COMPLAINT FILED: 30-05-2009 <br /> DISPOSED ON: 28-10-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 28TH OCTOBER 2009<br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> COMPLAINT NO.1245/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Smt.Chetana.S<br /> W/o. Late V.Prashanth,<br /> Aged about 20 years,<br /> Residing at #1750, <br /> C Block, IInd Floor,<br /> Sahakaranagar,<br /> Bangalore – 560 092.<br /> <br /> Advocate – <br /> Sri.Ambarish Nayaka.V<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTY The Branch Manager,<br /> Karanataka Bank Ltd,<br /> Branch Office at Sahakaranagar,<br /> Bangalore – 560 092.<br /> <br /> Advocate – <br /> Sri.Shiva Prakash.G<br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986 seeking direction to Opposite Party (herein after called as OP) to return / release the gold ornaments and jewellery pledged with OP Bank in Account No.3119 to the complainant and to refund the amount of Rs.2,26,154/- deposited by the complainant on the advice of the OP towards clearing all the loan dues of her husband with interest at 24% p.a., to pay damages of Rs.1,00,000/- with legal notice charges of Rs.5,000/- on the allegation of deficiency in service on the part of the OP.<br /> <br /> The case of the complainant to be stated in brief as stated in the complaint is as under:-<br /> <br /> 2. She is the legally wedded wife of V. Prashanth. Her husband V. Prashanth during his life time pledge gold ornaments and jewelleries belonging to complainant in OP Bank on 07-06-2006, under Account No.3119. Her husband died in motor vehicle road accident on 12-05-2008. After the death of her husband she approached OP Bank to take back the gold ornaments and jewelleries pledged by her husband. As per instructions and advice of the OP Bank on 27-08-2008 she submitted the claim form and also executed the Indemnity Bond. The complainant was insisted by OP Bank to submit affidavit, accordingly she has produced her affidavit. After collecting the amount towards the discharge of loan, OP Bank has not returned the gold ornaments and jewelleries belonging to the complainant with one pretext or the other for reason best known to them, which amounts to deficiency in service on the part of the OP Bank. OP Bank is wholly responsible for the act of negligence and thereby the complainant is put to great hardship, irrepairable loss and injury. The complainant got issued legal notice on 17-12-2008 for which OP Bank has given reply on 02-01-2009 by assigning untenable and evasive reasons. The non-honouring of the assurance and commitment made by the OP for returning the gold ornaments and jewelleries belonging to the complainant amount to deficiency in service as such OP is liable to pay compensation. Thus the complainant claims relief as stated above. <br /> <br /> 3. OP Bank on appearance filed version contending that complainant is wholly misconceived and the same is liable to be dismissed. The complainant who is “one of the legal heirs” of deceased account holder is seeking delivery of the pledged goods, without the consent of other heirs. The Bank insisted the consent of other legal heirs of deceased account holder or in the alternative production of succession certificate. The complainant alone cannot seek return of the ornaments, when admittedly the mother of the deceased account holder is alive. The mother of the deceased is also jointly entitled for the gold ornaments and jewelleries. By making payment of Rs.2,26,154/- which was due by the complainant’s late husband does not entitle to get back the entire gold ornaments and jewelleries. The mother, wife and children of deceased who are class – 1 heir, succeeded to all the properties and estate of the deceased. Accordingly the complaint filed by the wife of the deceased alone is not maintainable. OP Bank informed the complainant to get the particulars of all the legal heirs and also to furnish necessary authorization from other legal heirs for taking delivery of pledged gold ornaments and jewellweries. The say of the complainant that she has repaid the entire loan due to the OP Bank on the advice of the OP is far from truth. The complainant has not replied for the letter dated 29-11-2008 issued by the OP Bank. It is admitted that Sri.V. Prashanth, borrowed two loans of Rs.1,00,000/- and Rs.1,02,000/- from OP Bank on 08-06-2006, against the pledge / deposit of gold ornaments. It is stated that the said V.Prashanth died intestate on 12-05-2008 in motor vehicle accident. From a copy of the death certificate it was noticed that he is the son of G.K.Vasudeva Reddy. On enquiry it was learnt that Smt.Indiramma is the mother of said V.Prashanth and that she is alive. The complainant approached OP Bank stating that she is the wife of deceased that V.Prashanth and wanted to clear the loan dues. OP Bank informed the amounts due and made it clear that ornaments will be delivered to all the legal heirs of the deceased and that in the event of any of the heirs not joining the request and to take delivery and then necessary authorization will have to be obtained and produced. The complainant who understood the said requirement agreed to do so. However she failed to come with details as requested by the OP. Accordingly OP Bank wrote a letter on 29-11-2008 drawing her attention to the requirements sought and furnish consent letter from mother of the deceased and take back the pledged ornaments. After receipt of the said letter the complainant got issued the false notice dated 17-12-2008. OP Bank has sent a reply dated 02-01-2009. The action on the part of the OP in not delivering the gold ornaments to the complainant alone is proper, legal, correct and no exception can be taken to the same. There is no deficiency in service on the part of the OP Bank. Hence it is prayed to dismiss the complaint with exemplary costs.<br /> <br /> 4. The complainant filed affidavit to substantiate the complaint allegations and produced in all eight documents with <br /> <br /> <br /> lists. The Manager of the OP Bank filed affidavit in support of the version filed and produced two documents.<br /> <br /> 5. Complainant filed written arguments.<br /> <br /> 6. After perusing the pleading and affidavit filed by both the parties and documents produced and hearing on both the sides the following points arise for our consideration :-<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 7. Our findings on :-<br /> <br /> Point No.1:- Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N <br /> <br /> 8. At the out set it is not in dispute that the deceased V.Prashanth, the husband of the complainant availed two gold loans of Rs.1,00,000/- and Rs.1,02,000/- from OP Bank on 08-06-2006 against pledge of gold ornaments. The said V.Prashanth died intestate on 12-05-2008 in motor vehicle road accident. The complainant approached the OP Bank to get back the gold ornaments pledged by her husband by discharging the loan amount due to the Bank. The total amount of Rs.2,26,154/- dues towards that loan was deposited by the complainant on 26-08-2008. The OP Bank insisted the complainant to get no objection certificate from the mother of the deceased or to get a succession certificate and produce the same to get back the gold ornaments. The complainant claims that since the pledged gold ornaments are belonging to her and she has discharged the loans as per the advice of the OP Bank and now OP Bank cannot insist for either no objection certificate or succession certificate to return the gold ornaments. The refusal to return gold ornaments even after the discharge of the loans amounts to deficiency in service on the part of the OP Bank. Thus she claims for return of those gold ornaments or to refund the amount deposited towards the discharge of the loan. <br /> <br /> 9. It may be noted that the deceased V.Prashanth died intestate in a motor vehicle road accident leaving behind him his wife, i.e., the complainant and mother Smt.Indiramma as is legal heirs. The complainant and mother of the deceased V.Prashanth are admittedly class-1 heirs, jointly entitled to succeed to the properties left by the deceased. Without no objection from the mother of the deceased or obtaining succession certificate and producing the same before the OP Bank, the pledged gold ornaments cannot be returned to the complainant. There is no material to hold that the OP Bank has assured the complainant to return the gold ornaments on her discharging the entire loan dues by her deceased husband. As per the affidavit filed by the Manager of OP Bank it becomes clear that all the formalities required for clearing the loans and for getting return of the gold ornaments were explained to the complainant. One of the terms explained was all the legal heirs of the deceased have to join to get back pledged ornaments, if any one of the heirs unable to join for receiving the gold ornaments, the complainant has to produce no objection letter from such legal heir. From the letter dated 17-09-2008 addressed to the complainant by the OP Bank if was advised to furnish the documents that is third party affidavits from two persons, as to legal heirs of the deceased other than family members and further the complainant was requested to intimate whether the mother of the deceased is alive. Further as per letter dated 29-09-2008 the complainant was informed that without the joint application of deceased’s mother who is also class-1 legal heir or consent letter for deliver of gold ornaments to the complainant, OP Bank is not in a position to settle the claim. The complainant was requested to do needful at the earliest. From these two letters it becomes clear that the OP Bank has requested the complainant to comply with the necessary requirements for settling her claim regarding return of the gold ornaments but she has not complied with these requirements. Therefore OP Bank was justified in refusing to return the gold ornaments to the complainant for non-compliance of the necessary requirements either producing the no objection or consent letter from the mother of the deceased or producing the succession certificate authorizing her to receive the pledged gold ornaments. Under these circumstances we are of the view that there is no deficiency in service on the part of the OP Bank. <br /> <br /> 10. The complainant is not entitled to claim return of the pledged gold ornament only on the ground that she has discharged the loan without complying with necessary condition of either producing no objection certificate or consent letter from mother of the deceased or by producing the succession certificate entitling her to collect the pledged gold ornaments from OP Bank. She is also not entitled for refund of the amount deposited towards the discharge of the loans. We are unable to accept that the OP Bank made her to discharge the loans assuring that the gold ornaments would be returned to her without the consent of other legal heirs of the deceased. Under these circumstances we are of the view that the complainant is not entitled for the relief claimed. The complaint is devoid of merits and liable to be dismissed. Accordingly we proceed to pass the following : -<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is dismissed. In view of nature of dispute no order as to costs. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 28th day of October 2009.) <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> NRS<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />