Order-23.
Date-04/05/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint submitted that complainant is the only son of one Biswambhar Mishra who have one Fixed Deposit at the OP Bank being FD account No.142100DM00001428 and S.B. Account No.1421000109123460 and in both cases complainant is the nominee of the said account and the FD Account but Biswambhar Mishra died on 09-04-2014 at Amritsar in the state of Punjab and on his death complainant filed one claim form on 21-04-2015 before the bank along with Voter Identity Card, Adhar Card et. For release of the said amount but said OP liquidate the money and credited the said saving account in which the said cash certificate is linked but suddenly the Bank account of the FD was made freeze and the said SB account and make a new FD in the name of the deceased Biswambhar Mishra for one year and on 22-04-2015 complainant gave one letter to open the fridge account but said bank replied that one Bijay Kumar Mishra submitted objection in this account and that person is given nomination of the said FD and SB account is only eligible for getting back the said money no legal heir cannot make any objection and bank cannot withhold such money illegally without any order from competent court of law and said bank has performed negligence and deficiency of service in withholding the said account and fridge the said account and for which complainant has filed this complaint for redressal.
On the other hand, PNB OP submitted that the claim form on 21-04-2015 along with required document and original FD certificate and truth is that in the said document complainant’s name is noted as nominee. But the allegation made by the complainant that OP bank liquidated the money and credited the savings account in which the cash certificate is linked is not at all a fact but truth is that on the basis of complaint made through the Ld. Lawyer on behalf of the Bijay Kumar Mishra the said account has not been released and withhold the said amount and asked the complainant to bring legal heir certificate from such competent authority.
It is specifically mentioned by the OP that it is the legal rights of the bank to withhold any amount or account subject to any doubt regarding the disputes between two or more claimants of the account and bank has no negligence and deficiency in this regard but dispute is there in between the complainant and another one Bijay Kumar Mishra who is also legal heir of Biswambhar Mishra. Moreover, this legal battle regarding heir-ship cannot be decided by the Forum but it must be decided by the competent court of law and if complainant produces his legal right to withdraw in that case it shall be possible to release and complainant is already informed to that effect.
Further OP challenged the jurisdiction on the ground that entire transaction took place at Chinsurah and no part of transaction took place within the jurisdiction of this Forum for which the Forum has no jurisdiction to decide the same.
OPs 2 to 6 admittedly the legal heirs of Biswambhar Mishra who have submitted that Avijit Mishra is entitled to get 1/6th share over the said account and the FD and OP2 to 6 are entitled to get 5 shares out of 6 shares over the entire amount. Further it is submitted that Avijit Mishra is the illegitimate child of Late Biswambhar Mishra and Avijit Mishra is being a nominee of the scheduled mentioned SB Account and fixed deposit cannot claim the entire amount. Further it is submitted that Gulabi Devi is the legally married wife of deceased Biswambar Mishra and OP4 to 6 Bijendra Kumar Mishra, Vidyanand Mishra and Smt. Kushum Pathak (Mishra) are sons and daughter of Biswambhar Mishra and moreover no part of transaction was made within the jurisdiction of the Forum so the complaint should be dismissed.
Further it is submitted by the OPs 2 to 6 that it is a dispute of heirs, so, it is to be decided by the Civil Court and legal order can only be passed by the competent court of law and without production of the Succession Certificate the present dispute cannot be properly solved.
It is also submitted that a Civil Suit being No.96 of 16 already filed by OPs2 and 3 against complainant and OP bank in respect of the present FD Account and Savings bank account and Civil Court has restrained the OP No.1 including the complainant and the bank to disburse the same and till disposal of the said Civil Suit so, the present case is not maintainable.
So, they prayed for dismissal of this case.
Decision with Reasons
On proper consideration of the complaint and written version and also considering the entire materials it is found that no doubt the FD account No. 142100DM00001428 and S.B. Account No.1421000109123460 were opened by Biswambhar Mishra at Chinsurah Branch at Punjab National Bank. Admitted position is that Biswambhar Mishra during subsistence of his first married wife Gulabi Devi OP2 again married with one lady Padma Mishra but as per Hindu Succession Act Padma Mishra is not entitled to get any benefit of inherence on the death of Biswambhar Mishra and said marriage is void as per Hindu Marriage Act and admitted position is that OPs 2 to 6 are the legal heirs of Biswambhar Mishra and as per provision of Section 16 of Hindu Marriage Act complainant is entitled to get one share as per law.
Admitted position is that complainant is the nominee of the said account but fact remains already the matter is pending before Civil Judge, Junior Division Hooghly Sadar regarding the determination of heir-ship and the claim of the complainant and the OP2 to 6 and admitted fact is that the said dispute can only be decided by the Civil Court, when competent court of law to grant Succession Certificate is Civil Court not the Forum. However, fact is that no part of transaction took place within the jurisdiction of this Forum. Another factor is that if there is any dispute regarding the claim that can only be decided by the competent Civil Court and that is under process and when the Civil Case has been filed for determination of heir-ship, determination of other matters and present dispute and present complainant and bank are restrained by the Civil Court, we are convinced to hold that the entire dispute is pending before the Civil Court for decision and in competent jurisdiction for which we are convinced to hold that the present complaint is not maintainable in this Forum.
Another factor is that no part of transaction was taken place within the jurisdiction but only for purpose to create the jurisdiction the present complaint was filed by adding Regional Office, PNB as party. So, apparently this Forum has no jurisdiction to decide the same when the matter is already pending before of the Civil Court who is the competent authority to decide it and, in fact, negligence, deficiency etc. are not the subject matter of this dispute. Legal dispute is to determine the heir-ship and the share of the legal heirs on the death of Biswambhar Mishra.
In the result, the complaint fails.
Hence,
Ordered
That the case be and the same is dismissed on contest but without any cost against the OPs on the ground that this complaint is not maintainable before this court of law.
