MR. PRABODHA KUMAR DASH, PRESIDENT:-                      

                       The C.C. Case No. 43/2019 alongwith I.A. Case No. 13/2019 are taken up today for order. Perused the documents available on record.

Brief Fact:-

                      The case of the Complainant is that, she is the wife of deceased Dhruba Ch. Khilar and her son Parikshit Khilar are being the legal heir of the deceased deposited in her saving Account Cuttack Central Co-Operative Bank Ltd., Garajanga Mini Branch, Marshaghai, Kendrapara. When they claimed the money in the said saving Account No., the Op No.2 refused the same and said there was a nominee at the time of opening of Account, Op No.1 as the nominee in the said Account. Op No.1 practiced fraud without knowledge of deceased succeeded to enter his name as a nominee in the deceased Account. The Op No.2 Mini Branch, Garjanga, Marshaghai refused to pay the said amount to the Complainants. There being nominated person therefore the nominee is entitled to the amount. The Complainant approached this Commission for instant relief in I.A. No. 13/2019.Wherein order dt. 02.08.2019 pleased to directed that OP No.2 not to disburse the amount to Op No.1 till disposal of C.C.No. 43/2019.

                   We found the Complainants produced before us the death certificate, legal heir certificates, wherein the Ld. Tahasildar, Marshaghai in M.C. Case No. 26/2018 declared both the Complainants as legal heir of deceased Dhruba Charan Khilar. The purpose of the certificate is for withdrawal of money.

                     The OpNo.3 submitted written version stating therein under the Banking Regulation Act,1949 in Sec-45(Z) that, the nominee is entitled to get the deposited money and OpNo.3 also stated that they are ready and wiling to abide by the order passed by this Honbl’e Commission and further stated that the issue involved complicated question which can’t be adjudicated by this Commission and the Complainants should approach appropriate Forum.

                       Before adjudication of the complaint the Complainants filed withdrawal petition on dt. 03/09/21 stating therein that, the Complainant filed Civil suit (Money suit) No. 20/2021 before Senior Civil Judge, Kendrapara and further prayed that for withdrawal of C.C.Case as well as I.A. Case.

                                                            ORDER

                      Taking into consideration of the above facts & circumstances of the case, the present C.C.Case No. 43/2019 as well as I.A. Case No. 13/2019 are hereby withdrawn as dismissed.

                         Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Court, this the 22th  day of August,2022.             

                                             I agree

                                               Sd/-                                       Sd/-

                                         MEMBER                             PRESIDENT