The instant case was instituted on the basis of a petition of complaint filed by one Mr. Amaresh Dutta S/o. – Late Kanailal Dutta, Telmundai Road, P.O. Old Malda, P.S. & Dist. Malda u/s. 12 of Consumer Protection Act, 1986and the said petition was registered before this Forum now Commission as Complaint Case No. 17/2020
The fact of the case as revealed from the petition of complaint as well as from the evidence is that one Tamaresh Dutta executed a will in favourof Avishek Dutta who happens to be the minor son of the complainant Amaresh Dutta.
It has been further mentioned that by that will the testator Tamaresh Dutta appointed Sri Amaresh Dutta as an executor of the will. After demise of Tamaresh Dutta a petition was filed before the Ld. District Judge, Malda for granting probate in respect of the last will of Tamaresh Dutta and the Ld.District Judge, Malda was pleased to grant probate of the last will of Tamaresh Dutta. In that will it has been mentioned that Abhishek Dutta is entitled to get all the amount lying in the account of Tamaresh Dutta with the Central Bank of India Malda Branch bearing A/c. No. 11820.
The further case of the complainant is that the complainant submitted all the original documents with probate for disbursement on 20/07/2019 to O.P. No.3 i.e. Branch Manager, Central Bank of India, Malda. After several requests the O.P. No. 3 kept mum regarding disbursement of sum lying with the selfsame account number. The complainant filed an RTI application to O.P. No.3 on 04/01/2020 but no reply has been received from their end. Finding no other alternative the complainant filed a case in this Forum now Commission.
The O.P. Nos 1 and 2 after receiving notices and after repeated calls did not appear. So the case has been heard ex parte against them.
The O.P. No.3 Branch Manager, Central Bank of India filed written version denying all material allegations contending inter alia that the case is not maintainable according to Law and it is barred by law of limitation and the complainant filed the case for unlawful gain. Whatever he written in the petition of complaint is false and fabricated.
The further defense of the of the O.P. No.3 is that Tamaresh Dutta had no two accounts he had only one A/c. being No. 1363444991 but no A/c bearing No. 11820. The role of executor played by Amaresh Dutta is not in accordance with the duties of an executor as because he is only the administerof the movable and immovable property but he has no authority to withdraw money from the account of the deceased Tamaresh Dutta.
Moreover, the complainant did not file any petition before the Ld. District Judge for appointment of the guardian on behalf of the minor as such the bank did not hand over the amount to the Executor. So dismissal of the case has been prayed for.
During trial the complainant Amaresh Dutta was examined as P.W.-1 and cross-examined he files some documents in Xerox. Copy was served. No other witness was examined on behalf of the complainant.
On the other hand when O.P. Central Bank of India did not adduce any evidence.
Now the point for consideration: Whether the complainant is entitled to get any order as prayed for:-
::DECISION WITH REASONS::
The main argument as advanced by the Ld.Lawyer of the O.P is that the deceased Tamaresh Dutta had no account with the Central Bank of India, Malda Branch bearing A/c. No. 1363444991.
The further argument of the Ld.Lawyer of the O.P. is that there were no two accounts with the Central Bank of India, Malda Branch but the deceased Tamaresh Dutta had only one account with the Central Bank of India, Malda Branch bearing A/c. No. 1363444991.
In reply, the Ld.Lawyer of the complainant argued that the complainant has filed the original Pass Book in which the old account number mentioned as 11820 in the name of Mr. Tamaresh Dutta and in the Pass Book the new number has been mentioned as 1363444991. So there is no ambiguity that the deceased Tamaresh Dutta had a single account with the Central Bank of India, Malda Branch bearing No. 11820 which was renumbered as 1363444991.
Next point argued by the theLd.Lawyer of the O.P. is that in the will there was no mention that the complainant will withdraw the money during the minority of Abhishek Dutta. Copy of the will in which it is found that the deceased Tamaresh Dutta bequeathed his movable and immovable property in favour of Abhishek Dutta who happens to be the brother son Amaresh Dutta who is the complainant in this case and it has been further mentioned in the said till Abhishek Dutta attend the majority the above property will be in the custody of his brother Amaresh Dutta.
According to the argument, as advanced by the Ld.Lawyer of O.P. is that there is no direction for withdrawal of the money from the Central Bank of India.
It is a fact that there was no direction for withdrawal of the amount in the said probated will but it has been mentioned in the said probated will that Amaresh Dutta will be custodian of the movable and immovable property till Abhishek Dutta attains the majority.
Moreover, the Ld.Lawyer of the O.P. Bank argued that the complainant did not file any petition before the Ld.District Judge for appointment of the guardian on behalf of the minor as such the bank did not hand over the amount to the Executor of this will but by this time the minor son Abhishek Dutta has attained the age majority as his date of birth is 10th day of December, 2002 that means on 09/12/2020 he has completed the age of 18 (Eighteen) years.
So as per direction of the will the executor of the will be entitled to withdraw the money from the Bank in the account number as mentioned above.
Accordingly, the Bank Authority is directed to release the amount in favour of the complainant along with the interest accrued there on at the banking prevailing rate of interest varying from time to time till payment.
C.F. paid is correct.
Hence, ordered
that the case be and the same is allowed on contest without any cost.
The complainant gets an order for release of the amount from the Central Bank of India Malda Branch lying with the A/c. No. 1363444991 within 30 (Thirty)days from the date of order failing which it will carry interest @ 5% p.a. over the accrued amount from the date of filing of the case.
The Bank Authority of Central Bank of India is directed to release the amount from the Central Bank of India, Malda Branch lying with the A/c 1363444991 within 30 (Thirty)days from the date of order failing which it will carry interest @ 5% p.a. over the accrued amount from the date of filing of the case and the complainant will be at liberty to put the decree in execution in the case of failure to release the amount lying with the self-same account within the stipulated time as mentioned above.
Let a copy of the order be given to the parties free of cost on proper application.
