NCDRC

NCDRC

RP/4802/2012

JOGINDER - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

IN PERSON

04 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4802 OF 2012
 
(Against the Order dated 13/09/2012 in Appeal No. 2139/2008 of the State Commission Haryana)
1. JOGINDER
S/o Shri Rajbir Singh, R/o Village Loharwala Tehsil Charkhi Dadri
BHIWANI
HARYANA
...........Petitioner(s)
Versus 
1. STATE BANK OF INDIA
Through its Branch Manager, Village Matanjail Tehsil &
JHAJJAR
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :IN PERSON
For the Respondent :

Dated : 04 Feb 2013
ORDER

PER JUSTICE K.S. CHAUDHARI, MEMBER This revision petition has been filed by the petitioner against the impugned order dated 19.7.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, he State Commission in Appeal No. 2139/08 SBI Vs. Joginder by which appeal filed by the OP/respondent was partly allowed and order granting compensation of Rs. 10,000/- by District Forum while allowing complaint was set aside. 2. Brief facts of the case are that Complainant father Shri Rajbir Singh was holding Current A/c. No. 01050065027 in the OP Bank. Rajbir Singh died on 13.7.2007 and his wife Smt. Santosh requested OP Bank to transfer current account amount in the name of Malik Ram, elder brother of deceased. As respondent did not transfer funds of the current account, complainant alleging deficiency of service filed complaint. OP-Respondent filed written statement and submitted that for transferring account of deceased, affidavits of all the legal heirs of the deceased were required and as necessary formalities were not completed, account of deceased Rajbir Singh was not transferred. After hearing both the parties, learned District Forum while allowing complaint directed OP to transfer the current account amount of Rajbir Singh into the account of Malik Ram and further directed to pay Rs.10,000/- as compensation. On appeal filed by the OP, learned State Commission vide impugned order modified the order of District Forum and order granting compensation was set aside against which this revision petition has been filed. 3. Heard the petitioner in person and perused record. 4. Petitioner submitted that on account of deficiency learned District Forum rightly awarded Rs.10,000/- as compensation and learned State Commission has committed error in setting aside order of District Forum granting compensation, hence, petition may be admitted. 5. Perusal of records reveals that OP was always willing to transfer deceased current account amount in the name of Malik Ram subject to completing all the formalities but as all the formalities were not completed, Bank did not transfer current account amount of deceased in the name of Malik Ram and in such circumstances, learned State Commission has rightly set aside order of granting compensation. Learned State Commission while accepting appeal partly, observed as under: rom the record it is established that the current account of the deceased Rajbir Singh could not be transferred in the name of Malik Ram for want of affidavits of the legal heirs of deceased Rajbir Singh in favour of Malik Ram. Since, the complainant has complied with the requirement of the Bank, District Consumer Forum has issued direction to the Bank-OP to transfer the current account amount standing in the name of deceased Rajbir Singh into the account of Malik Ram. However, at the same time we feel that the grievance of the complainant has already been redressed by the District Forum and therefore granting of compensation of Rs.10,000/- is unnecessarily on the Bank. Bank was always willing to transfer the current account subject to completing the formalities of submitting affidavits by the legal heirs of the deceased. But the District Forum has burdened the Bank with a compensation of Rs.10,000/- which was not warranted under the facts and circumstances of the case and therefore, to this extent the impugned order is set aside with respect to granting of compensation 6. I do not find any infirmity, illegality, material irregularity in the impugned order and State Commission has rightly set aside order of granting Rs.10,000/- as compensation and this revision petition is liable to be dismissed at admission stage. 7. Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to cost.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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