Tamil Nadu

South Chennai

CC/248/2022

Ms. Rupal Rai - Complainant(s)

Versus

Indian Bank Anna Salai - Opp.Party(s)

M/s. Anil Kumar

13 Feb 2023

ORDER

                                                             Date of Complaint Filed : 01.06.2022

                                                             Date of Reservation      : 25.01.2023

                                                            Date of Order               : 13.02.2023

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No. 248/2022

MONDAY, THE 13^th DAY OF FEBRUARY 2023

Ms. Rupal Rai,

W/o Rajiv Rai,

No:9/5, Ethiraj Lane, Egmore,

Chennai - 600 008.                                                                                                                           ... Complainant               

..Vs..

 

The Assistant General Manager,

Indian Bank,

Anna Salai,

GG Complex,

Chennai - 600 002.                                                                                                                         ...  Opposite Party

******

Counsel for the Complainant          : M/s. V.Anil Kumar

Counsel for the Opposite Party       : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to pay a sum of Rs.10,00,000/- together with accrued interest till the credit of the amount to the account of the Complainant and to make payment of a sum of Rs.2,50,000/- as compensation towards mental agony caused to the Complainant along with cost.

2.     The averments of Complaint in brief are as follows:-

The Complainant is the daughter-in-law of Late. Mrs. Prema Rai and the said Prema Rai had deposited a sum of Rs. 10,00,000/- as Fixed Deposit on 09.09.2014 for a period of 181 days at an interest rate of 9% p.a. A Term Deposit Receipt bearing No. 0178771, vide Account No. 6260552382 was issued by the Opposite Party for a maturity value of Rs. 10,45,506/-. Her mother-in-law had executed a Will dated 13.11.2013 appointing her son Mr. Rajiv Rai (the Complainant's husband) as the executor wherein the Complainant's mother-in-law had bequeathed other assets which are specifically not disposed of, in favour of the Complainant and passed away on 29.08.2015. Thereafter, the said Last Will and testament dated 13.11.2013 was probated before the Hon'ble High Court, Madras vide Order dated 18.06.2019 in O.P No. 844 of 2018. She had approached the Opposite Party on 24.09.2019 and lodged a claim form enclosing the Probate Order Copy and other requisite forms, requesting the Opposite Party to transfer the fixed deposit together with accrued interest as on that date to the Complainant's Account maintained with the Opposite Party. However, the Complainant did not receive any concrete reply/response from the Opposite Party. The Fixed Deposit issued to her mother-in-law was her personal account which cannot be retained/withheld by the Opposite Party at any instance, as she is not indebted/due to anyone as on the date of her death.

 

Furthermore, the Last Will dated 13.11.2013 clearly state that any assets specifically not mentioned in her Last Will shall devolve on the Complainant. The money and asset left behind by the Complainant's mother-in-law should devolve on the legatees as per her Last Will dated 13.11.2013 and cannot be dealt with by anyone in any manner, whatsoever, contrary to her wishes. She was made to run from pillar to post requesting for the transfer of the Term Deposit Receipt. The Opposite Party has deliberately chosen not to invoke any response/reply to the claim form dated 24.09.2019, clearly disregarding the efforts taken by the Complainant. Being aggrieved with such an arbitrary act of the opposite party, the complainant issued a legal notice dated 20.02.2020 to the opposite party claiming for transfer of the principal amount of Rs. 10,00,000/- along with interest and compensation. Despite the receipt of the legal notice, no action was taken by the Opposite Party to address the Complainant's grievance. That such inaction on the part of the Opposite Party tantamount to deficiency of service committed by the Opposite Party. Hence, the complainant has no other alternative remedy other than to approach this Hon'ble Commission for enforcement of her legitimate rights and to seek for justice. Hence the complaint.

3.The Complainant submitted her Proof affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1 to Ex.A-3. The Opposite Party did not appear before this Commission even after sufficient notice was served on them and remained set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

 

2. Whether the Complainant is entitled for reliefs claimed?

 

3. To what other reliefs the Complainant is entitled to?

 

Point No.1:

        Upon perusal of Ex.A-1, at page No.15, it is evident that Mrs. Prema Rai  had made fixed Deposit for a sum of Rs.10,00,000/- on 09.09.2014 for a period of 181 days at an interest of 9% P.A. It is seen from Ex.A-2 that the said Prema Rai, who died on 29.08.2015 had executed a Will dated 13.11.2013 and the Will was probated by the Hon’ble High Court by its order dated 18.06.2019 in O.P No. 844 of 2018. As per the Will, the said Prema Rai had bequeathed and disposed her properties to such persons as contained in the Will and had specifically bequeathed other assets which are not disposed of, in favour of her daughter in law Mrs. Rupal Rai, the Complainant.

        The Complainant had submitted claim form, Ex.A-1, to the Opposite Party, claiming the Fixed Deposit amount of Rs.10,00,000/- on 24.09.2019. As the Complainant did not receive any response from the Opposite Party, the Complainant had issued legal notice dated 20.02.2020, to pay the principal sum of Rs.10,00,000/- together with accrued interest and for compensation which was received by the Opposite Party as found in Ex.A-3. Inspite of receipt of the notice, no action has been taken by the Opposite Party for payment of the fixed deposit to the Complainant.

The contention of the complainant is that as per the guidelines  issued by the Reserve Bank of India, claims of deceased deposits and release of payments to the nominees had to be made by the Banks within 15 days from the  date of receipts of claim.  In the present case, it is seen that the claim of the Complainant which was made on 24.09.2019 remain unsettled.

        From the above discussions and perusal of records, it is clear that the Complainant is entitled for the Fixed Deposit deposited by Prema Rai, the mother-in-law of the Complainant with Opposite Party. However the Opposite Party had failed to settle the claim of the Complainant by releasing payments to the Complainant. Despite receipt of the claim form on 24.9.2019 and subsequent legal notice dated 20.02.2020, the Opposite Party neither settled the claim nor issued any reply. Hence the act of the Opposite Party in not settling/disposing the claim of Complainant, which she is legally entitled to, amounts to deficiency in service. Accordingly point No.1 is answered in favour of the complainant.

 

 

Point No.2 & 3:

As discussed and decided in Point No.1 against the Opposite Party, the Opposite Party is liable to pay a sum of Rs.10,00,000/- together with accrued interest till the date of realization and to pay a sum of Rs.5,000/- towards cost to the Complainant. Accordingly Point Nos. 2 and 3 are answered. 

In the result, the complaint is allowed in part. The Opposite Party is   directed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) together with accrued interest till the date of realization and Rs.5,000/- (Rupees Five Thousand Only) towards costs to the Complainant, within 8 weeks  from the date of receipt of the order.                                                                                                                                                                                                                                                                                                                                                                                                            

          Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 13^th of February 2023.

 

 

S. NANDAGOPALAN                                                                  B.JIJAA

       MEMBER II                                                                     PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	24.09.2019	Claim Form
Ex.A2	18.06.2019	Order in O.P No.844 of 2018
Ex.A3	20.02.2020	Demand Notice to the Opposite Party

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN                                                                B.JIJAA

       MEMBER II                                                                   PRESIDENT