CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA

C.C. No. 347 of 23-08-2013

Decided on 28-11-2013

1. Dharam Pal Sharma, 56 years, S/o Babu Ram Sharma,

2. Sandeep Sharma 26 years S/o Ram Pal Sharma.

3. Lovedeep Sharma, 23 years S/o Ram Pal Sharma

   - LRs of deceased Babu Ram Sharma

   All residents of Near Water Works, Bhucho Mandi, District Bathinda.

…...Complainants

Versus

1. The Manager, Central Bank of India, Bhucho Mandi, District Bathinda.

2. Chairman & Managing Director, Central Bank of India, Chander Mukhi, Nariman Point, Mumbai 400 021.

3. Regional Manager, Central Bank of India, Regional Office, 630 Gurdev Nagar, KP Complex, Ludhiana 141 001. .......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President

Sh. Amarjeet Paul, Member

Smt.Sukhwinder Kaur, Member

For the Complainant : Sh. Sham Lal Goyal, counsel for the complainant.

For the opposite parties : Sh. Sham Singh Jaura, counsel for the opposite parties.

O R D E R

VIKRAMJIT KAUR SONI, PRESIDENT

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as an 'Act'). Briefly stated the case of the complainants is that Sh. Babu Ram Sharma was retired teacher and during his life time, he obtained an FDR amounting to Rs. 3,03,480/- bearing No. 437980 dated 14-3-2007 interest @ 9.75% p.a. for the period of 555 days and its maturity value on 24-09-2008 was Rs. 3,48,981/-. The said Babu Ram executed a will dated 25-12-2007 in favour of the complainants which was got registered on 17-6-2008 in the office of Sub-Registrar, Bathinda, after issuing notice to the general public in the news paper Daily Desh Sewak, Chandigarh, published on 25-5-2008 and thereafter mutation No. 12040 was sanctioned in favour of the complainants on the basis of said will regarding inheritance of deceased Babu Ram Sharma. The complainants alleged that on the basis of said will, they are entitled for releasing the amount of original FDR amount alongwith interest. The complainants further alleged that they requested the opposite parties several times to release the amount of said FIR, but they instead of accepting their request, threatened the complainants to commit arbitrariness towards the complainants. The complaints got served legal notice upon the opposite parties requesting them to release the amount in question, but no response was received. The complainants further alleged that ultimately the opposite parties have flatly refused to make the payment of the FDR. Hence, the complainants have filed the present complaint seeking directions to the opposite parties to release the amount of FDR in question with interest and pay them compensation and cost.

2. The opposite parties filed their joint written statement and admitted that Babu Ram Sharma obtained the FDR as per details given on it. The opposite parties have pleaded that as per law if a person dies, leaving behind cash deposit in any bank, the person who claims right on the same, on any ground, has to obtain a succession certificate from a competent court of law. The opposite parties have further pleaded that the opposite parties do not know whether the alleged will is valid or not and only a competent court of law can decide on this issue. The claimants should apply for succession certificate, to claim amount as the bank is bound by the law of the land and no payment can be made without succession certificate. The opposite parties have denied all other allegations of the complainants.

3. Parties have led their evidence in support of their respective pleadings.

4. Arguments heard. Record alongwith written submissions submitted by the parties perused.

5. These are undisputed facts between the parties that Sh. Babu Ram Sharma, deposited an amount of Rs. 3,03,480/- with the opposite parties in the shape of FDR No. 437980 Ex. C-2 for the period of 555 days on 14-3-2007 which was matured on 24-09-2008 and the maturity value of the said FDR was Rs. 3,48,981/- on 24-09-2008. Sh. Babu Ram expired on 10-01-2008 as per Ex. C-3.

6. Now, the dispute between the parties is that after the death of Sh. Babu Ram Sharma, the complainants approached the opposite parties and requested them to release the amount of the FDR in question on the basis of will dated 25-12-2007 Ex. C-4, but the opposite parties have refused to make the payment without succession certificate.

7. The submission of the learned counsel for the opposite parties is that no payment can be done without succession certificate as the opposite parties did not know whether the alleged will is valid or not. The complainants should apply for succession certificate to claim the amount and the bank is bound by the law of the land.

8. On the other hand, the submission of the learned counsel for the complainant is that the will dated 25-12-2007 was got registered on 17-6-2008 in the office of Sub-Registrar, Bathinda, after issuing notice to the general public in the news paper Daily Desh Sewak, Chandigarh, published on 25-5-2008 and thereafter mutation No. 12040 of Agriculture land of village Lehra Khanna and mutation No. 3644 dated 18-11-2009 of Agriculture land of village Kamalu were sanctioned in favour of the complainants on the basis of said will regarding inheritance of deceased Babu Ram Sharma. The said will is valid and genuine true document and execution of which was not surrounded by any suspicious circumstances. The learned counsel for the complainants further submitted that other legal heirs Maya Devi widow of Babu Ram Sharma , Usha Rani widow of Sh. Ram Pal Sharma, Veerawanti W/o Ramji Dass, D/o Babu Ram Sharma, Kaushalya Rani W/o Jagdish Chand, D/o Babu Ram Sharma and Sheela Devi W/o Niranjan Dev, D/o Babu Ram Sharma have also filed their affidavits regarding no objection for releasing the said FDR amount on the basis of will, in favour of the complainants.

9. A perusal of file reveals that will Ex. C-4 has been executed by Sh. Babu Ram Sharma on 25-12-2007 in favour of the complainants for his movable and immovable property. The said will has been registered on 17-6-2008 in the office of Sub-Registrar, Bathinda, after issuing notice to the general public in the news paper Ex. C-5. On the basis of this registered will, mutation No. 12040 and 3644 Ex. C-17 of Agricultural land were sanctioned in favour of the complainants. The complainants have placed on file affidavit Ex. C-9 of Smt Maya Devi widow of Sh. Babu Ram wherein she has deposed that she has no objection if the amount of FDR in question is given to the complainants. Ex. C-10 is the affidavit of Smt. Usha Rani widow of Sh. Ram Pal Sharma S/o Sh. Babu Ram Sharma, wherein Smt. Usha Rani has deposed that her husband had expired on 17-4-1999 and she has no objection if the amount of FDR is given to the complainant. Ex. C-11 & Ex. C-12 are the affidavits of the daughters of deceased Babu Ram Sharma, namely Veera Vanti and Sheela Devi, and they both have deposed in their respective affidavits that they do not have any objection if the amount of FDR is paid to the complainants.

10. The opposite parties have not placed on file any document to show that under which rule of the bank, succession certificate is required to be submitted by the complainants whereas there is already a registered will executed by the owner of the FDR in favour of the complainants. The plea of the opposite parties that they do not know whether the will in question is valid or not, is not tenable keeping in view the mutations of agricultural land sanctioned in favour of the complainants on the basis of said will. The will in question has been registered after due publication in the news paper. Moreover, the opposite parties have failed to rebut the evidence of the complainant that the said will has ever been challenged by any person. In such circumstances, the complainants are entitled to the amount of the FDR in question and there is deficiency in service on the part of the opposite parties in not paying the said amount to them despite their repeated requests whereas the complainants are entitled to receive the said amount as per registered will of deceased Babu Ram Sharma.

    The FDR in question became matured on 24-09-2008 and its maturity amount was Rs. 3,48,981/- on 24-08-2008 and the said amount is lying with the bank for more than five years. Hence, the complainants are entitled to the interest on the amount of Rs. 3,48,981/- w.e.f. 24-8-2008 till realization @.7.5% P.A.

11. In view of what has been discussed above, this complaint is accepted with Rs. 10,000/- as cost and compensation. The opposite parties are directed to pay the amount of FDR in question i.e. 3,48,981/- alongwith interest @7.5% P.A. w.e.f. 24-08-2008 till realization to the complainants as per will Ex. C-4 of deceased owner of FDR according to which 50% share of the amount is to be paid to complainant No. 1 and remaining 50% amount be distributed in equal shares to complainants No. 2 & 3. The cost and compensation be paid to complainant No. 1.

12. The compliance of this order be made within 45 days from the date of receipt of copy of this order. A copy of this order be sent to the parties concerned, free of costs and the file be consigned to the record.

    Pronounced in open Forum

    28-11-2013

    (Vikramjit Kaur Soni)

    President

     

    (Amarjeet Paul)

    Member

     

     

    (Sukhwinder Kaur)

    Member