Punjab

Faridkot

CC/18/137

Jasmail Kaur - Complainant(s)

Versus

Oriental Bank of Commerce - Opp.Party(s)

Sandeep Handa

03 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :          137 of 2018

Date of Institution :      14.08.2018

Date of Decision :          3.04.2019

Jasmail Kaur aged about 66 wife of Makhan Singh r/o village Sarawan, Tehsil Kotkapura, District Faridkot.            

.....Complainant

Versus

 

Oriental Bank of Commerce, through its Branch Manager, Bathinda Road, Kotkapura, Tehsil Kotkapura, District Faridkot.

                                                                                      ......OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh Ajit Aggarwal, President,

                    Smt. Param Pal Kaur, Member.

Present:       Sh Sandeep Khosla, Ld Counsel for Complainant,

 Sh Sandeep Tayal, Ld Counsel for OPs.

 

ORDER

(Ajit Aggarwal, President)

                                    Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to Ops to release the balance amount of Rs.1,57,000/- alongwith interest in two FDRs bearing no.270085 and 0095001 dated 17.03.2011 and 18.08.2009 respectively and for further directing Ops to pay Rs.50,000/-as compensation for harassment and mental agony besides litigation expenses to complainant.

 

Complaint No.- 137 of 2018

2                                      Briefly stated, the case of the complainant is that complainant applied for succession certificate regarding release of amount in two FDRs bearing no.270085 and 0095001 dated 17.03.2011 and 18.08.2009 respectively which was deposited by deceased son of complainant with OP Bank and succession certificated was issued in favour of complainant vide order dated 20.03.2018 passed by the Court of Ld Civil Judge, Senior Division, Faridkot and thereafter, complainant presented the said order alongwith succession certificate to OP for release of amount of Rs.2,08,536/- to her pertaining to said FDRs, but  Ops released draft only for Rs.52,134/- and withheld the remaining amount and divided it into four shares without any order of the court. It is submitted that court determined only the share of other heirs but did not issue any certificate in their favour and thus, OP are required to make entire payment of Rss.2,08,536/-to complainant and other heirs can claim their share from her. It is further submitted that as succession certificate is issued in her favour and therefore, only she is entitled to receive all the amount. It is only the complainant who applied for succession certificate and filled the indemnity bond worth Rs. 2 lacs before the Court. Only complainant is entitled to receive the remaining amount for share of other legal heirs. Despite repeated requests, OP did not pay any heed to the genuine request of complainant to release the remaining amount pertaining to said FDRs in her favour, which amounts to deficiency in service on the part of OP. Complainant has prayed for accepting the complaint alongwith compensation and litigation expenses besides main relief. Hence, the present complaint.

3                                                Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 4.09.2018, complaint was admitted and notice was ordered to be issued to the opposite party.

Complaint No.- 137 of 2018

4                                              On receipt of the notice, OP filed reply taking preliminary objections that complaint in hand is not maintainable as he has concealed the material facts from this Forum. Though it is admitted that complainant applied for succession certificate and impleaded Harjot Kaur and Anmol Kaur both minors and Amarjit Kaur wife of deceased son of complainant as respondents and Court of Ld Additional Civil Judge (Sr Division), Faridkot vide its order dated 20.03.2018 gave succession certificate to complainant and held that minor daughters and wife of deceased son of complainant are equally entitled for share in said FDRs. Ops have duly complied with the order dated 20.03.2018 passed by the Hon’ble Court and released Rs.52,134/- i.e ¼ of Rs.2,08,536/-to complainant. Harjot Kaur and Anmol Kaur both minors and Amarjit Kaur wife of deceased son of complainant are necessary parties in present complaint, but complainant has not impleaded them in the array of Ops and moreover, complainant is not their consumer and this Forum has no jurisdiction to hear and try the present complaint. However, on merits, ld counsel for OP has denied all the allegations of complainant being wrong and incorrect and reiterated the same pleadings taken in preliminary objections. It is further averred that there is no deficiency in service on the part of answering OP and prayed for dismissal of complaint with costs.

5                                              Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The ld Counsel for complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-8 and then, closed his evidence.

 

 

Complaint No.- 137 of 2018

6                                               In order to rebut the evidence of the complainant, Counsel for OP-1 tendered in evidence affidavit of R K Meena as Ex. OP-1 and then, closed the evidence on behalf of OP.

7                                               We have heard learned counsel for parties and have very carefully perused the affidavits & documents placed on the file by complainant as well as opposite party.

8                                              From the careful perusal of record and after going through the arguments advanced and evidence led by respective parties, it is observed that case of the complainant is that complainant applied for succession certificate for obtaining amount in two FDRs which was deposited by deceased son of complainant with OP Bank.  The Court of Ld Civil Judge, Senior Division, Faridkot issued succession certificated in favour of complainant vide order dated 20.03.2018  and then she submitted the said order alongwith succession certificate to OP  and requested them to releasing the amount of amount of Rs.2,08,536/- to her pertaining to said FDRs, but  Ops released draft for Rs.52,134/- only and withheld the remaining amount and divided it into four shares without any order of the court. Grievance of the complainant is that only she is entitled to have all the amount as it was only she, who applied for succession certificate and filled the indemnity bond worth Rs. 2 lacs and thus, only complainant is entitled to receive the remaining amount of said FDRs and not the other legal heirs. Despite repeated requests, OP did not release the remaining amount pertaining to said FDRs in her favour, which amounts to deficiency in service on the part of OP. Action of OP in not redressing the grievance of complainant has caused huge harassment and mental agony to her. She has prayed for accepting the present complaint. In reply, plea taken by OP is that there is no deficiency in service on their part as they have

Complaint No.- 137 of 2018

fully complied with the order dated 20.03.2018 passed by the court of Ld Additional Civil Judge (Sr Division), Faridkot, which issued succession certificate in favour of complainant and held that respondents no. 2 to 4 i.e Harjot Kaur, Anmol Kaur both minors and Amarjit Kaur wife of deceased son of complainant are entitled to get equal share in said FDRs. As complainant is entitled for her one fourth share and therefore, in compliance of order dated 20.03.2018 of ld Court, OP released the amount of Rs.52,134/- i.e ¼ of Rs.2,08,536/-to complainant as per her entitlement. All the other allegations of complainant are sternly denied with prayer to dismiss the complaint.

9                                         It is observed that grievance of complainant is that only she applied for obtaining succession certificate before the court of Ld Additional Civil Judge (Sr Division), Faridkot, and only she furnished the indemnity bond and surety worth Rs. 2 lacs on behalf of her and other respondents i.e minor daughters and wife of her deceased son as succession certificate is released in her favour, therefore, only she is entitled to receive the entire amount of said FDRs and she herself would distribute the same to other co-shares and bank has no right of dividing the amount in four shares and are not entitled to withhold the said amount, which amounts to deficiency in service. It is made out that Opposite party has fully complied with the order dated 20.03.2018 passed by the court of Ld Additional Civil Judge (Sr Division), Faridkot, which is self explanatory and is beyond any doubt. This order clears the point that complainant is entitled only for one fourth of her share and not for the share of other legal heirs. Succession Certificate issued by ld court in favour of complainant entitles her to procure amount involved in her share and it cannot be apprehended that complainant is entitled to obtain the share on behalf of legal heirs. Opposite Party has not done anything inappropriate, rather have fully complied with the order of ld court.

Complaint No.- 137 of 2018

 

All the documents placed on record by OPs are authentic and are beyond any doubt, which make it clear that there is no deficiency in service on the part of OP.

10                                                From the above discussion and keeping in view the evidence and pleadings made by respective Parties, this Forum is of considered opinion that no loss has been caused to complainant and there is no deficiency in service on the part of OP. Hence, complaint in hand is hereby dismissed. However, in peculiar circumstances of the case, there are no orders as to costs. Copy of the order be supplied to parties free of costs as per law. File be consigned to record room.

Announced in open Forum:

Dated: 3.04.2019

(Param Pal Kaur)          (Ajit Aggarwal)

 Member                          President