DATE OF FILING : 11-09-2012.
DATE OF S/R : 05-10-2012.
DATE OF FINAL ORDER : 27-05-2012.
Sri Samir Kumar Bal,
son of late Haralal Bal,
residing at S.T.C. Road, Bhattanagar, Turipara,
P.O. Bhattanagar, P.S. Liluah,
District – Howrah,
PIN – 711203.---------------------------------------------------------------- COMPLAINANT.
Versus -
Liluah Co-operative Bank Ltd.,
Liluah Branch of 51/4/D, Rabindra Sarani, P.S. Liluah,
District – Howrah,
PIN – 711204.
Manager,
Liluah Branch, Liluah Co-operative Bank Ltd.,
at 51/4/D, Rabindra Sarani, P.S. Liluah,
District – Howrah,
PIN – 7111204.
Smt. Kalpana Bal,
w/o. late Haripada Bal,
of 16, Daspara Road, P.O. Bhattanagar, P.S. Liluah,
District – Howrah,
PIN – 7111204.
Sri Pradip Bal,
s/o. late Haralal Bal
of S.T.C. Road, Bhattanagar, Turipara, P.O. Bhattanagar,
P.S Liluah, District – Howrah,
PIN – 711203.
Smt. Sandhya Rani Pal,
w/o. Sri Priya Ranjan Pal,
residing at S.T.C. Road, Village & Post – Bhattanagar,
P.S. Liluah, District – Howrah, ---------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case was filed by complainant U/S 12 of the C.P. Act, 1986
wherein the complainant has prayed for direction upon the o.p. nos. 1 & 2 to disburse the amount of Rs. 1,50,000/-, the face value of the five fixed deposits together with interest till date and for fine of Rs. 50,000/- and compensation of another Rs. 50,000/- as the O.Ps. did not disburse the maturity value of the five fixed deposits carrying denomination of Rs. 30,000/- each kept with the O.P. nos. 1 & 2 bank jointly by Sarojubala Bal as the 1st applicant and Samir Kr. Bal, the complainant as the 2nd applicant.
The o.p. nos. 1 & 2 in the written version contended interalia that the fixed
deposits in fact were in the name of Sarojubala Bal. She deposited the pension amount as she received from her family pension account in the fixed deposit scheme; that on her death all the other O.Ps. the legal heirs are entitled to the proportion of the share.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
Both the points are taken up together for consideration. We are constrained to
hold that the instant case is an instance of swallowing the entire share by the complainant depriving the other legal heirs in the garb of being the 2nd applicant. The apple of discord is the five fixed deposits of Rs. 30,000/- each standing in the name of Sarajubala Bal, the deceased mother of the complainant and O.P. nos. 3, 4. The name of the complainant stood as the 2nd applicant. This status as 2nd applicant turned him to be a shirk so as to misappropriate the lions share depriving the other legal heirs. He fabricated a make-believe story that the amount was his own earned money as a mechanic and the O.P. nos. 3 to 5 cannot have any say over its maturity value.
On the other hand it is the admitted position that Sarojubala Bal used to draw
pension after the death of her husband. She was illiterate. Her pension money used to be deposited in Bank of India, Liluah West Branch, District – Howrah. After withdrawing the same she kept it in the O.P. no. 1 Bank in F.D. Scheme with the complainant as 2nd applicant as she was illiterate. She had definitely the dream to distribute the matured value to the O.Ps. in equal proportion. With such intention she reposed faith on O.P. no. 3 Smt. Kalpana Bal and made over the original copies of the five fixed deposits in her custody. Kalpana is the widow of her deceased son late Haripad Bal.
We have no hesitation to hold that the complainant had paid a lynx eye over the
entire amount by himself and not to give a penny to this O.P. nos. 3 to 5. He got the calculated opportunity when Sarajubala expired on 03-04-2011 at the age of 78 years. Had the fixed deposit amounts carried the money of the complainant , his name would have figured as the 1st applicant instead of 2nd applicant.
And the funny chapter started when the complainant lodged G.D. with the Liluah
P.S. for loss of the five fixed deposit certificates. In fact this was his desperate and deliberate attempt to hoodwink the O.Ps. and to convince the O.P. nos. 1 & 2 over the loss of the same and to issue duplicates. Knowing fully well that the original copies were lying with his sister-in-law ( O.P. no. 3 ), the complainant lodged the G.D. only to show the O.P. nos. 1 & 2 that he was sincere to the Bank. He expected that the entire maturity value would be disbursed to him by the custodian Bank ( O.P. Nos. 1 & 2 ) and he would bag the entire amount in hush-hush manner.
Co-operative Bank’s Rule no. 5.1.1 provides that “If one of the depositors expires
before the maturity, no prepayment of the fixed deposit may be allowed without the concurrence of the legal heirs of the deceased joint holder .”
Naturally we are of the view that not only the complainant but the O.P. nos. 3 & 4 are also entitled to the shares of the amount of the fixed deposits as they are also the legal heirs of Sarojubala Bal. Though we trace no deficiency in service on the part of the O.Ps. no. 1 & 2, we are disposing of the complaint in accordance with the law. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 110 of 2012 ( HDF 110 of 2012 ) be disposed of on contest.
The O.P. nos. 1 & 2 be directed to disburse the amount of the five fixed deposits amount of Rs. 1,50.000/- together with interest as accrued till date to the four legal heirs namely the complainant Samir Kumar Bal, Smt. Kalpana Bal, Smt. Sandhya Rani Pal and Sri Pradip Bal in equal proportion.
No order as to the costs and compensation.
The parties are at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
