Andhra Pradesh

Visakhapatnam-II

CC/252/2014

Puvvula Kesava Swamy - Complainant(s)

Versus

State Bank Of India - Opp.Party(s)

Puvvula Kesava Swamy, Inperson

31 Mar 2015

ORDER

 Reg. of the Complaint:12-08-2014

                                                                                                                                 Date of Order:31-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

TUESDAY, THE 31^st DAY OF MARCH, 2015

CONSUMER CASE NO.252/2014

 

BETWEEN:

PUVVULA KESAVA SWAMY S/O LATE RAMANUJAYYA,

HINDU, AGED 63 YEARS, R/AT PATRUDU COLONY,

NEAR ELECTRICAL POLE NO.SS47/A/7, LAXMIDEVI PETA,

ANAKAPALLI-531001, VISAKHAPATNAM.

…COMPLAINANT

AND:

CHIEF MANAGER, STATE BANK OF INDIA, NEHRU CHOWK,

ANAKAPALLE, VISAKHAPATNAM DISTRICT-530 001.

…OPPOSITE PARTY

This case coming on 30-03-2015 for final hearing before us in the presence of SRI P.KESAVA SWAMY, the Complainant, appearing in person and of SRI A.BHANUMATHI AND V.VISWANADHAM, Advocates for the OP, and having stood over till this date for consideration, this Forum made the following.

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1. The case of the complainant in brief is that the complainant is having a Bank Account bearing SB a/c 10667639932 with the Opposite Party Bank for his pension also under either or survivor vide pension payment order. The complainant stated that his wife Smt.Puvvula Nagaratnam expired on 06-11-2012 in Seven Hills Hospital, Visakhapatnam and after receipt of death certificate of his wife, he approached and submitted original death certificate of his wife for record purpose to the OP Bank for closing his wife’s name in the Account of the Complainant.  The Complainant asked the Bank Authorities to return the original death certificate of his deceased wife but the Chief Manager of the OP Bank did not return the same. In spite of several requests made by the complainant, the OP did not return the same. Then the complainant approached the Bank Ombudsman vide its letter dated 25-03-2013. The Bank Ombudsman vide its letter dated    22-10-2013, the bank has retained the original death certificate and advised the complainant to approach a Civil Court or such authority for redressal of his grievance. The OP gave the death certificate after 11 months. Hence, this complaint:

1. Direction to the Opposite Party to pay a sum of Rs.40,000/- as compensation;
2. Direction to the Opposite Party to pay a sum of Rs.10,000/- for mental agony in the stage of senior citizen/physically handicapped/cancer operated patient;
3. Direction to Opposite Party to pay a sum of Rs.8,000/- for general expenses; i.e., total Rs.58,000/-.

2.       The OP strongly resisted the claim of the complaint by contending as can be seen from its counter, the OP stated that the complainant did not take any steps for obtaining another set of death certificate from GVMC through mee-seva. Due to Samaikhyandhra Agitation by the AP State NGO’s there was inordinate delay to return the death certificate of the complainant’s wife. On receipt of the said death certificate, the OP called the complainant at his residence and explained the reasons for the delay and delivered death certificate of the complainant’s wife vide a letter dated 2-12-2013. The complainant acknowledged the same. So, they have no liability to pay any reliefs asked by the complainant.

3.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions. Exhibit A1 to A20 are marked for the complainant. Exhibits B1 to B4 are suomoto marked for the OP.

          Exhibit A1 is the Document issued by Chief Manager of SBI, Anakapalle, dated 22-12-2012, Exhibit A2 is letter by the complainant to the OP on 28-12-2012, Exhibit A3 is the death certificate of the complainant, dated 01-12-2012, Exhibit A4 is the application for Deceased Claim, dated 29-12-2012, Exhibit A5 is the appeal to Banking Ombudsman dated 25-03-2012, Exhibit A6 is the letter of Banking Ombudsman dated 22-10-2013, Exhibit A7 is the Bank Pass Book dated 29-12-2012, Exhibit A8 is the appeal to Appellate Authority, Mumbai, 30-10-2013, Exhibit A9 is the Chief Manager/SBI/Anakapalli Branch, dated 2-12-2013, Exhibit A10 is the Remarks of GVMC/AKP Zonal Commissioner, Exhibit A11 is the Original Death Certificate dated 6-11-2013/7-11-2013, Exhibit A12 is the appeal to Dy. Governor, RBI, dated 06-12-2013, Exhibit A13 is the Letter from RBI, dated 01-01-2014, Exhibit A14 is the Banking Ombudsman, Hyderabad letter dated 21-01-2014, Exhibit A15 is the RBI Letter dated 28-02-2014, Exhibit A16 is letter from APSCDRC, Hyderabad dated 03-09-2012, Exhibit A17 is the Physically handicapped certificate of the complainant dated 28-08-1993, Exhibit A18 is the Physically handicapped certificate, dated 26-06-1998, Exhibit A19 is the ID Card for physically Handicapped issued by Government of AP, Exhibit A20 is the Medical documents of the complainant dated 25-11-2011.

Exhibit B1 is the Letter issued by the Opposite Party dated 14-05-2013, Exhibit B2 is the Letter issued by the OP to the Banking Ombudsman, RBI, dated 09-07-2013, Exhibit B3 is the Letter issued by the OP to the Banking Ombudsman, RBI, dated 18-07-2013 and Exhibit B4 is the Letter along with death certificate issued by GVMC, Visakhapatnam.

4.       Exhibit A10 reveals that the complainant received original certificate from the Op on 2-12-2013, the complainant endorsed as the “original certificate received but not satisfied specified due to return back it after eleven months”.

5.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OP? if so, Whether the Complainant is entitled to the   reliefs asked for?

6.       After careful perusal of the case record, this forum finds that the OP did not return the original death certificate of Complainant’s wife within time in spite of several requests and reminders made by the complainant. Though the certificate is availed through mee-seva, but it is the duty of OP to safeguard the certificates which  were submitted by the customers. We are of the opinion that in the present compliant, the originals were misplaced by the Bank. So, they did not return the same within time even after several requests made by the Complainant. The OP obtained a new death certificate of complainant’s wife and gave it after eleven months to the complainant. According to Exhibit A10, the OP addressed a letter dated 02-12-2013 stating that they are ready to return the original certificate to the complainant. The OP failed to keep the records and also failed to return the original certificates which were asked by the complainant as per letter dated 12-12-12 which amounts to deficiency in service on the part of the OP.  Hence, the complainant is entitled to some compensation and costs too.

8.       In the result, this complaint is allowed, directing the Opposite Party to pay a compensation of Rs.5,000/- (Rupees five thousand only) and costs of Rs.2,500/- (Rupees two thousand and five hundred only) to the Complainant. Time for compliance, one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 31^st day of March, 2015.

   Sd/-                                                         Sd/-                                                   Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	22-12-2012	Document issued by Chief Manager of SBI, Anakapalle	Photocopy
A-2	28-12-2012	letter by the complainant to the OP	Photocopy
A-3	01-12-2012	death certificate of the complainant,	Photocopy
A-4	29-12-2012	application for Deceased Claim	Photocopy
A-5	25-03-2012	Appeal to Banking Ombudsman	Photocopy
A-6	22-10-2013	letter of Banking Ombudsman	Photocopy
A-7	29-12-2012	Bank Pass Book dated	Photocopy
A-8	30-10-2013	appeal to Appellate Authority, Mumabi	Photocopy
A-9	02-12-2013	Chief Manager/SBI/Anakapalli Branch	Photocopy
A-10		Remarks of GVMC/AKP Zonal Commissioner,	Photocopy
A-11	6-11-2013 7-11-2013	Original Death Certificate dated 6-11-2013/7-11-2013	Photocopy
A-12	06-12-2013	Exhibit A12 is the appeal to Dy. Governor, RBI	Photocopy
A-13	01-01-2014	Letter from RBI, dated 01-01-2014,	Photocopy
A-14		Letter from RBI, dated 01-01-2014,	Photocopy
A-15	28-02-2014	RBI Letter	Photocopy
A-16	03-09-2012	letter from APSCDRC, Hyderabad dated 03-09-2012	Photocopy
7A-17	28-08-1993	Physically handicapped certificate of the complainant	Photocopy
A-18	26-06-1998	Physically handicapped certificate	Photocopy
A-19		ID Card physically Handicapped issued by Government of AP	Photocopy
A-20	25-11-2011	Medical documents of the complainant dated 25-11-2011.	Photocopy

 

Exhibits Marked for the OP:-

Exhibits	Date	Description	Remarks
B-1	14-05-2013	Letter issued by the Opposite Party	Photocopy
B-2	09-07-2010	Letter issued by the OP to the Banking Ombudsman, RBI	Photocopy
B-3	18-07-203	Letter issued by the OP to the Banking Ombudsman, RBI	Photocopy
B-4	02-12-2013	Letter along with death certificate issued but GVMC, Visakhapatnam.	Photocopy

 

   Sd/-                                                         Sd/-                                                   Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER