Delhi

North

CC/339/2024

KAILASH CHAND - Complainant(s)

Versus

CHIEF POSTMASTER - Opp.Party(s)

14 Aug 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

                                                      [Govt. of NCT of Delhi]      

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CONSUMER COMPLAINT NO. 339/2024

Date of Institution    :         08/08/2024

Date of Hearing        :         14/08/2024

 

In the matter of

Kailash Chand

S/o Shri Nabbu Singh

R/o House No. G-4/18, Rama Vihar

Near Kanishka Farm House

Kanjhawla Road, Delhi- 110081                             … Complainant

 

                                                                         VERSUS

Chief Postmaster

Delhi GPO

Delhi- 110006                                                           …Opposite Party

 

ORDER (ORAL)

                                                                                                    14/08/2024

                                  Present: Complainant in person

(Divya Jyoti Jaipuriar)

1. This complaint is listed today for hearing on admissibility of this complaint. The main grievance of the Complainant herein is the Postmaster, GPO, Delhi (OP herein) has not released the proceeds of the savings bank account of his deceased wife Ms Lata Rani Mittal in his favour. It is stated that the Complainant herein is the nominee in the SB A/c No. 405xxxx906 which was maintained by his deceased wife with the OP Post Office.
2. It is stated that Ms Lata Rani Mittal maintained the SB A/c No. 405xxxx906 with OP Post Office, in which the nominee is also registered. It is further stated that after the death of Ms Lata Rani Mittal in Kolkata on 09.06.2023, the Complainant approached the OP Post Office for release the account proceeds of the said bank account of Ms. Lata Rani Mittal in his favour on the ground that he is stated to be registered nominee in the said bank account. He has also submitted the required Form 11 in the OP Post Office. It is further stated that the OP Post office vide its letter dated 22.04.2024 has sought following additional information from the Complainant herein:
   1. Submission of original death certificate
   2. Applicant to establish the relation and / or establish with documents/ records/ evidence that the Applicant is the intended beneficiary of the said account of Ms Lata Rani Mittal.
3. The Complainant sent its reply on 27.04.2024 to the OP Post Master and has stated that there is no requirement of filing original death certificate in terms of rule 15 of the Government Savings Promotion General Rules, 2018. He further stated in the said letter that he is also not required to establish that he is intended beneficiary as hehas already filed form 11.
4. Thereafter, OP Post Office, vide its letter dated 24.05.2024 informed the Complainant that his claim application could not be processed for the reason that the Complainant has failed to produce the death certificate in original and he has also failed to establish that the Complainant herein is the intended beneficiary. It was also informed that one Ms Sunita Mittal, stated to be niece of Late Ms Lata Rani Mittal has requested the OP Post Office not to allow any withdrawal from the Account of Late Ms Lata Rani Mittal. It was also informed that the witness namely Sh. Janardan Manjhi, who has signed as witness to the application (Form 11) submitted by the Complainant herein has also intimated the OP Post Office that he wishes to withdraw his witness. The OP Post Office, hence, intimated the Complainant herein that all these events raise the suspicion about the Complainant being the intended beneficiary.
5. We have perused the documents on record and we have also asked the Complainant to produce any document that he is the intended beneficiary. In reply, he has only argued that the nominee is already registered which is clear from the passbook. He further stated that the OP Post Office can only produce the document to indicate the name of the nominee. On the question that why he did not produce the original death certificate, he argued that as per the Government Savings Promotion General Rules, 2018, there is no requirement of furnishing the original death certificate.
6. We have gone through the Government Savings Promotion General Rules, 2018. In rule 15, the applicant is required to submit the proof of death of the depositor. This rule does not state that such proof should be original or photocopy. Once a photocopy of the death certificate was filed, we cannot find any infirmity in the letter dated 22.04.2024 written by OP Post Office, by which the Complainant has been asked to produce the death certificate in original. Further, except for the argument that the deceased account holder has already registered the nominee, does not ipso facto establish that the Complainant herein has been named as nominee. While making application in Form 11 under rule 15 of the Government Savings Promotion General Rules, 2018, the applicant has to establish that he/ she is a nominee. The primary onus to prove that the applicant is a nominee of the deceased account holder lies with the applicant itself. The onus cannot be shifted to the OP Post Office.
7. There are certain other discrepancies that have drawn our attention. First, the Complainant has filed copy of the first page of the “Duplicate Pass Book” which was allegedly issued on 16.04.2024. However the said passbook is not signed by the Post Master. Even if a duplicate passbook is issued, the signature of the Postmaster with his stamp is mandatory. The passbook is not valid without signature and stamp of the issuing Postmaster. Secondly, the Complainant has not stated in the complaint anywhere about his relationship with the deceased accountholder. There is no document on record to suggest that the Complainant and the deceased accountholder were related or connected to each other. Third, the Complainant has annexed the copy of unsigned duplicate passbook, which was allegedly issued on 16.04.2024. He has also not been able to produce the death certificate in original. All these discrepancies create reasonable doubt against the Complainant herein.  
8. At this stage, we would also like to refer to the judgment of Hon’ble Supreme Court in the matter of Ram Chander Talwar v. Devender Kumar Talwar [(2010) 10 SCC 671], in which Hon’ble Supreme Court, while discussing the rights of a nominee of a deceased depositor has held if the deceased depositor has conferred registered a nominee, such nominee would not make such nominee owner of such deposits of the deceased depositor. The said deposit is a part of the deceased depositor's estate and is subject to the laws of succession that govern the depositor. The nominee is not the owner of the deposits of the deceased depositor, but only a custodian of the proceeds till the rights of the legal heirs of the deceased are established under the relevant succession law. This view of Hon’ble Supreme Court has recently been reiterated in another judgment of Hon’ble Supreme Court in the matter of Shakti Yezdani v. Jayanand Jayant Salgaonkar [(2024) 4 SCC 642].
9. In the case in hand, even if the Complainant herein is assumed to be a nominee, he cannot become the owner of the deposits of Late Ms Lata Rani Mittal. The proceeds have to ultimately go to her rightful legal heirs. The Complainant herein, assuming that he is a nominee, cannot claim his right over the said deposit of Late Ms Lata Rani Mittal.
10. Hence, we do not find any infirmity in the letters dated 22.04.2024 and 27.06.2024 issued by the OP Post Office. The Complainant has not been able to establish any deficiency of service on part of OP Post Office. Accordingly, we do not find any merit in this complaint. This Complaint, therefore, is dismissed at admission stage itself. No costs.
11. Copy of this order be supplied to parties in accordance with the rules. Thereafter file be consigned to the record room.

 

 

 

___________________________

Divya Jyoti Jaipuriar, President

 

 

 

___________________________

Ashwani Kumar Mehta, Member

 

 

 

___________________________

Harpreet Kaur Charya, Member