THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 162-14
Date of Institution : 25.3.2014
Date of Decision : 5.06.2015
Ajit Singh (deceased) son of Boota Singh
Vidya aged about 71 years wife of Ajit Singh both residents of Sarwarpura-5, Sultanwind Road, Amritsar at present 55, Rishi Vihar, Phase 2, Majitha Road, Amritsar
Gurjinder Kaur daughter of Ajit Singh r/o 55 Rishi Vihar, Phase 2, Majitha Road, Amritsar
...Complainants
Vs.
Orintal Bank of Commerce, Katra Ahluwalia Branch,Amritsar through its Br.Manager/Principal Officer
Dilbagh Singh son of Ajit Singh, 137, 138, Glen Place, Canada at present 9615, Sarwarpura 5, Sultanwind Road, Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : Sh. N.S.Sadhu,Advocate
For the opposite party No.1 : Sh. Sudhir Kumar,Advocate
For opposite party No.2 : Ex-parte
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
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Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Ajit Singh (now deceased) and Vidya under the provisions of the Consumer Protection Act alleging therein that they alongwith their son Dilbagh Singh are having saving bank account No. 00412010028280 with the opposite party No.1 on Either OR Survivor basis. Complainants have deposited their hard earned money in their said account to fulfill their day to day requirements including their medicines. Complainants have approached the opposite party number of times and requested them to allow them to withdraw the amount from their account, but the opposite party bank refused to allow them to withdraw the same. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to allow the complainants to withdraw the entire amount of Rs. 3,50,199/- from their account alongwith interest @ 18% p.a. Compensation of Rs 50000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party No.1 appeared and filed written version in which it was submitted that complainants Ajit Singh and his wife Vidya have opened saving account bearing No. 00412010028280 with the opposite party No.1 bank and vide letter dated 2.9.2004 they added name of their son Dilbagh Singh in the said saving account. It was submitted that many MIDR are lying with different branches
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of opposite party No.1 bank at Amritsar in their name. It was submitted that vide e-mail dated 28.10.2013 one of the account holders namely Dilbagh Singh made a request to freeze the said saving account as there were dispute regarding the amount lying in the said saving account and MIDR. Said Dilbagh Singh vide their different letters dated 27.10.2013, 30.10.2013, 19.2.2014, 1.3.2014, 7.4.2014 and 14.4.2013 requested the opposite party to freeze the said account. It was also informed by said Dilbagh Singh that a complaint regarding this was pending before NRI Police Station, Amritsar . As such to save the interest of each account holder the concerned branch of OBC freezed the said saving account and there is no deficiency of service on the part of the opposite party qua the complainant.
3. Opposite party No.2 in its written version has submitted that he is an NRI and permanent resident of Canada and he is taking care of his parents and opened an account with oppsoite party No.1 on Either or Survivor mode and sent them money for their daily needs by depositing the same in the said account for the help of his parents and whenever they need they might withdraw the amount. But now under the undue influence of his sister and brother in law , he has got the aforesaid account freezed . While denying and controverting other allegations, dismissal of complaint was prayed.
4. Complainant No.2 Vidya tendered into evidence her affidavit Ex.C-1, copy of saving bank pass book Ex.C-2, copy of detail of amount in the bank Ex.C-3, copy
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of pass book Ex.C-4, copy of pass book of Ajit Singh Ex.C-5, affidavit of Smt.Vidya Ex.C-6, copy of prescription slip Ex.C-7, copy of FDR Ex.C-8 to C-11, certificate issued by Amritsar Sewa Samiti Ex.C-12, copies of medical bills Ex.C-13 and C-14.
5. Opposite party No.1 tendered into evidence affidavit of Sh.Surinder Singh,Chief Manager Ex.OP1/1 alongwith documents Ex.OP1/2 to Ex.OP1/18.
6. Opposite party No.2 tendered his affidavit Ex.OP2/1, copy of will dated 18.2.2000 Ex.OP2/2, copy of death certificate Ex.OP2/3.
7. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the complainant and opposite party No.1 and have appreciated the evidence produced on record by the parties with the valuable assistance of the ld.counsel for the complainant and opposite party No.1.
8. From the record i.e.pleadings of the parties and the evidence produced on record by the parties, it is clear that complainant Ajit Singh (since deceased) alongwith his wife Vidya had saving bank account bearing No. 00412010028280 with the opposite party No.1 bank on Either or Survivor basis. Later on vide letter dated 2.9.2004 they added the name of their son Dilbagh Singh in the said saving account. Different MIDR/FDR of the aforesaid complainants are lying with the opposite party bank at Amritsar. The complainants were very old and infirm persons and they require money for their day to day requirements including their
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medicines. But the opposite party No.1 has refused to allow the complainant to withdraw their hard earned money from the aforesaid account. Ld.counsel for the complainants submitted that all this amounts to deficiency of service on the part of the opposite party.
9. Whereas the case of the opposite party No.1 bank is that complainant had opened aforesaid saving bank account with the opposite party bank and later on vide letter dated 2.9.2014 they added the name of their son Dilbagh Singh in the said saving account. The said account is on Either or Survivor basis . So many MIDRs/FDRs are lying with different branches of the opposite party bank at Amritsar in the name of the complainants and Dilbagh Singh. Vide e-mail dated 28.10.2013/27.10.2013 Ex.OP1/6 from Canada to opposite party bank, Dilbagh Singh one of the account holders made a request to freeze the said saving account in question as there were dispute regarding the amount lying in the said saving account and MIDRs. Even thereafter through different letters dated 27.10.2013, 28.10.2013, 30.10.2013, 19,.2.2014, 1.3.2014, 7.4.2014 and 14.4.2013 etc Ex.OP1 to Ex.OP12 said Dilbagh Singh again requested to freeze the said saving account. He even personally made request to freeze the said saving account to the opposite party authority on 19.2.2014. Said Dilbagh Singh had also told that complaint regarding this matter is also pending before NRI police station, Amritsar. So in order to save interest of account holders, the opposite party bank has freezed the
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said saving account in the interest of justice till the dispute is resolved between the parties. Ld.counsel for opposite party No.1 submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
10. Whereas case of opposite party No.2 is that he is a NRI person and used to provide all the facilities to his parents i.e. complainants. The aforesaid joint account was opened by the complainants with either or survivor mode and the opposite party No.2 was added later on in the said saving bank account. Opposite party No.2 alleges that under undue influence of his sister and brother in law , who want to grab the funds of his parents i.e. complainants, which were actually deposited by opposite party No.2, through complainants, want to withdraw the amount from the aforesaid saving bank account. He has dispute with his sister and brother in law , as such he has got the aforesaid account got freezed as there is dispute criminal as well as civil pending between opposite party No.2 and sister and brother in law of opposite party No.2. Opposite party No.2 in his written version submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
11. From the entire above discussion, we have come to the conclusion that complainant Ajit Singh (since deceased) , his wife Vidya have saving bank account bearing No.00412010028280 with the opposite party No.1 bank on Either or Survivor basis. Later on vide letter dated 2.9.2004 Ex.OP1/4 they added name of
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their son Dilbagh Singh. However, it is clear that the said saving bank account is operative on Either or Survivor basis. As such anyone of the account holders can withdraw and operate the account and a single account holder has no power to get the aforesaid bank account freezed by making any request to the opposite party No.1. Opposite party No.1 has produced on record the operational manual of the opposite party bank in which clause 3.12 clearly states that the branches should stop payment in case of joint account if authority to operate the account asked for revocation. However, in joint account with Either or Survivor clause a single account holder cannot revoke the operation of the account . In such cases anyone or survivor of the account holders can operate the account.
12. Apart from this complainants Ajit Singh and Vidya are very aged persons . Not only this Ajit Singh, father of Dilbagh Singh opposite party No.2 has expired during the proceedings of this case, due to old age, whereas Vidya, wife of Ajit Singh is 71 years old and is suffering from heart disease. In this regard she has produced medical record from Dr.Ved gupta, MD Ex.C-7 that she has been undergoing medical treatment for her disease. The complainants have also produced on record, death certificate of Ajit Singh Ex.C-15. So in such an old age applicant Vidya requires money for her day to day needs and for her own medical treatment, being old widow lady having no other source of income. Opposite party No.1, was not justified in freezing the aforesaid saving bank account only on the
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application/request of opposite party No.2 , one of the account holders in the aforesaid saving bank account which is being operated on Either or Survivor basis.
13. Resultantly we hold that opposite party No.1 is certainly in deficiency of service qua the complainant Vidya one of the surviving account holders of the aforesaid saving bank account. The complaint is,therefore, partly allowed and opposite party No.1 is directed to immediately allow complainant Vidya to operate the aforesaid saving bank account . Opposite party No.1 is also directed to pay compensation of Rs. 5000/- to complainant Vidya and also to pay litigation expenses Rs. 1000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
5.06.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
