In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 174 / 2007 1) Indu Hasmukh Sangani, Khadia Complex, Badkas Chawk, Mahal, Nagpur-440002. ---------- Complainant ---Verses--- 1) HDFC Bank Ltd., Regional Head Ofiice, Sarat Bose Road, Kolkata. 2) HDFC Bank, Stephen House, B.B.D. Bag, Kolkata-700001. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 2 1 Dated 0 3 / 1 2 / 2 0 0 9 . 1. The instant case arises out of the petition of complaint filed on 31.5.07 by the complainant Mrs. Indu Hasmukh Sangani w/o Late Hasmukh V. Sangani, residing at Khadia Complex, Badkas Chawk Mahal, Nagpur-440002 against (1) HDFC Bank Ltd., Regional Head Office, Sarat Bose Road, Kolkata, P.S. Shakespeare Sarani and (2) HDFC Bank Ltd., Stephen House, B.B.D. Bag, Kolkata-1 with a prayer to (a) direct the o.ps to produce the account opening form of the account in question, (b) direct the o.ps. to pay Rs.60,000/- to the complainant as her share to the money deposited in the said account, (c) pay Rs.25,000/- as compensation for causing mental pain and agony to the complainant and (d) pay Rs.5000/- to the complainant as litigation cost. 2. Specific case is that Hasmukh V. Sangani, husband of the complainant, had opened current A/C no.0082320008316 in the HDFC Bank, Stephen House Branch, B.B.D. Bag, Kolkata-1 as proprietor of Shree Hari Traders. 3. On 1.2.04 the complainant’s husband expired and as such the said proprietorship firm became non est in the eyes of law. 4. The complainant stated that the said current account was in the name of the proprietorship firm and required to be closed on the expiry of the proprietor. It was also stated by the complainant that she verbally intimated the Branch Manager of the concerned Branch of the Bank about the demise of her husband Hasmukh V. Sangani and asked the Branch Manager to close the said account and the Bank Manager assured her that this would be taken care of. 5. The complainant stated that subsequently on 25.1.07 one of the creditors of Shree Hari Traders, viz. Sanghar Exports deposited a demand draft for an amount of Rs.3 lakhs only in the closed account of the proprietorship firm and such deposit was accepted by the bank even after knowing that the account was closed down long time back. 6. Immediately the complainant had called the customer care of the bank to know the status of the draft which was deposited in the closed account. From customer care the complainant was told that the money was kept in the account and the account kept operative in spite of the request made to close the same. 7. Subsequently, some time in the first week of April, 2007 it came to the knowledge from the customer care executive that there was no money in the account in spite of the deposit of Rs.3 lakhs by Sanghar Export by demand draft. 8. The complainant is one of the heir of Late Hasmukh V. Sangani and as such is entitled to receive one fifth share of the total sum which was deposited since Late Hasmukh V. Sangani was survived by two sons and two daughters. 9. The complainant has stated that from the office of the said bank she had come to know that the o.p. had debited the whole deposit of Rs.3 lakh only leading to a nil deposit in the account by resorting to unfair trade practices. 10. Hence the case has been filed against the o.ps. by the complainant. 11. Decision with reasons:- (a) Perused the petition of complaint (though not on affidavit, but mentioned as affidavit), w/v of the o.ps., BNA of o.ps. and documents on record from which it is evident that the complainant is not a consumer u/s 2(d)(i) of C.P. Act, 1986 as the mandate of the said current account was given to (a) Vikram H. Sangani and (b) Sanjay H. Sangani beside the applicant Hasmukh V. Sangani himself to operate the said account (annex-A, B & C of w/o of o.ps.) and not to the complainant. In fact, the complainant had never been able to establish that she got the mandate from her husband in relation to the operation of this current account in question. (b) From the records and documents on record it appears that the matter in question is totally civil in nature. As such, this Forum is not the appropriate place for the redress of the complainant. The question of whether the complainant is entitled to one fifth share of the money deposited in the said current account in question cannot be settled in this forum. 12. Hence, ordered, that the complainant’s grievance being civil in nature, the instant case is dismissed. However, she has been given the liberty to approach the appropriate court/authority for her redress. Nor order is passed as to cost. Thus, the case is disposed of from this Forum. Fees paid are correct. Supply certified copy of this order to the parties on receipt of prescribed fees. ____Sd-_____ _____Sd-_______ MEMBER PRESIDENT | 
