DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 368/2022
Date of Filing Date of Admission Date of Disposal
22.11.2022 29.11.2022 21.09.2023
Complainant/s:- | - Malabika Sarkar, D/o Sudhir Ranjan Sen and Priti Sen, Both since deceased of 10/4, P N. Middya Road, Belghoria, Kolkata – 700056.
- Nibedita Sarkar, D/o Malabika Sarkar & Sri Abani Sarkar, residing at 10/4, P N. Middya Road, Belghoria, Kolkata – 700056.
-Vs- |
Opposite Party/s:- | State Bank of India, Belghoria Branch carrying on business at and from 97, Feedar Road, Belghoria, dKolkata – 700056. |
P R E S E N T :- Smt. Sukla Sengupta……………...President.
:- Smt. Monisha Shaw………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.
The Complainant stated that the Complainant No. 1 is a retired central government employee before her retirement she along with her mother Priti Sen since deceased open a Savings Bank Account with State Bank of India, Belghoria Branch being A/c No. 11198767628 on 28/02/2014. The Complainant No. 1 and her mother residing in the same area at Belghoria. The Complainant No. 2 Nivedita Sarkar is the daughter of Complainant No. 1 and Grand-daughter of Priti Sen (since deceased). The said Priti Sen was a pension holder for self as school teacher drawing pension at and from Bank of Baroda and also she was beneficiary as widow pensioner on account of demised of her husband Sudhir Sen who had been a railway employee at Garden Reach Kolkata – 43 from State Bank of India, Belghoria Branch.
The Complainant No. 1 had been in possession of the joint savings bank account no. 11198767628 along with cheque book as trusted person of her deceased mother. The said Priti Sen distributed her fixed deposits amount kept in her name to her daughters, grand-daughter, son and daughter-in-law by creating nomination against fixed deposit amount handed over to different loved ones. She handed over a fixed deposit certificate of Rs. 4,13,436/- having duration one year having matured value of Rs. 4,44,017/- (auto renewal), on 20/10/2019 in the name of the Complainant No. 1 being certificate no. 34324516287 another certificate of Rs. 4,13,436/- with one year duration matured value of Rs. 4,44,017/- on 17/10/2019 was handed over to Complainant No. 2 Nivedita Sarkar after due execution of nomination. The said certificate is also auto renewal. Certificate A/c No. 34312918345.
The Complainant further stated that both the Complainants did not encash those two certificates during lifetime of said Priti Sen and naturally the certificates amount were auto renewed in the hands of the Opposite Parties. Naturally interest grew @ Rs. 32,000/- per year and matured value will be Rs. 5,40,000/- each. The said Priti Sen at the time of 2018 when she was bed ridden for years she had been under complete control of her son Partha Pratim Sen who did not allow the Complainant No. 1 to visit her ailing mother.
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C.C. No. 368/2022
The said Partha Pratim Sen in the context of ailing condition of his mother, had been withdrawing the entire pension amount of his mother on thumb impression on withdrawal forms at initial stage and thereafter through ATM card to satisfy his greed and thus entire liquid cash from his mothers savings bank family pension account number 11198905296 in State Bank of India, Belghoria Branch, and also from her own pension account at Bank of Baroda, Belghoria Branch by compelling his mother to put her thumb impression for the purpose of withdrawal cash at initial stage.
Complainant also stated that said Priti Sen died on 10/04/2022 at her own address and the Complainant No. 1 got the death certificate of her mother from Kamarhati Municipality and thereafter lodged the said fixed deposit certificate with Opposite Party State Bank of India, Belghoria Branch by placing original certificates for encashment with revenue stamp to be credit to her savings bank account with SBI of said branch. Complainant No. 2 in the same manner submitted FD certificate for encashment of the same on 31/05/2022. Copies of the said application along with copy of death certificate and copy of F D certificate each are enclosed with the complaint but the opposite party failed and neglected to credit the respective savings bank account without assigning any reason and remained mum.
The Complainant no.1 further stated that after enquiring she came to know that both the certificates were encashed long before by said Priti sen without any formal request on 2020 though who had no capacity to sign and speaking capacity and also stated that both the Original certificate were duly nominated in the name of the Complainants. More over the opposite party closed the savings account no. 11198767628 in the joint names of Priti Sen and Malabika Sarkar in the year 2019 and transferred the balance amount of the said account to family pension account of Priti Sen without intimation to the Complainant No.1. Then the Complainant No.1 wrote a letter dated 15.07.2022 through her Ld Adv. Sri Rajnarayan Datta and asking some questions but the opposite party neglected and failed to reply the said letter. As per the Complainants the cause of action arose of the instant complaint case on 31.05.2022 and the Complainants sent a notice against the opposite party.
Prayer of the Complainants:-
- The O.P be directed to pay the Complainants the FD certificates value of Rs. 5,40,000/- each i,e total Rs. 10,80,000/-
- The Complainants further pray for Rs.2,00,000/- each for mental agony and loss of peace on account of deficiency of service of the opposite party i.e total Rs.4,00,000/-.
- Cost of litigation of Rs.1,00,000/- each i.e total Rs.2,00,000/-
- Any other relief or reliefs to which the Complainants are entitled to get under law, equity and natural justice.
The opposite party received the notice on18.07.2022 but did not appeared before this commission and not filed any W/V within the stipulated period so the case do run exparte against the o.p from 21.01.2023.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
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C.C. No. 368/2022
Decision with Reasons
All the points are taken up together for convenience of discussion and to avoid unnecessary repetition.
On careful perusal of the materials on record it appears that this commission has ample territorial as well as pecuniary jurisdiction to file this case. Moreover from the materials on record it appears that the cause of action arose on 31.05.2022 and thereafter it was continuing till filing of this case and the complainant has filed this case on 22.11.2022 which is well within the period of limitation. Hence in all respect the case is well maintainable in the eye of law.
From the record it is evident that the Complainant No. 1 and Complainant No. 2 have two fixed deposits and its matured value is Rs. 5,40,000/- each on 20/10/2019 and 17/10/2019 and certificate nos. 34324516287 and 34312918345. The O.P encashed the fixed deposited though the original certificates copies are in the hand of the Complainants. But there is no provision to encash the fixed deposited amount which can be released without production of original certificates and the Opposite Party cannot close without intimation and without signature of the second party of the joint savings bank account.
From the evidence with affidavit filed by the Complainant it is evident that Malabika Sarkar is the daughter of Priti Sen and Nivedita Sarkar is daughter of Malabika Sarkar that two Complainants are the nominee of said Priti Sen and they have original fixed deposit certificate in their custody.
In view of the discussion made above it is held that the Complainants being the consumer could be able to prove this case beyond reasonable doubt and is entitled to get the relief as prayed for.
The case is properly stamped.
All the points are thus, decided in favour of the Complainants.
Hence, for ends of justice:
It is Ordered
That the instant case being no.CC-368/2022 be and the same is allowed ex-parte against the O.P with cost of Rs.10,000/-.
The O.P is directed to pay the matured value of the two fixed deposits certificate nos. a) 34324516287 of Rs. 5,40,000/- and b) 34312918345 of Rs. 5,40,000/- within 3 months from the date of delivery of judgment. The O.P is also directed to pay the litigation cost of Rs.5,000/- to the Complainants within 3 months from the date of delivery of judgment.
In default the Complainant is at liberty to put this decree into execution according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated and Corrected by me
Member
Member Member President
