Andhra Pradesh

Visakhapatnam-II

CC/200/2014

Kuppili Jayalakshmi - Complainant(s)

Versus

Indian Overseas Bank - Opp.Party(s)

P. Mariadas

10 Jun 2015

ORDER

Reg. of the Complaint:08-07-2014                                                                                                                                   Date of Order:10-06-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

WEDNESDAY, THE 10^TH DAY OF JUNE, 2015

CONSUMER CASE NO.200/2014

 

BETWEEN:

Kuppili Jayalakshmi W/o Late Nageswara Rao,

Hindu, aged 82 years, r/at Railway Bunglow-751,

Besides Railway Hospital, Dondaparthy,

Visakhapatnam.

…Complainant

AND:

The Branch Manager, Indian Overseas Bank,

Dwarakanagar, Visakhapatnam-530 020.

…Opposite Parties

This case coming on 13-04-2015 for final hearing before us in the presence of      SRI P.MARIADAS, Advocate for the Complainant, and of SRI M.K.SITARAMAYYA, Advocate for Opposite Party, and having stood over till this date for consideration, this Forum made the following.

 

ORDER

 (As per SRI C.V.RAO, the Honourable Member on behalf of the Bench)                                                                              

 

1. The Complainant asked the forum to pass such order or orders as may be deemed fit and proper by directing

1. The Opposite Party to pay an amount of Rs.19,851.29/- along  with interest @ 24% p.a., to the Compaianant from the date of filing till the date of realization;
2. The Opposite Party to pay sum of Rs.10,000/- to the Complainant  for causing extreme  mental agony, physical suffering, stress and strain and anxiety on account of the gross deficiency service on the part of the Opposite Party;
3. The Opposite Party to pay the complainant a sum of Rs.2,000/- towards costs of the complaint: and
4. for such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case.

2.       The Opposite Party strongly resisted the claim of the Complainant and asked the Forum to dismiss the complaint with costs.   Compliantent

3.       The case of the Complainant, as can be seen from the complaint, is that the complainant and her husband late Sri Kuppili Nageswara Rao are holding SB A/c Joint Account No.11005 (old number) with OP Bank and the amount lying in the account to their Credit by 08-08-2009 is Rs.19,851.29 and the complainant’s husband passed away on 10-03-2012 and the original pass book provided by the OP pertaining to the aforesaid joint account was initially in the possession of the complainant’s daughters viz., Madhumathi Patnaik and others as they had taken away the pass book along with some other documents without complainant’s Knoweldge and they refused to hand over to the complainant despite repeated demands and after the death of the complainant’s husband, her daughter-in-law approached the OP representing on the complainant’s behalf and sought for issuance of a fresh pass book and she was informed that a fresh pass-book  can not be issued as the OP had received a legal notice from Sri K.Ravi Kiran, Advocate stating that there is a civil dispute filed by the complainant’ daughters which is pending before the court for partition of properties and on this ground, the Opposite party refused to issue the fresh pass book to the complainant. After the demise of the complainant’s husband on 10-03-20012 the complainant noticed that several valuable documents from her custody were missing inclusive of the original pass book issued by the OP. Initially the complainant though that they were misplaced or lost but on her search and enquiry they were found to be stolen away by her daughters who retained in their possession and when the complainant requested them to return, she faced a compelling bargain pressurized by her daughters to arrive to settle a share to each one of them from the amounts lying in the oP Bank and the said bargain was nothing but threatening coupled with blackmailing which was really shocking to her.  The complainant remained silent in not initiating any criminal action against her daughters even when she came to know that the documents were stolen. Subsequently when they threatened and black mailed, for the reason that they are related by blood to the complainant and despite the complainant’s several reuests to return the pass book and other documents, they determined to use them for their wrongful gain by making a false claim by way of partition suit in the court. They filed all the original documents incuding the original pass book issued by the OP into the court stolen by them with a malafide intention to harass the complainant. The amounts lying in the OP in terms of savings belong to the complainant alone and she is fully entitled to receive them whenever she wishes. It is to be noted that there is no probating order or prohibitory order pending before any court with a direction to stall the process of making any payments to the complainant out of the savings amounts  or to deal in any manner  with the account. Merely basing on unfounded allegations her right to deal with her account and draw the amounts can not be ceased. In these circumstances where the original pass book is filed by her daughters  in the court with a malafide intention to harass the complainant and her son, her right to operate the account can not be prevented on any invalid ground and the complainant is the lawful holder of the savings account. Even the law of banking states “that no third party has any right to claim the money deposited with a banker by giving notice to him and such a notice does not creat any liability on the part of the banker” and moreover  in the absence of any specific probatory or prohibitory orders issued by the court, it is not proper, reasonable and rational to withhold her amounts unlawfully. The OP is bound to pay back the amount lying in the savings account in the event of the original savings pass book is either missing, lost or stolen, upon furnishing an appropriate indemnity bond duly executed in favour of the OP. Delay in doing so amonts  to deliberate and willful default on the part of the OP. It can not take advantage by retaining the amounts unlawfully on the pretext that a matter is pending before a civil court, which is no way concerned to it. The complainant further stated that she got issued a registered lawyer’s notice dated 21-05-2014 and the Opposite party responded to it after having received. The complainant is confined to bed and unable to walk or move without any assistance and she is living with her son who is a paralytic patient and unable to move around. She is an old woman crossing 82 years of age suffering from several ailments. She had even undergone operation for removal of breast (cancer) and hip replacement and the complainant is in dire necessity of money to meet her medical expenses and for day to day manual service being rendered to her round the clock. Hence, this complaint.

4.       The complainant filed an evidence affidavit besides written arguments to support her claim. Exhibits A1 to A6 are marked for the complainant.

5.       On the other hand, the Opposite Party resisted the claim of the complainant by contending, as can be seen from its counter, that the customer, who opened the SB Account can receive the amount lying in the SB account of his/her choice by surrendering the original SB Account pass Book for payment and unless the original SB Account pass book was tendered to the OP, the OP cannot pay the amount payable to the respective customer and if for any reason, the original SB account pass book was lost, the respective customer has to follow the procedure as per the guidelines of the RBI or the Bank rules in force and without following the procedure, the respective customer cannot ask for repayment of the amount or to issue the duplicate pass book. The recitals of the complainant clearly shows that the original SB Account pass book was available with the daughters of the complainant and the complainant has not taken any steps for obtaining the original SB Account from the custody of her daughters. Without doing so, the complainant is asking the relief against the OP itself. This shows that the complainant made up mind to cause inconvenience to the OP. The complainant ought to have initiated action against her daughters for getting back the original SB Account pass book. Without doing so, the complainant has no right to ask the OP to issue duplicate SB account Pass book to operate the account. The complainant has to adopt the procedure before asking for issuance of the duplicate SB Account pass book and if the payment is made by the OP by issuing duplicate SB account Pass Book, subsequently if the original SB Account pass book was tendered by anyone under valid right or by order of the court, the OP has to make the payment even though no amount is lying with the OP. The OP  reiterates that if the original SB Account pass book was tendered to the OP by the complainant, the OP has no objection to pay the proceeds to the concerned as per the rules. The complainant can make an application before the competent court to receive back the original SB account Pass Book. Without doing so, filing the complaint before the Forum against the OP clearly and categorically proves the wrongful attitude of the complainant against the OP. It is also crystal clear that the complainant suppressed the real facts and tried to receive money from the OP against the rules in force. There are no bonfides in the complaint filed by the complainant. The complaint filed by the complainant is vexatious. 

6.       OP filed an evidence affidavit and also written arguments to buttress its contention. Exhibit B1 is marked for the OP.

7.       The matter has been heard on behalf of the comlainant as well as the OP.

8.       After careful perusal of the case record, this Forum finds that the complainant herself stated in the complaint at para B: “The original pass book provided by the Opposite Party pertaining to the aforesaid joint account was initially in the possession of the compalinant’s daughters namely, Madhumati Patnaik and others as they had taken away the pass book alogn with some other documents without complainant’s knowledge and they refused to  hand over to the complainant despite repeated demands.”  Again in para C, the complainant stated: “They filed all the original documents including the original pass book issued by the Opp.Party into the court stolen by them with a malafide intention to harass the complainant”.  Admittedly the said suit was not resolved to date. As such, the right to the amounts entered in the said pass book is also not determined so far. In these circumstances, the right of the complainant to the accounts shown in the said pass book is not decided in her favour. Only the person who would be adjudged  as having a right to the amounts stipulated in the said pass book can have a Consumer relationship with the Bank (OP)  which issued the said pass Book. So,  as on date as the right to the amounts shown in the said pass book in question is not determined by the Court, the complainant as on date is not rightful consumer of the OP. Hence, this complainant is not a consumer and has no locus standi to file this complaint agains the OP. We verily see that this complaint is a vain and vexatious attempt by the complainant to scuttle the legal process already pending before a regular Court by resorting to this complaint before this Forum though the matter regarding the said pass book is subjudice. Invariably, this complaint is liable to be dismissed.

9.       In the result, this Complaint is dismissed. No costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 10^th day of June, 2015.

 

Sd/-                                        Sd/-                                        Sd/-

 

LADY MEMBER                     PRESIDENT                               MALE MEMBER

 

APPENDIX OF EVIDENCE

 

  For the Complainant:-

Exhibits	Date	Description	Remarks
A1		Pass Book	Photocopy
A2	21-05-2014	REgd. Lawyer’s Notice issued by the complainant	Photocopy
A3	24-05-2014	Acknowledgement	Original
A4	14-06-2014	Reply Notice	Original
A5	12-04-2012	Death Certificate	Photocopy
A6	27-03-2015	Sakshi Paper News item	Original

 

For the Opposite Parties:-  

Exhibits	Date	Description	Remarks
B1	14-06-2014	Reply Notice	Photocopy

 

 

 

Sd/-                                        Sd/-                                        Sd/-

 

LADY MEMBER                     PRESIDENT                               MALE MEMBER