TEJ NATH KANTRO filed a consumer case on 12 Mar 2018 against SENIOR POST MASTERS in the Jammu Consumer Court. The case no is CC/341/2017 and the judgment uploaded on 13 Mar 2018.
DISTRICTCONSUMERDISPUTES REDRESSAL FORUM,JAMMU
(Constituted under J&K Consumer Protection Act,1987)
.
Case File No. 245/DFJ
Date of Institution 17-09-2016
Date of Decision 21-02-2018
Tej Nath Kantro,
S/O Late Badri Nath Kantro,
R/O H.No.71,Lakkarmandi,
Housing Colony Timber Road,
Tehsil & Distt.Jammu.
Complainant
V/S
Senior Postmaster,
Head Post Office,
Jammu Tawi.
Opposite party
CORAM
Khalil Choudhary (Distt.& Sessions Judge) President
Ms.Vijay Angral Member
Mr.Ghulam Sarwar Member.
In the matter of Complaint under section 10 of J&K Consumer
Protection Act 1987.
Mr. P N.Bhat Advocate, for complainant, present.
Mr.Harshwardhan Gupta,Advocate for OP, present.
ORDER
Allegations of complainant as disclosed in the complaint are that his father opened account No.1171060 Branch Post Office,Janipur,Jammu having balance amount of Rs.1,54,730/-on,31-03-2013 and at the time of opening of account his father filed nomination form with registration No.2199 dated,16-10-1997 showing complainant as nominee, so that after his death the nominee shall be entitled to get the amount without any legal impediment. According to complainant, his father expired on,02-06-2013 leaving behind other legal heirs, as well as, the complainant, since the complainant was nominated as nominee by the deceased himself by filing the nomination form duly signed by him, enabling him to get the aforesaid amount lying in the account to the exclusion of other legal heirs without seeking the succession certificate from the competent court of jurisdiction and the purpose of filing the nomination form is only to avoid litigation amount the legal heirs after the death of principal account holder. Allegation of complainant is that he approached OP for payment of aforesaid amount being the nominee appointed by the deceased, but to the shock and surprise, he was asked to produce the succession certificate, wherein he has to approach District Court and is supposed to pay court fee. Complainant further submitted that he intimated to OP with a request that even from the perusal of pass book,nomination number is given which authenticates the fact that the deceased has filed the nomination form and after proper scrutiny of the nomination form,registration number has been issued.That the OP appears to have misplaced the nomination form of the father of complainant and now shifting the liability upon complainant to get the succession certificate. Complainant further submitted that he filed an application under RTI seeking information that kindly convey him the name of the nominee in pursuance of register No.2199,but the OP did not reply the RTI application with specific answer which constrained him to file first appeal before the Director Postal Services which is designated as 1st Appellate Authority in J&K Circle, but the OP has also avoided to provide required information, copy of registration number information provided by the OP and the order passed by 1st Appellant Authority are collectively annexed as Annexure-A.Constrained by the act of OP,complainant served legal notice upon OP and thereafter served him a reminder of said notice ,but did not yield any fruitful result and this act of OP constitutes deficiency in service hence the present complaint. In the final analysis, complainant prays for payment of Rs.1,54,730/-alongwith interest @ 9% from 31-03-2013 when the amount was due to be paid to complainant and in addition also prays for compensation of Rs.50,000/- for causing harassment and mental agony and also Rs.20,000/- as litigation charges.
On the other hand,OP filed written version and while resisting the complaint on the ground submitted that this Forum has no jurisdiction to entertain and try the present complaint. That the complainants do not fall within the definition of Consumer as defined in Section 2(d)of Consumer Protection Act. That the present complaint is hopelessly time barred. That there is no privity of contract between the complainant and the respondent. That the present complaint is not maintainable for want of proper and necessary parties, since the complainant has failed to array Union of India, Ministry of Communications and IT (Department of Posts)and Union of India, Ministry of Finance as party respondent in the present complaint which is a necessary party and as such the present complaint requires outright rejection. Further stand of OP is that since it is admitted position that there are other legal heirs also, other than the complainant and in the given situation under law, the amount cannot be sanctioned only to complainant ignoring other legal heirs of the deceased account holder and since the amount involved in the case is more than one lac and accordingly in order to avoid any multiplicity of litigation and any dispute, the complainant was under law advised to obtain Succession Certificate from the Competent Court of Law for final settlement of deceased claim as is required under “Rule 87 of the Post Office Saving Bank Manual Vol.1,but complainant refused to produce the same, copy of Rule 87 of the Post Office Saving Bank Manual Vol.1 is annexed as Annexure-1.
Complainant adduced evidence by way of duly sworn evidence affidavit and affidavits of Shabir Ahmed Bhat and Kiran Ji Koul,respectively.Complainant has placed on record copy of Saving Bank Ledger Card, copies of communications exchanged between the parties, copies of legal notices and copy of reply to legal notice.
On the other hand,OP adduced evidence by way of duly sworn evidence affidavit of B.L.Pandita Senior Postmaster Jammu Tawi.OP has placed on record Rule 87 of Post Office Saving Bank Manual Vol.1.
We have perused case file and heard L/Cs for the parties at length.
Briefly stated grievance of complainant is that his father opened account No.1171060 Branch Post Office,Janipur,Jammu having balance amount of Rs.1,54,730/-on,31-03-2013 and at the time of opening of account his father filed nomination form with registration No.2199 dated,16-10-1997 showing complainant as nominee, so that after his death the nominee shall be entitled to get the amount without any legal impediment. According to complainant, his father expired on,02-06-2013 leaving behind other legal heirs, as well as, the complainant, since the complainant was nominated as nominee by the deceased himself by filing the nomination form duly signed by him, enabling him to get the aforesaid amount lying in the account to the exclusion of other legal heirs without seeking the succession certificate from the competent court of jurisdiction and the purpose of filing the nomination form is only to avoid litigation amount the legal heirs after the death of principal account holder. Allegation of complainant is that he approached OP for payment of aforesaid amount being the nominee appointed by the deceased, but to the shock and surprise, he was asked to produce the succession certificate, wherein he has to approach District Court and is supposed to pay court fee. Complainant further submitted that he intimated to OP with a request that even from the perusal of pass book, nomination number is given which authenticates the fact that the deceased has filed the nomination form and after proper scrutiny of the nomination form, registration number has been issued. That the OP appears to have misplaced the nomination form of the father of complainant and now shifting the liability upon complainant to get the succession certificate. Complainant further submitted that he filed an application under RTI seeking information that kindly convey him the name of the nominee in pursuance of register No.2199,but the OP did not reply the RTI application with specific answer which constrained him to file first appeal before the Director Postal Services which is designated as 1st Appellate Authority in J&K Circle, but the OP has also avoided to provide required information. Constrained by the act of OP,complainant served legal notice upon OP and thereafter served him a reminder of said notice ,but did not yield any fruitful result and this act of OP constitutes deficiency in service.
On the other hand, stand of OP is that since it is admitted position that there are other legal heirs also, other than the complainant and in the given situation under law, the amount cannot be sanctioned only to the complainant ignoring the other legal heirs of the deceased account holder and since the amount involved in the case is more than one lac and accordingly in order to avoid any multiplicity of litigation and any dispute, the complainant was under law advised to obtain Succession Certificate from the Competent Court of Law for final settlement of deceased claim as is required under “Rule 87 of the Post Office Saving Bank Manual Vol.1, but complainant refused to produce the same.
After hearing L/Cs for parties at length and perusing the case file, in our opinion, point for consideration is, as to whether or not OP is justified in refusing to release an amount of Rs.1, 54,730/-lying in the account No.1171060 of the complainant.
Before touching the nub of dispute, it would be important to note that both the parties have lead evidence in the shape of evidence affidavits, which are more or less reproduction of respective pleadings,therefore, same need no reiteration.
As per Rule 87 of Post Office Saving Bank Manual Vol.I,wherein it is clearly mentioned as:
1) Basis of Settlement of ClaimsThe claim to be amount of Savings Bank Accounts standing in the name of deceased depositor may be made on the basis of
If the claim exceeds Rs.1, 00,000/-the claimant should be advised to obtain a succession certificate from a competent court of law or produce the probate of a will or letters of Administration of Estate of the deceased.
Note 1Claims relating to Saving Bank Accounts and Savings Certificates are settled under the provisions of different Acts, namely the Government Savings Bank Act,1873 and the Govt.Saving Certificates Act,1959.The limit upto which the competent authority can sanction claim as well the limit of Rs.1,00,000/-for insisting on legal evidence are to be applied to settlement of Savings Bank claims and Savings Certificate claims separately e.g. independently of each other.
Note 2:-When a minor on whose behalf a guardian has opened an account dies. The account will be dealt with as a claim case.
2) Account in respect of which nomination exists
In case the deceased depositor of the savings account has made a nomination and registered the same with the post office, the nominee/nominees of the deceased depositor are entitled to receive the amount at credit of the deceased depositor immediately after the death, irrespective of the amount, without production of legal evidence.
The claimant should be advised to submit the claim in the form given below alongwith proof of death of the deceased depositor and that of any nominee who has died. If there are two or more surviving nominees, they may claim jointly or separately.
So in the facts and circumstances of the case, the complainant claimed an amount of Rs.1,54,730/-,but as per Rule 87 of the Post Office Saving Bank Manual Vol.1 if the claim exceeds Rs.1,00,000/-,the claimant should be advised to obtain a Succession Certificate from a competent Court of Law or produce the probate of a will or letters of Administration of Estate of the deceased, therefore, we are of the opinion that complaint can be disposed of with a direction to OP to settle the case of the complainant after submission of Succession Certificate by the complainant within stipulated period.
Therefore, in view of the aforesaid discussion the complaint is disposed of with a direction to complainant to furnish Succession Certificate to OP within one month and thereafter the OP shall release the amount of Rs. 1,54,730/-lying in the account No.1171060 in favour of complainant within one month, positively and the report regarding release of amount in favour of complainant be submitted to this Forum.However,complainant is entitled to litigation charges of Rs.10,000/-.Copy of this order be provided to the parties free of costs. The complaint is accordingly disposed of and file after its due compilation be consigned to records.
Order per President Khalil Choudhary
(Distt.& Sessions Judge)
Announced President
21-02-2018 District Consumer Forum
Agreed by Jammu.
Ms.Vijay Angral
Member
Mr.Ghulam Sarwar Chauhan
Member
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