest of the minor girl and they cannot either release or transfer the matured amount in the name of complainant in absence of sufficient proof that he is father as well as minor guardian of Miss.Chaitra.  Therefore, we find no deficiency in service on the part of the OP Bank as alleged by the complainant.  Therefore, we are of the opinion that the complaint is liable to be dismissed. 

15.   Further the complainant is at liberty to approach the OP Bank for claiming the maturity amount with proof of his appropriate identity. 

16. POINT NO.2:  In the result we proceed to pass the following order. The order could not be passed within the stipulated time due to heavy pendency. 

ORDER

1. The complaint filed by the complainant u/s.12 of the Consumer Protection Act 1986 is dismissed.

2. The parties to bear their own cost.

3. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 05^th day of January 2016)

MEMBER                               MEMBER                              PRESIDENT

NRS* 

C.C.No.2333/2013

Witness examined on behalf of the complainant dated 24.01.2014

1. Sri.Krishnegowda

Witness examined on behalf of the OP Bank dated 14.01.2014

1. Sri.L.Gopappa Naik, Senior Manager of Canara Bank, Byatarayanapura Branch

MEMBER                               MEMBER                              PRESIDENT