Date of Filing:16.07.2008<br /> Date of Order:22.09.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 22ND DAY OF SEPTEMBER 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1580 OF 2008<br /> <br /> <br /> 1. Mr. Achuta.N @ Achuta Rao,<br /> S/o Late N. Shivappa,<br /> No.193, 12th A Main, <br /> Koramangala 4th Block,<br /> Bangalore-560034. <br /> <br /> 2. “Abalashrama”,<br /> A Society Registered as under Karnataka <br /> Co-operative Societies Act,<br /> Dr. D.V.G. Road, Basavanagudi,<br /> Bangalore-560 004,<br /> By its Hon’ble Secretary. Complainants<br /> <br /> <br /> V/S<br /> <br /> M/s SYNDICATE BANK,<br /> Palace Guttahalli Branch, <br /> By their Manager,<br /> Opp. Dattatreya Temple, <br /> Dattatreya Temple Street,<br /> Bangalore-560 003. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that, one Sri. N. Srinivasmurthy had following Fixed Deposit Accounts with the opposite party Bank:-<br /> i) FDR No.SCSDQ 14060<br /> ii) FDR No.SCVCC 16261<br /> iii) FDR No.SCSDQ 16294<br /> iv) FDR No.SCVCC 16611<br /> v) FDR No.SCVCC 16622/629<br /> vi) FDR No.SCVCC 16622/628<br /> vii) FDR No.SCSDQ 16263/627<br /> <br /> Sri. N. Srinivasmurthy had executed his last Will on 03/06/2004. He died on 18/02/2008. As per the Will, Srinivasmurthy has named complainant as nominee of the Account Holder. Complainant approached the opposite party Bank for settlement of the claims. Opposite party advised him to obtain Succession Certificate. Complainant made out a reply to the opposite party. The opposite party Bank sought probating the Will. Complainants issued legal notice. Complainant No.1 is the nominee and complainant No.2 is the beneficiary under the Will. Opposite party by giving unreasonable and illogical reasons in refunding the deposital proceeds has caused deficiency of service. Therefore, the complainants have prayed that direction be issued to opposite party Bank to pay all such sums along with accrued interest. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate and filed defence version stating that, the opposite party Bank has not denied to make payment of the Fixed Deposits. They have informed the complainant to comply the requirement as per the Bank procedure for disbursement/payment. Opposite party informed the complainant for production of probate order from the competent Court. If the complainants comply with the above requirement the opposite party Bank will dispose the amount. To avoid future litigations the opposite party informed the complainant to produce probate order. Opposite party has not committed any deficiency of service. <br /> 3. Arguments are heard. <br /> 4. The point for consideration is:-<br /> 1. “Whether the opposite party Bank can be directed <br /> to pay the proceeds pf the Fixed Deposits of late <br /> Sri. N. Srinivasmurthy to the complainants?”<br /> 2. To what order? <br /> REASONS<br /> 5. The only defense taken by the opposite party is that, they have not denied to make payment of the FDs and they have informed the complainants to comply the requirement of the Bank procedure. Opposite party informed the complainant for production of probate from the competent Court of Law. The learned Advocate for the complainant argued that the Will executed in this case by Sri. N. Srinivasmurthy does not require probate under the law. In support of the argument he relied upon the judgment of Hon’ble High Court of Karnataka reported in ILR 2001 Karnataka Page-2681 under Head Note(B). <br /> (B) SUCCESSION ACT, 1925(CENTRAL ACT NO.39 OF 1925) – SECTIONS 57-A AND B 213(2) – Only those wills specified in Section 57(a) and (b) are compulsorily required to be probated.<br /> <br /> The requirement of obtaining probate is not necessary to the present Will executed by Sri. N. Srinivasmurthy. Because the said Will does not come within the classes of wills specified in Section 57(a) and (b). The wills which are made out side the territories of original civil jurisdiction of juridicature at Madras, Mumbai and Kolkata or where the Wills are made outside the territories in relation to properties situated out of the limits of territories of Bengal, Madras and Bombay do not require probating of wills. Admittedly in this case the executent of will late Sri. N. Srinivasmurthy was living in Karnataka and the properties covered under the will are also situated the territories of Karnataka. Therefore, under the Indian Succession Act 1925 the will executed by Sri. N. Srinivasmurthy need not be probated. The demand or request of the opposite party Bank for production of probate is not justified and same is not supported by any law. The will executed by Sri. N. Srinivasmurthy came into force after his death and the arrangement shall have to be executed and carried out. The intention of the executent of will shall have to be respected. As per the will Sri. N. Srinivasmurthy appointed the first complainant Achutha as nominee to operate, endorse his accounts and deposits including his lockers. Sri. N. Srinivasmurthy had bequeathed all the proceeds of schedule-B property to Abalashrama, Dr. DVG Road, Basavanagudi, Bangalore-04 after meeting the expenses incurred for (i) hospitalisation expenses, (ii) his last rights expenses, (iii) Will execution costs, (iv) Refund of security deposit to his tenants, (v) Court expenses if any, and (vi) Other incidental expenses. Therefore, the opposite party Bank has to release and pay the proceeds of the FDs to the complainants without insisting production of probate. Admittedly, no other claimant has come forward to challenge the Will. There is no civil litigation pending. The executent of will gifted the amount to the Abalashram, a Voluntary Social Organization. The learned Advocate for the complainants submitted that the opposite party Bank can directly pass on the amount to the Abalashram, Dr. DVG Road, Basavanagudi, Bangalore-04. This submission of the learned Advocate for the complainants is appreciated. The opposite party Bank shall be directed to pay the proceeds of the FDs to Abalashram along with accrued interest. Once the amount is paid to the Abalashram the obligation of the opposite party Bank will be discharged. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party Bank is directed to pay the proceeds of the FD Nos. (i) FDR No.SCSDQ 14060, (ii) FDR No.SCVCC 16261, (iii) FDR No.SCSDQ 16294, (iv) FDR No.SCVCC 16611, (v) FDR No.SCVCC 16622/629, (vi) FDR No.SCVCC 16622/628 and (vii) FDR No.SCSDQ 16263/627 along with accrued interest directly to Abalashram, a Society registered under Karnataka Co-operative Society Act, Dr. DVG Road, Basavanagudi, Bangalore-04 with intimation to this Forum.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 22ND DAY OF SEPTEMBER 2008. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings. <br /> <br /> MEMBER <br /> <br /> Rhr <br /> <br /> <br />