West Bengal

Uttar Dinajpur

CC/19/38

Chanmoni Malpahari - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Bappa Saha

04 Sep 2019

ORDER

Before the Honorable
Uttar Dinajpur Consumer Disputes Redressal Forum
Super Market Complex, Block 1 , 1st Floor.
 
Complaint Case No. CC/19/38
( Date of Filing : 25 Jul 2019 )
 
1. Chanmoni Malpahari
Wife of Kamal Malpahari, daughter of Late Shrimanta Malpahari, Vill.: Sergram, P.O.: Krishnabati, P.S.: Kaliyaganj,
Uttar Dinajpur
West Bengal
2. Sukumoni Malpahari
Wife of Late Haridas Malpahari, Vill.: Sergram, P.O.: Krishnabati, P.S.: Kaliyaganj,
Uttar Dinajpur
West Bengal
3. Sasthi Malpahari
D/o: Haridas Malpahari, Vill.: Sergram, P.O.: Krishnabati, P.S.: Kaliyaganj,
Uttar Dinajpur
West Bengal
4. Mona Malpahari
S/o: Late Malpahari, vill.: Sergram, P.O.: Krishnabati, P.S.: Kaliyaganj,
Uttar Dinajpur
West Bengal
...........Complainant(s)
Versus
1. State Bank of India
Represented by the Branch Manager, Kaliyaganj Madanpur Branch, P.O. & P.S.: Kaliyaganj,
Uttar Dinajpur
West Bengal
2. The Regional Manager
State Bank of India, Karnajora, P.O.: Karnajora, P.S.: Raiganj
Uttar Dinajpur
West Bengal
3. State Bank of India
Represented by the Branch manager, P.O. & P.S.: Kaliyaganj,
Uttar Dinajpur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Md. Muizzuddeen PRESIDENT
 HON'BLE MRS. Rubi Acharjee MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 04 Sep 2019
Final Order / Judgement

Neither the complainant himself nor the Ld. Advocate for the complainant is present. No step is taken by the complainant.

 

Today is fixed for order in respect of admission of the case. There is no bar to pass order in absence of the complainant. The record is taken up for passing order.

 

The case of the complainant, in brief, is that the deceased Srimanta Malpahari had a savings account No.34949303630 lying with the State Bank of India, Madanpur Branch under P.S.Kaliaganj within the jurisdiction of this Forum and the deceased died on 20.01.2018 as per Xerox copy of death certificate. The complainants Chanmoni Malpahari, Sukmoni Malpahari, Sasthi Malpahari and Mona Malpahari to be legal heirs of the deceased. Chanmoni Malpahari is the daughter of the deceased. Sukmoni Malpahari is the daughter-in-law of the deceased. Sasthi Malpahari and Mona Malpahari are the grand daughter and grandson of the deceased. The claimants alleged that the concerned bank did not disburse Rs.15,827/- deposited in the above bank account though they requested the O.P.No.1 and O.P.No.2 ( bank concerned) to disburse the same. Accordingly they prayed for directing the O.P.No.1 and O.P.No.2 to disburse the said deposited amount and also claimed for compensation of Rs.50,000/-.

 

In support of their claim they filed Xerox copy of bank account, death certificate of the deceased and legal heir certificate issued by the Bhander Gram Panchayet.

 

Perused the complaint, Xerox copy of bank account and Xerox copy of the certificate of Panchayet. It appears that the deceased Srimanta Malpahari has S.B.Account being No.34949303630and the deceased died on 20.01.2018. But there is no whisper in the complaint how the daughter-in-law, grandson and grand daughter became the legal heirs of the deceased. As per complaint the cause of action of the case arose on 10.06.19 when they requested the O.P.No.1 to disburse the amount. But no such document has been filed by the complainant that the bank concerned refused to disburse the amount and even there is no reason explained in the complaint to show as to why the bank concerned refused to disburse the said amount in their favour. Even the certificate issued by the Panchayet regarding legal heirs cannot be relied upon. Further more no paper has been produced by the complainant to show whether they made any communication with the bank for disbursing the said amount. In such circumstances it cannot be said that there was any deficiency in service on behalf of the bank.

 

Under the above facts and circumstances we are of opinion that there is no material on record for admission of the complaint. Accordingly, the complaint is not admitted and as such this complaint case be and the same is dismissed.    

 
 
[HON'BLE MR. Md. Muizzuddeen]
PRESIDENT
 
[HON'BLE MRS. Rubi Acharjee]
MEMBER

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