BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 137 of 2021
Date of Institution : 26.07.2021.
Date of Decision : 06.09.2022.
- Narender Kaur, aged 55 years wife of late Shri Malkiat Singh,
- Gurpreet Singh, aged 38 years son of late Shri Malkiat Singh, both residents of House No. 161, Gobind Nagar, Sirsa, District Sirsa.
……Complainants.
Versus.
1. The Branch Manager, State Bank of India, Hisar Road, Sirsa.
2. The Regional Manager, State Bank of India, R.B.O., Dabwali Road, Sirsa.
3. The General Manager (GM), State Bank of India, Local Head Office, Bank Square, Sector 17-B, Chandigarh.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR …………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
SH. SUNIL MOHAN TRIKHA………… MEMBER
Present: Sh. D.S. Sandhu, Advocate for complainants.
Sh. H.S. Aulakh, Advocate for opposite parties.
ORDER
The present complaint has been filed by complainants against the opposite parties (hereinafter referred as OPs) with the averments that late Shri Malkiat Singh son of Shri Boor Singh, resident of Gobind Nagar, Sirsa husband of complainant no.1 and father of complainant no.2 was maintaining a saving back account with op no.1 bearing account no. 32727357878. He was also having joint account no. 32730970731 with complainant Smt. Narender Kaur and join account no. 31470632830 with complainant Gurpreet Singh. That account holder Shri Malkiat Singh died on 14.09.2020 and information about his death was given by complainants to op no.1. It is further averred that complainants do not have any information about the details of above said accounts which were opened by Shri Malkiat Singh with op no.1. That complainants being widow and son and also being the legal heirs of late Sh. Malkiat Singh made a written request to the op no.1 on 5.2.2021 for providing/ supplying the details of above said account, its account statement from the day of its opening till end, detail of ATM card, credit card issued on this account, insurance policy issued on the above accounts, detail of any insurance policy/ cover note issued as per the Social Security Insurance Policy as per the policy of Central Govt. of India on payment of Rs.12/- or Rs.330/- per annum as insurance premium and any other insurance policy/ cover note any other benefit issued against the above said saving bank accounts. But however, bank authority has refused to entertain the application of complainants and also refused to give any information to the complainants despite repeated requests made by the complainants and ops have not given any written reply to the complainants. That complainants being widow and son and legal heirs of late Sh. Malkiat Singh are legally entitled to get the desired information and ops are under legal obligation to provide such details to the complainants. The complainants also got served a legal notice upon ops on 8.6.2021, but till date, no response has been given by the ops to the same. The ops by their such act and conduct have committed gross deficiency in service towards the complainant and have put them to suffer unnecessary harassment and mental agony. Hence, this complaint seeking direction to the ops to provide/ supply the above required information to the complainants and also to pay an amount of Rs.50,000/- as compensation for harassment and also to pay a sum of Rs.11,000/- as litigation expenses to the complainants.
2. On notice, opposite parties appeared and filed written statement taking preliminary objections that complaint is bad for non compliance of Section 35 (C) of Consumer Protection Act, 2019, therefore, present complaint cannot proceed any further and is liable to be dismissed on this very score, that complaint is not maintainable in the present form, that complainants have got no locus standi to file the present complaint, that complaint is bad for non joinder of necessary parties as all the legal heirs of deceased account holder Shri Malkiat Singh have not been impleaded as parties to the present complaint and that complainants have concealed and suppressed the true and material facts from this Commission. On merits, while submitting that opening of above said accounts are matter of record, it is submitted that complainants had/ have the complete knowledge of details of the above accounts as the same have been duly quoted/ mentioned by them in the present complaint. It is further submitted that no such application dated 5.2.2021 was ever given by complainants to op no.1. The pass books of the saving bank always remain in the custody of the account holders and account holder regularly maintain their respective pass books. The complainants themselves are joint account holders in account no. 32730970731 and 31470632830, so they have the custody of the respective pass books of these accounts with them. As regard the account no. 32727357878 which is in the name of deceased Shri Malkiat Singh, his all legal heirs who have been duly declared as legal heirs by the competent court of law have a right to assess this account. The bank cannot disclose the details of this account to any individual. Account No. 32727357878 is having zero balance. ATM on this account was issued in 2017, which was got blocked by the account holder on 27.11.2017. It is further submitted that as regard account no. 32730970731, ATM card was got issued by the account holder was lastly issued on 15.5.2019. As regard account no. 31470632830 ATM card was lastly issued on 8.11.2018. The bank does not issue any credit card. As regard issuance of the insurance policies under social security insurance schemes, it is submitted that these schemes are formulated either by State Govt. of the Central Govt. and such policies are issued at the discretion of the account holders and not by the bank at its own level. It is further submitted that from the perusal of the above detailed accounts, no insurance premium was deducted from these accounts, which shows that the account holders did not avail these insurance policies. Moreover, the Pardhan Mantri Suraksha Bima Yojna and Pardhan Mantri Jeevan Jyoti Bima Yojna are issued on yearly basis from 1st June to 31st of May. The complainants never moved any application to the bank, so the question of not entertaining the same does not arise at all. It is further submitted that details of account of a deceased account holder can only be given to the legal heirs, duly declared by competent court of law and not to any other person. The customers of the bank who have their saving bank account can up date their account pass books at bank premises on any working day during working hours as the bank have installed automatic pass book updation machines in the branch office of the bank and if the machine is not working, then the pass book can be got updated from the official of the bank. Remaining contents of the complaint are also denied to be wrong and prayer for dismissal of complaint made.
- In order to prove complaint, complainants have tendered affidavit of complainant no.2 as Ex.CW1/A and copies of documents i.e. application dated 5.2.2021 Ex.C1, postal receipt Ex.C2, delivery report Ex.C3, adhar cards Ex.C4, Ex.C5, legal notices dated 8.6.2021, postal receipts Ex.C7 and delivery reports Ex.C6 to Ex.C14 and copies of ATM cards Ex.C15 to Ex.C17.
- On the other hand, ops have tendered copies of documents i.e. copy of statement of account of account no. 32727357878 Ex.R1, ATMs cards status report Ex.R2, statement of account of complainant no.1 Ex.R3, her ATM card status report Ex.R4, statement of account of late Sh. Malkiat Singh Ex.R5 and ATM cards status report Ex.R6.
- We have heard learned counsel for the parties and have perused the case file carefully.
- Learned counsel for complainant contended that deceased Malkiat Singh husband of complainant no.1 and father of complainant no.2 was having his saving account as well as joint accounts with complainants with op no.1 bank and Sh. Malkiat Singh died on 14.09.2020. Both the complainants were having no information about the details of above said accounts opened in the bank and complainants had written a letter dated 5.2.2021 and applied for the statements of accounts from opening dates till last transactions/ end dates, details of ATM cards, credit card and insurance policies issued on the above said accounts, detail of any insurance policy/ cover note issued as per the Social Security Insurance Policy as per policy of the Central Govt. of India on payment of Rs.12/- or Rs.330/- per annum as insurance premium but despite the request and legal notice, no information has been supplied and prayed for acceptance of the complaint.
- On the other hand, learned counsel for ops has contended that complaint is not maintainable as per Section 35 (C) of the Consumer Protection Act, 2019 and secondly no legal heirs certificate has been placed on record to file the present complaint as there are other legal heirs of deceased Sh. Malkiat Singh. Counsel for ops further contended that all the record of the ATM cards, pass books and details of their accounts are with the complainants and no premium has ever been deducted and deceased Malkiat Singh had not purchased any insurance policy through the bank and prayed for dismissal of the complaint.
- We have duly considered the rival contentions of the parties. Admittedly, Sh. Malkiat Singh now deceased husband of complainant no.1 and father of complainant no.2 was having his saving account with op no.1 bank and he was also joint account holder with complainants. The main grievance of complainants is that bank has not supplied details of above said accounts, account statements from the date of opening till end, detail of ATM card, credit card and insurance policy issued on the above said accounts and also detail of any insurance policy/ cover note issued as per the Social Security Insurance policy as per the policy of Central Govt. of India on payment of Rs.12/- or Rs.330/- per annum as insurance premium. Although, pass books, ATM cards and all other record regarding insurance policy, if any purchased by deceased Malkiat Singh may be in possession of Malkiat Singh, since deceased or complainants but as deceased Malkiat Singh and complainants were maintaining their accounts in the ops bank, a direction is required to be given to supply all the records of bank accounts of deceased and complainants including statements of accounts from the date of opening of accounts till death of Sh. Malkiat Singh and till last transactions of the accounts of complainants. Since both the complainants were having joint accounts with deceased Malkiat Singh, certificate of legal heirs/ LRs is not required to proceed with the present complaint and therefore, preliminary objections and objection taken by ops on merits are turned down.
- In view of our above discussion, we allow the present complaint and direct the opposite parties (especially op no.1 bank where complainants alongwith deceased are having accounts) to supply all the records of bank accounts of deceased Malkiat Sinh and complainants including statements of accounts from the date of opening of accounts till death of Sh. Malkiat Singh and till last transactions of the accounts of complainants within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated:06.09.2022. District Consumer Disputes
Redressal Commission, Sirsa.
