Orissa

Jajapur

CC/33/2016

Kalpataru Ojha - Complainant(s)

Versus

SBI Jaraka Branch. - Opp.Party(s)

Rohini kanta Pattanaik,Braja Kishore Nayak,R.C.Das

24 Mar 2018

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                              Dated the 24th day of March ,2018.

                                                 C.C.Case No.33 of 2016

Kalpataru  Ojha  ,  S/O Late Bharat Ojha   

Vill. Sahaspur ,P.O. Nalipur

P.S . Mahanga, Dt. Cuttack

                                                                                                                            …....Complainant .                                                                       .

                   (Versus)

1. State Bank of India , Jajpur Branch , At/P.O/ Jaraka

P.S.Dharmasala, Dt. Jajpur.

      2. Bibhuprasad Moharana ,S/O Late Ananta Moharana,

         Vill.Koliatha (Manikapal) P.O. Basudevpur

         P.S.Mahanga,Dt.Cuttack.

                                                                                                                      ……………..Opp.Parties.          

For the Complainant:                               Sri R.K.Pattnaik, B.K.Nayak, R.C.Das, Advocates.

For the Opp.Parties : No.1.                       Sri P.K.Daspattnaik, Advocate . 

For the Opp.Parties No.2:                         Sri S. Sahoo, Sri R.K.Sahu,Advocates .

                                                                                      

                                                                                                Date of order:  24. 03.2018.

MISS  SMITA  RAY  , LADY  MEMBER  .

Deficiency in Banking service is the grievance of the petitioner.

            The fact in brief as per complaint petition is that  the complainant being the beneficiary of the account opened by his  wife has filed the consumer complaint challenging the action of the Bank in making pre-condition to  release of the amount which is lying in the account of his late wife Sanjukta Moharana.

            The wife of the complainant while serving as a trained graduate teacher in Barabati Girl’s High school she has opened a saving bank account bearing No.31011190907. In the said account her salary was being credited by the school authorities. As the matter stood thus while the wife of the complainant was returning from the school she met with an accident on 12.09.13 nearby Jaraka and due to such accident she suffered severe bodily injuries and despite of all possible treatment at Dharmasala C.H.C and S.C.B  Medical, Cuttack  she breathed   her last on 12.09.2013.

            After the death of  the wife ,  the complainant verified the pass book and  from the said pass book it reveals a sum of Rs.2,39,423/- lying in the account of his wife . Immediately  the complainant contacted the O.P for withdrawal of the amount but the O.P.no.1  bank made  pre-condition to  release  the amount . Those conditions are 1. Production of original pass book, 2. Death certificate and 3. Presence  of nominee..

            The complainant after receipt of the aforesaid letter he submitted original pass book, death certificate, legal heir certificate but however the complainant express his inability to produce the attendance of nominee. Despite receipt of the aforesaid documents the O.p.no.1 did not release the aforesaid amount .

            Accordingly  the petitioner knocked the door of this fora with the prayer to direct the O.P.no.1  to disburse  the amount lying in the account No. .31011190907    of Rs.2,39,423/ along with  interest at the rate of  9%  amounting Rs.1,00, 000/-  and  compensation of Rs.50,000/- as well as   Rs. 20,000/  for cost of litigation.

            After notice the O.P.no.1 entered appearance through their learned advocate  and filed the written statement stating that since the account holder has nominated to  O.P.no.2  Bibhu Prasad Moharana to be nominee as per banking  regulation and norms . it is nominee who is entitled to receive the amount in question but not the present complainant .Therefore the bank                           after receipt of the death intimation from  the complainant  had  requested the complainant  to come with  the nominee along with necessary particular .As such  the bank has not  committed any deficiency of service and unfair trade practice .

            For the reason stated above the complaint petition filed by the petitioner is liable to be dismissed.

            The O.P.no.2  entered into appearance through their learned advocate  and stated in his  written version  that the complaint case is not maintainable and liable to be dismissed. That the complaint filed a complaint case seeking a direction to O.P.no.1  for disbursment of deposited amount in respect of account no.31011190907 to the complainant . In support of such relief the complainant  pleaded that the  amount has been  deposited by his deceased wife.   On the basis of aforesaid plea,  the consumer dispute before this  forum  is not maintainable as per law. Hence

neither the complainant is a consumer nor the dispute can be resolved before this  Forum . As per provision of Hindu  Succession Act   the bank  disbursed the amount   in favour of only one claimant or can this court also issue such a direction which is within the jurisdiction of competent Civil court The complainant has neither filed the Succession  Certificate nor  made any prayer to declare him as only Successor of deceased Sanjukata  Moharana  as per  Hindu Succession  Act.  Hence the relief claimed by the complainant can not be granted as  the same is beyond the jurisdiction of this court .

            More ever the present dispute is not maintainable since it  is barred by limitation as per 24(a) of C.P.Act. since  the  present dispute  relates to Hindu Succession Act,    the complainant is at liberty to approach the Civil Court .                    

            On the date of hearing we heard the argument from the learned  advocate  for each of the parties.

Perused the record alongwith documents  and citations in details  and  observed that

*.It is undisputed fact that the complainant’s  wife was a S.B account holder  bearing  A/C  No. 310111190907   before O.P .No.1

*.It is also undisputed fact that after the death of the complainant’s  wife the amounts deposited in the above cited  S.B account,  the complainant being the husband  claimed such amount before O.p.1 .The O.p.1 required some documents like legal heir  certificate  and death certificate etc.

*.But the o.p.1 advised the complainant vide  letter dt.19.,01.16 “ please call on us in any working day along with  for nominee for disposal of the balance amount lying in the above mentioned account.”since  the o.p.no.2 is the nominee of the above account which was   nominated  by the original  S.B account holder .

 Accordingly the complainant has filed the above dispute citing  the reference of the  observation of Hon’ble Appex court and High court which relates  the event of fact of Insurance policies.  Under the above circumstances we are inclined to hold that the o.p.no. 2 undoubtedly the nominee of the S.B account but  the complainant is also  the husband and legal heir of the  S.B account holder .Accordingly  we disposed of the dispute as per observation of Hon’ble N.C reported in  F.A No.39/1992 (Shubhangi Shivajirao Ghatge Vr L.I.C of India . wherein it is held that “ Consumer protection Act-1986,sec-21-Insurance –Nominee-Another legal heir making claim-company not bound to whole amount to nominee “.

 In view of the aforesaid observation the petitioner is required to approach the Bank   with     the nominee for release of the amount deposited in the alleged account of his deceased wife .

Hence this Order:

            We direct the petitioner to approach the Bank with the nominee on any working day for released of the amount deposited by  his deceased wife. No cost.

                        This order is pronounced in the open Forum on this the 24th day of March,2018 under my hand and seal of the Forum.