Tamil Nadu

South Chennai

CC/8/2017

M.R.Salaiah - Complainant(s)

Versus

M/s.Lakshmi Vilas Bank - Opp.Party(s)

Party in Person

22 Nov 2019

ORDER

                                                                  Complaint presented on : 21.11.2016

                                                                    Date of Disposal            : 22.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.08/2017

DATED THIS FRIDAY THE 22^ND DAY OF NOVEMBER 2019

                                 

M.R. Salaiah,

S/o. Mr. Rangaiah,

C/o. Little Sister of the Poor,

(Home for the Aged),

No.11, Harrington Road,

Chetput,

Chennai – 600 031.                                                        .. Complainant.

                                                                                             ..Versus..

 

M/s. Lakshmi Vilas Bank,

Represented by its Regional Manager,

Regional Office at:

1^st Floor, Aarthi Chambers,

No.189, Anna Salai,

Chennai – 600 006.                                                  ..  Opposite party.

 

Counsel for the complainant     : Mr. R.K. Ramaiah

Counsel for the opposite party : Mr. A.V. Radhakrishnan & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.20,000/- towards the Fixed Deposit money to the complainant with interest and to pay a sum of Rs.5,00,000/- towards compensation for mental agony, monitory loss and compensation with cost of Rs.20,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is the brother of one M. Govindasamy who died on 19.06.2012.  Before the death of M. Govindasamy, the complainant was authorised and nominated to collect the monetary benefits of the deposits of the deceased M. Govindasamy in the opposite party bank.  Accordingly, the complainant was entitled to collect the monetary benefits of the deposits namely;

1. 08/499265 dt.12.08.2010 Mylapore Branch, Rs.10,000/-

2. 08/498576 dt.14.05.2010 Mylapore Branch, Rs.20,000/-

3. 09/529936 dt.14.05.2010 Anna Nagar Branch, Rs.20,000/-

4. 09/529937 dt.14.05.2010 Anna Nagar Branch, Rs.20,000/-

5. 08/244398 dt.03.05.2010 G.N. Chetty Street Branch, Rs.40,000/-

The complainant submits that after the above all deposits the complainant’s brother M. Govindasamy died on 19.06.2012.   Therefore, the complainant sent a letter dated:17.02.2014 to the opposite party to refund of above fixed deposits after maturity. However the opposite party by its letter dated:07.03.2014 stated that all the five deposits were matured and  two of them paid to one Mr. Devaraj who is also a relative of the said Deceased M. Govindasamy and the remaining three deposits were automatically renewed.  2.     The complainant submits that he sent letter dated:29.07.2015 sought the details of payment of above two deposits that paid to the Devaraj and further demanded the refund of three other renewed deposits since the above two deposits money not received by the said M. Govindasamy.   The opposite party by another letter dated:18.09.2015 informed to the complainant that the opposite party did not know about relationship between the above M. Govindasamy  and the above Mr. Devaraj. The complainant submits that on 08.06.2016, a legal notice issued to the opposite party to refund of deposit money as well as the furnishing of certain documents.  In spite of receipt of above notice, the opposite party neither replied nor settled the one of the above deposit for sum of Rs.20,000/- to the complainant.  The complainant submits that the complainant sent one more letter dated:30.09.2016 to the opposite party sought details and particulars regarding above fixed deposit and some other details but opposite party wilfully and deliberately refused to pay the above Fixed Deposit money to the complainant.   The opposite party is liable to furnish all the details to the complainant regarding the above deposit.   Instead of settle the claim of the complainant, the opposite party evading from its liability and committed deficiency of service and adopted unfair trade practice. Hence, the complaint.

3.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.   The opposite party states that the complainant has not produced any document to prove that he has incurred monetary loss and sustained mental agony and hence, the complaint has to be dismissed in limine. The opposite party states that M. Govindasamy maintained two Savings Bank Accounts viz No.0427301000020424 & No.0427301000023556 in the opposite party bank, G.N. Chetty Street Branch, Chennai.  While so, the said Shri. M. Govindasamy deposited a sum of Rs.20,000/- each as Fixed Deposit with the opposite party’s bank, Anna Nagar Branch, Chennai.  Apart from the above Fixed Deposit Receipts, Shri. M. Govindasamy deposited a sum of Rs.40,000/- towards Fixed Deposit in G.N. Chetty Street Branch.  While so, the said Shri. M. Govindasamy deposited a sum of Rs.20,000/- and Rs.10,000/- as Fixed Deposit Receipt in Mylapore Branch, Chennai.  The opposite party states that as per the letter dated:14.06.2012 of Shri. M. Govindasamy, this opposite party pre-closed the Fixed Deposit Receipt  No.08/498576 for a sum of Rs.20,000/- before the maturity date also with interest through his relative Shri. Devaraj and another Fixed Deposit No.08/499265 for a sum of Rs.10,000/- was pre-closed before the maturity date along with interest and has been deposited in the Savings Bank Account No.0427301000023556 in the name of Shri. M. Govindasamy also maintained in the G.N. Chetty Street Branch.   

4.     The opposite party states that one M.N. Mahalakshmi @ M.N. Lakshmi sent a letter dated:04.12.2013 and the complainant issued letter dated:17.02.2014 and admitted that Shri. M. Govindasamy gave a letter to the opposite party bank that five original bonds were given to Sri. Devaraj and the complainant will send the copy of Succession Certificate for which, due reply dated:07.03.2014 issued by the opposite party in detail and requested the complainant to produce Succession Certificate for realising the other three Fixed Deposit Receipts.  On 21.04.2015, the complainant produced Succession Certificate issued by  the Hon’ble High Court of Madras. There is no mention of either the Fixed Deposit Receipt No.8/498576 for Rs.20000/- or Fixed Deposit Receipt No.08/499265 for Rs.10,000/-.   The opposite party states that the complainant being a Senior Citizen after receiving due reply dated:07.03.2014 and realised the amount with ulterior motive obtained Succession Certificate dated:21.04.2015 after fore-closing the fixed deposits when the original depositor Shri. M. Govindasamy was alive.    There is no deficiency on the part of the opposite party.  Hence, the complaint is liable to be dismissed.

5.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A12 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B7 are marked on the side of the opposite party.

6.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.20,000/- towards the Fixed Deposit amount with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, monetary loss, deficiency in service etc with cost of Rs.20,000/- as prayed for?

7.      On point:-

Both parties filed their respective written arguments. Heard the complainant’s Counsel also. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he is the brother of one M. Govindasamy who died on 19.06.2012.  Before the death of M. Govindasamy, the complainant was authorised and nominated to collect the monetary benefits of the deposits of the deceased M. Govindasamy in the opposite party bank.  Ex.A1 is the copy of authorisation. Accordingly, the complainant was entitled to collect the monetary benefits of the following deposits namely;

1. 08/499265 dt.12.08.2010 Mylapore Branch, Rs.10,000/-

2. 08/498576 dt.14.05.2010 Mylapore Branch, Rs.20,000/-

3. 09/529936 dt.14.05.2010 Anna Nagar Branch, Rs.20,000/-

4. 09/529937 dt.14.05.2010 Anna Nagar Branch, Rs.20,000/-

5. 08/244398 dt.03.05.2010 G.N. Chetty Street Branch, Rs.40,000/-

8.     Further the contention of the complainant is that the Hon’ble High Court granted Succession Certificate in favour of the complainant on 21.04.2015 as per Ex.A5 in which, it is stated as follows:

SCHEDULE

S.No.	Name of the Debtor	Amount of Debtor including on date of application for certificate	Description and date of instrument if any by which debts is secured
1.	Fixed deposited with Lakshmi Vilas Bank	Rs.40,794.70	042714000000983 FD.DT.02.05.2013
2.	SB Account Late. Govindasamy	Rs.8,421.24	0427301000020424
3.	SB Account Late. Govindasamy	Rs.6,903.87	042730100023556
4.	Fixed Deposit with Lakshmi Vilas Bank	Rs.20,000	042911900000147/1 Dt.27.04.2014
5.	Fixed Deposit with Lakshmi Vilas Bank	Rs.20,000	0439119000001471/2 dt.27.04.2014
	Total	Rs.96,119.81

 

proves that the complainant alone is entitled to collect the Fixed Deposit amount from the opposite party bank.  Further the contention of the complainant is that the opposite party issued a letter dated:07.03.2014 as per Ex.A3 stating that all the five deposits were matured and  two of them paid to one Mr. Devaraj who is also a relative of the said Deceased M. Govindasamy and the remaining three deposits were automatically renewed. But on a careful perusal of Ex.A3, copy of letter from the opposite party which reads as follows:

“1. vq;fs; tq;fp Mtzq;fspd;gb jq;fs; fbjj;jpy; ,izj;Js;s jpU. M. Nfhtpe;jrhkp mtu;fspd; 14.06.2012-k; Njjpapl;l fbjj;jpy; Fwpg;gplg;gl;Ls;s FIXED DEPOSIT (Receipt No.08/498576) for Rs.20,000/- fhyf; nfLtpw;F Kd;Ng mjhtJ 22.05.2010 md;W Pre Close nra;ag;gl;L> jpU. M. Nfhtpe;jrhkpapd; cwtpduhd jpU. Njtuh[; vd;gtuplk; nfhLf;fg;gl;L> mtu; %ykhf jpU. M. Nfhtpe;jrhkp nrl;baplk; jpUg;gp nfhLf;fg;gl;Ls;sJ.

2. FIXED DEPOSIT (Receipt No.08/499265) for Rs.10,000/- fhyf; nfLtpw;F Kd;Ng> mjhtJ 29.06.2010 md;W Pre Close nra;ag;gl;L> jpU. M. Nfhtpe;jrhkp & M. rNuh[pdp vd;gtupd; SB Account No.23556 vd;w fzf;fpy; nrYj;jg;gl;Ls;sJ.

3. 3 FIXED DEPOSIT (Receipt No.09/529936, No.09/529937 and No.08/244398) vd;w %d;W epue;ju itg;G njhif fzf;Ffs; kPz;Lk; Auto Renewal vd;w Kiwapy; GJg;gpf;fg;gl;L ,d;Wk; epYitapy; cs;sJ.  Nkw;gb 3 epue;ju itg;G bghrpl;Lfspd; tl;b vq;fsJ Nfhtpe;jg;gehaf;fd; fpisapy; cs;s Nrkpg;G fzf;fp;y; tuT itf;fg;gl;L nfhz;bUf;fpwJ”  proves that two fixed deposits were pre-closed before issuing the Succession Certificate, Ex.A5.

9.     Further, the contention of the complainant is that on 08.06.2016, a legal notice issued to the opposite party.  But none of the legal notice produced in this Forum.   But on a careful perusal of Ex.B1 & Ex.B2, it is apparently clear that the two Fixed Deposits valuing of Rs.20,000/- each has been pre-closed on 14.06.2012 and was credited into the account of the complainant, Mr. M.R. Salaiah.  But as per Ex.A2, there is no iota of evidence to show that the said Fixed Deposits Receipts were pre-closed and there is no endorsement for such transfer.  On the other hand, M. Govindasamy’s signature is found in Ex.A2, Ex.B1 & Ex.B2.  The complainant has not explained the discrepancy between Ex.A2, Ex.B1 & Ex.B2.   The complainant also has not pleaded and proved from where Ex.A2 has been collected and produced.  Similarly as per Ex.B3, a Fixed Deposit for the value of Rs.10,000/- was not pre-closed and it is with the opposite party Bank.  No other Fixed Deposit receipts produced by the opposite party in this Forum even after passing order for production of documents in CMP No. 78/2018.  The complainant is claiming only a sum of Rs.20,000/- towards the Fixed Deposit Amount without any clear specification of Fixed Deposit Receipt Number and date of Fixed Deposit Receipt, date of maturity, renewal if any.

10.    The contention of the opposite party is that the complainant has not produced any document to prove that he has incurred monetary loss and sustained mental agony in this case.   Admittedly, M. Govindasamy maintained two Savings Bank Accounts viz No.0427301000020424 & No.0427301000023556 in the opposite party bank, G.N. Chetty Street Branch, Chennai.  While so, the said Shri. M. Govindasamy deposited a sum of Rs.20,000/- each as Fixed Deposit with the opposite party’s bank, Anna Nagar Branch, Chennai as per Ex.B1 & Ex.B2.  Apart from the above Fixed Deposit Receipts, Shri. M. Govindasamy deposited a sum of Rs.40,000/- towards Fixed Deposit as per Ex.B3 in G.N. Chetty Street Branch.  While so, the said Shri. M. Govindasamy deposited a sum of Rs.20,000/- and Rs.10,000/- as Fixed Deposit Receipt in Mylapore Branch, Chennai.   But no document filed in this Forum.  Further the contention of the opposite party is that as per the letter dated:14.06.2012 of Shri. M. Govindasamy, Ex.B4, this opposite party pre-closed the Fixed Deposit Receipt No.08/498576 for a sum of Rs.20,000/- before the maturity date with interest through his relative Shri. Devaraj and another Fixed Deposit No.08/499265 for a sum of Rs.10,000/- was pre-closed before the maturity date along with interest and has been deposited in the Savings Bank Account No.0427301000023556 in the name of Shri. M. Govindasamy also maintained in the G.N. Chetty Street Branch.  But the opposite party has not produced any record.  

11.    Further the contention of the opposite party is that one M.N. Mahalakshmi @ M.N. Lakshmi sent a letter dated:04.12.2013 as per Ex.B5 and the complainant issued letter dated:17.02.2014 as per Ex.B6 admitted that Shri. M. Govindasamy gave a letter to the opposite party bank that five original bonds were given to Sri. Devaraj and the complainant will send the copy of Succession Certificate for which, due reply dated:07.03.2014 as per Ex.B7 issued by the opposite party in detail and requested the complainant to produce Succession Certificate for realising the other three Fixed Deposit Receipts which are marked as Ex.B1 to Ex.B3.  On 21.04.2015, the complainant produced Succession Certificate issued by the Hon’ble High Court of Madras. There is no mention of either the Fixed Deposit Receipt No.8/498576 for Rs.20000/- or Fixed Deposit Receipt No.08/499265 for Rs.10,000/-.  Further the contention of the opposite party is that the complainant being a Senior Citizen after receiving due reply dated:07.03.2014 as per Ex.B7 and realising the amount with ulterior motive obtained Succession Certificate dated:21.04.2015 after fore-closing the fixed deposits under Ex.B1 & Ex.B2 when the original depositor Sri M/ Govindasamy was alive.    There is no deficiency on the part of the opposite party.  The claim of Rs.20,000/- for the Fixed Deposit Receipt of any kind is available.  The Fixed Deposit Receipt available is only for Rs.40,000/- alone in G.N Shetty Street Branch which is not denied by the opposite party.   Considering the facts and circumstances of the case, this Forum is of the considered view that as per Ex.A5, Succession Certificate dated:21.04.2015 issued by the Hon’ble High Court, the claim related to the five Fixed Deposit Receipts except the Fixed Deposit Receipt for Rs.40,000/-, all others have been fore-closed as per Ex.B1 & Ex.B2 and Ex.B4 when the Shri. M. Govindasamy was alive.  Hence, this Forum is of the considered view that the Fixed Deposit valuing of Rs.40,000/- No.08/244398 Dated:03.05.2010 alone can be disbursed to the complainant and the opposite party shall pay a compensation of Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to disburse the Fixed Deposit Receipt No.08/244398 dated:03.05.2010 valuing of Rs.40,000/- (Rupees Forty thousand only) and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	14.06.2012	Copy of authorisation letter of the deceased M. Govindaswamy to the opposite party bank
Ex.A2	16.11.2011	Copy of Fixed Deposit Bond No.08498576 for Rs.20,000/-
Ex.A3	07.03.2014	Copy of letter from the opposite party
Ex.A4	18.09.2015	Copy of letter from the opposite party
Ex.A5	21.04.2015	Copy of Succession Certificate issued by the High Court, Chennai
Ex.A6	27.02.2014	Copy of Legal Heir Certificate issued by the Poonamallee Taluk Thasildar
Ex.A7		Copy of letters and cheques regarding complainant’s debt for the funeral of Mr. M. Govindasamy
Ex.A8	02.05.2010	Copy of F.D.R.
Ex.A9	17.02.2014	Copy of the complainant’s letter to the opposite party
Ex.A10	07.03.2014	Copy of the opposite party’s letter to the complainant
Ex.A11	30.09.2016	Copy of the complainant’s letter to the opposite party
Ex.A12	28.10.2016	Copy of the opposite party’s letter to the complainant

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1		Copy of Fixed Deposit Receipt No.043911900000147/1 in the name of one Shri. M. Govindasamy was previously issued by the opposite party Bank, Anna Nagar Branch, Chennai
Ex.B2		Copy of Fixed Deposit Receipt No.0439119000001471/2 in the name of one Shri. M. Govindasamy was previously issued by the opposite party Bank, Anna Nagar Branch, Chennai
Ex.B3		Copy of Fixed Deposit Receipt No.042711400000983/1 in the name of one Shri. M. Govindasamy was previously issued by the opposite party Bank, G.N. Chetty Street Branch, Chennai
Ex.B4	14.06.2012	Copy of letter addressed by one Shri. M. Govindasamy
Ex.B5	04.12.2013	Copy of letter addressed by one M. N. Lakshmi
Ex.B6	17.02.2014	Copy of letter addressed by the complainant
Ex.B7	07.03.2014	Copy of reply of the opposite party addressed to the complainant

 

 

                              

MEMBER                                                                                                                                                                                          PRESIDENT