This is a complaint made by Arkodeb Bhattacharjee, son of Sri Swapan Kumar Bhattacharjee, 344, Ashok Road, Ganguly Bagan, P.S.-Patuli, Kolkata-84 against State Bank of India, Bagha Jatin Bazar, 11, Dabur Park, Ganguly Bagan, P.S.- Patuli, Kolkata-84, praying for transfer the fixed deposits in the name of Complainant and for production of nomination register before the Ld. Forum and also compensation to the tune of Rs.2,00,000/- for mental harassment and agony and to pay litigation cost of Rs.25,000/-.

            Facts in brief are that Complainant is a consumer of the OP as per Consumer Protection Act. OP is a banking company carrying business amongst other places in India. Complainant submits that the mother of Complainant, Sibani Bhattacharjee since deceased maintained fixed deposit account with the OP and she mentioned the name of the Complainant as her sole nominee which was duly recorded by OP. Complainant personally verified the entries in the bank register. The fixed deposits were renewed from time to time. Complainant’s mother died on 20.10.2015. Complainant visited the OP to claim the deposited amount as nominee, where OP stated that the nominee paper is untraceable. Thereafter, OP stated that the name of Complainant has not been mentioned as nominee. Complainant pursued the OP to search the paper and asked them to transfer the account in his name, but OP did not oblige. So, Complainant filed this case.

Decision with reasons:

            Complainant filed affidavit-in-chief against which OP, State Bank of India, filed questionnaire to the Complainant to which Complainant replied. Complainant also filed additional affidavit-in-chief. OP filed evidence on affidavit to which Complainant put questionnaire and OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for. On perusal of prayer (a), it appears that Complainant has prayed for immediate transfer of all the said fixed deposits in the name of Complainant. In this regard, it appears that Complainant in his affidavit-in-chief has stated the facts which he has mentioned in the complaint petition. The basis of complaint is nominee in the accounts. Ld. Advocate for Complainant did not make any submission over the point that the nominee is entitled to get transfer of the account in his name if the mother or father dies. The submission was that the amount should be transferred. But, the prayer is otherwise. On perusal of the papers, it appears that Complainant is a nominee, but, since there is no law by which the account can be transferred  in the name of the nominee, we are afraid that the prayer of the Complainant can be allowed.

            Prayer (b) relates to the production of original nomination register before the Ld. Forum. This prayer has already been allowed and OP furnished the copy of the nomination register. As such, at this stage, there is no ground to allow this prayer.

            Prayer ( c ) is payment of compensation to tune of Rs.2,00,000/-. We do not find any material in the record on the strength of which the compensation can be allowed. It is because for allowing compensation circumstances and facts, conduct of the OP are essential. In the present complaint Complainant has not mentioned any conduct save and except that he attended the Bank on some occasions. Similarly, the prayer for litigation cost cannot be allowed because over all this complaint has been filed with a prayer which does not appear in accordance with law.

            Hence,

ordered

            CC/33/2016 and the same is dismissed on contest.