Delhi

East Delhi

CC/347/2014

SUNITA - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

06 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  347/14

 

Smt. Sunita Goyal

D/o Kanti Gupta

R/o 4/1637, Mahavir Block

Bhola Nath Nagar

Shahdara, Delhi – 110 032                                    ….Complainant

 

Vs.

 

The Manager

State Bank of India

G.T. Road

Shahdara,

Delhi – 110 032                                                            ….Opponent

 

Date of Institution: 22.04.2014

Judgment Reserved on: 06.04.2017

Judgment Passed on: 07.04.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Smt. Sunita Goyal against           the Manager, State Bank of India (OP), praying for directions to OP to transfer the amount in the account of the complainant,            Rs. 40,000/- as compensation on account of harassment and mental agony and Rs. 15,000/- cost of litigation. 

2.      The facts in brief are that mother of the complainant         Smt. Kanti Devi was having a saving account no. 31110204103 with State Bank of India.  In the month of October, 2011, she expired and made a will in the name of the complainant            Smt. Sunita Goyal.  It has been stated that as per will condition, Smt. Sunita Goyal was entitled to all property and accounts in bank.  She visited respondent’s bank and asked for transfer of all amount in her account.  The respondent’s officer told her to complete the formalities.  She submitted all the documents, however, the bank has not transferred the amount in her account no. 3023985704.  Thus, she has stated that non-transfer of amount in her account was a deficiency on the part of respondent and has prayed for direction to transfer all the amount in her account with compensation of Rs. 40,000/- on account of harassment, mental agony and pain alongwith Rs. 15,000/- as litigation charges.

3.      In the reply, State Bank of India have taken various pleas such as the complaint was not maintainable as the remedy was in civil court under Indian Succession Act.  There was no deficiency on the part of OP.  They have not denied the account of the complainant with the bank.  It has further been stated that in the case of will, the rights of the claimant has to be adjudicated by competent court and OP was advised accordingly.

4.      No rejoinder to the WS of OP have been filed by the complainant. 

5.      In support of its complaint, the complainant has examined herself on affidavit.  She has narrated the facts which have been stated in the complaint. 

          In defence, State Bank of India have examined Shri Vinayak, Assistant Manager, who has deposed on affidavit.  He has also narrated the facts, which have been stated in the WS.  He has also got exhibited copy of statement of account of the complainant (Ex.OP1/1).

6.      We have heard Ld. Counsel for OP as the complainant did not put the appearance and have perused the material placed on record.  The only argument which has been advanced on behalf of OP has been that the will on the basis of which the complainant was praying for direction to transfer the amount of her deceased mother was subject to civil court jurisdiction under the Indian Succession Act.  Admittedly, in a case of will, the rights of parties are governed under the Indian Succession Act.  Under the Indian Succession Act, it is only the District Court, which is having the jurisdiction to adjudicate the rights of the parties.  Since her right has not been determined by the civil court, she cannot have a complaint alleging any deficiency on the part of State Bank of India.  That being so, her complaint is devoid of any merit which deserves its dismissal and the same is dismissed.  There is no order as to cost.    

          Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                         (HARPREET KAUR CHARYA)

Member                                                      Member           

     

 

  

   (SUKHDEV SINGH)

             President