BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA Complaint No.15/ 29.1.2008 Decided on : 21.10.2008 Rajinder Kaur, Manjinder Kaur daughters of Jalour Sjingh son of Gurdial Singh resident of Khiwa Khurd , Tehsil and District Mansa ......Complainant. Versus Manager, Punjab National Bank Branch Hero Kalan, Tehsial and District Mansa. ..... Opposite Party. Present: Sh.Pawan Kumar Singla, Advocate, for the complainant. Sh..P.K.Singla, Advocate, For the Opp. Party . Before: Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER: Complainants namely Rajnider Kaur and Manjinder Kaur preferred this complaint on these premises. Rajinder Kaur complainant (referred to as CC) deposited in the fixed Deposit an amount of Rs.29000/- under the Fixed Deposit Scheme No.773. Similarly her sister(referred to as CC No.2) Manjinder Kaur deposited similar amount under Fixed deposited Scheme No.774 on 28.11.1994 with OP Bank. The FDRs were to mature after 10 years. CC grievance is that the op bank insteadof giving the maturity amount, extended upto 8.12.2007 whereas the FDR relating to Rajinder Kaur returned without extending it. CC further says that although they approached the OP time and again for encasement of the FDR but every time their request was turned of on the ground that without presence of Contd.............2..... /2/ Darshan Singh the said FDR cannot be encashed. Again on 28.12.2007 CC approached OP for encasement of FDR, but the later retained the FDR of Rajinder Kaur and returned the FDR of Manjinder Kaur CC. Then again on 2.1.2008 CC made similar request but nothing happened nor maturity amount of the FDRs were released to the CC despite a legal notice on 3.1.2008 send. CC alleging deficiency in service, the present complaint is filed asking the reliefs of directing the op bank to :a) release the maturity amount of FDRs b) pay to the CC an amount of Rs.20000/- as compensation and Rs.2000/- as litigation expenses. In reply, legal objections on the ground of maintainability and cause of action and non-joinder are taken up. OP Bank admits that the CCs are FDR holders in question but according to them the FDRs were not in the name of CCs only but the same were also in the name of Harnek Singh also jointly. Harnek Singh had already expired. In these circumstances OP Bank is unable to release the maturity amount without necessary succession certificate. Parties led evidence. Having heard the submissions made at the bar and after careful scrutiny of the evidence on record we find that the CC has made a case of deficiency in service on the part of the OP for these reasons. As already noticed, in reply it is not denied that the Ccs are FDRs holder in question but the only hitch expressed by the op bank in releasing the maturity amount is that the said FDRs are jointly in the name of the Manjinder Kaur as well as Harnek Singh and Darshan Singh. Therefore, without joining and in their absence maturity amount cannot be released as payment is to be made by the bank jointly in favour of the co-sharer and not to complainant alone which defence to us does not appear to be justified for the reason that it is the op admitted case. In reply in para No.4 of legal objection that the complainants were minor at the time of opening the account and the accounts were opened in the name of Contd...........3........ /3/ complainants through their mother, Beant Kaur, Harnek Singh and Darshan Singh which obviously means that the FDR amount was deposited by Beant Kaur in Ccs name through their mother and Beant Kaur relating Harnek Singh and Darshan Singh as guardian which fact is also quite discernible from the copy of the FDR ( exhibit C-6) as also from the account opening form (exhibit OP-1 and OP-2) plus the affidavit statement of Darshan Singh (exhibit C-3) who clearly states that the amount of FDR in the name of Rajinder kaur and in the name of Manjinder Kaur in the sum of Rs.29000/- which had been deposited by Beant Kaur with the Op bank and for these FDRs he alongwith Harnek Singh and Beant Kaur were mentioned as guardian. Mother of the CC who usually remained ill got the the FDRs in the name of the complainants on the ground that after her death as per necessity the remaining guardians could encash the amount. He goes on to depose on sworn information that neither he nor Harnek Singh had any share in these amounts nor the same had been deposited by them and it is the claimants who were entitled to get the FDRs encashed. Deposed that he and Harnek Singh were already guardian and due to misinterpretation the OP is harassing the complainants. In our discussion the affidavit exhibit C-3 puts a lid on the OP version that the FDRs were in the joint name of the complainants and also in the name of Harnek Singh and Darshan Singh. Mr. P.K.Singla, ld counsel for the op tries to bank upon the copy of the FDRs exhibit C-6 and copies of account opening form exhibit OP1, OP-4. No doubt it is indicated that the account is joint but what may not be lost sight of is that the said entries are in the hands of the officials of the op bank which cannot be interpreted but rather means that the FDR being only in the name of the complainants and not joint, as so clearly and unequivocally said by Darshan Singh also, undeniably figures on the said FDR being in the name of Rajinder Kaur and not as a co-sharer nor was their any occasions for making Harnek Sjingh and Darshan Singh as the joint holders of the FDR alongwith complainants who are Contd.........4...... /4/ minors at the time when accounts were opened. In such situation the conduct of the OP bank in keeping the complainants on tenter hooks amounts to deficiency in service on the part of OP bank on account of denying to them their legitimate right of getting the release of the maturity amount of FDR. In these premises we allow the complaint and direct the opposite party to: a) Release to the CCs the FDR amount in question. b) Pay to the CC a sum of Rs.5,000/- as compensation and pay a sum of Rs.1000/- as litigation costs. This order of ours shall be complied with within 60 days of its communication. A copy of this order be supplied to each of party free of cost. File be arranged, indexed and consigned to records. Announced: 21.10.2008. Neena Rani Gupta, Sarat Chander, Member. Member.
