This is an application u/s.12 of the C.P. Act, 1986.

          Complainant Minati Mukherjee, the widow of Chittaranjan Mukherjee by filing this complaint has submitted that her husband was the employee of a small private firm and as he earned poor salary, he could not save money but considering the future and for his family’s minimum need after retirement saved small amount for future protection and for that purpose he opened a SB A/c. with SBI, Esplanade Branch, being SB A/c. No.01190006595(old)/1114064801 (new core banking) and from the entry in the pass book it is clear that the SB account was opened jointly with his wife but unfortunately husband of the complainant died intestate on 08-02-2010 leaving behind his wife, one son and one married daughter and on his death complainant became helpless and could not find way how to survive.

          After death of her husband complainant went to the Bank and updated the pass book and found balance is Rs.2,90,281/- upto 31-12-2011 together with the accrued interest so, complainant requested the OP3 to allow her to withdraw money from the said SB A/c. as joint holder but OP3 did not allow.  Then the complainant requested the OP3 to close the said account and transfer the entire money to her SB A/c. No.01190009868 with the SBI, Jadavpur Branch but that was also refused.

          In the above situation complainant wrote a letter to the OP3 on 30-01-2012 but OP3 was sitting idle thereafter legal notice dated 04-05-2012 was issued by the Ld. Advocate of the complainant and sent by Speed Post and requested the OP2 to close the said SB A/c. of the husband of the complainant and transfer the balance to the complainant’s SB Account.  Against that OP3 sent a reply to their Ld. Advocate on 10-05-2012 enclosed with revised claim format for disposal of balance in the account of the deceased.  Thereafter, complainant was called on by the OP2 to rectify the defects in the format and after rectification the complainant submitted the claim documents again by her letter dated 07-11-2013 but placed to the said bank on 26-11-2013 which was received on the same date.  But again OP2 by a letter dated 04-12-2013 informed her that due to some irregularities in the documents they are unable to process the same and to come to the bank to rectify the irregularities.  Accordingly complainant rectified the irregularities as per the instruction of the OP2.  Thereafter they did not comply the same so, Advocate’s Letter was sent on 31-01-2014 but no reply was received by the complainant and so for the laches and negligent manner of service on the part of the OPs complainant has been suffering much and for which complainant has prayed for direction upon the OP to close the SB Account and also for compensation and damages for harassment of a senior lady citizen etc.

          OPs by filing written statement submitted that the entire complaint is false, vexatious and frivolous one.

          It is admitted that deceased husband of the complainant opened a Savings Bank Account with the SBI being SB A/c. No.01190006565(old) which was subsequently changed being No.1114064801-8 (New Core Banking) but the said account was not joint account and it was only in the name of the deceased husband of the complainant as a single holder of saving bank account which is well within the knowledge of the complainant and since there is no name of the complainant and this is not a joint account so there is no scope to allow the complainant to withdraw the money from the said account as joint holder and also on the request of the complainant to close the account of her deceased husband and transfer the entire money to her SB Account No.01190009868 with State Bank of India, Jadavpur Branch but  the OP3 assisted the complainant to apply in proper manner and format so that she may be handed over the savings of her deceased husband.

          It is specifically mentioned that OP3 took the necessary initiative to help the complainant in the matter and also enquired into the matter but the complainant without cooperating with the OP3 prematurely sent a legal notice with a mala fide intention to harass the OP3.

          It is specifically mentioned by the OP3 that they enquired into the matter and from the records it appeared that aforesaid SB A/c. being No.1140648018 is maintained in the single name of Chittaranjan Mukherjee, since deceased and no nomination is registered against the aforesaid Savings Bank Account maintained by deceased husband of the complainant so the OP3 requested the complainant to comply with the technical formalities as per the banking rules and regulations before effecting the transfer of the fund of the deceased husband of the complainant and OP3 adequately replied to the legal notice dated 04-05-2012 and also assisted the complainant with the revised format so that she may be able to place her claim in proper format.

          Further it is submitted that the complainant was called in the office of the OP2 for rectification of the defects in the revised format submitted by the complainant, only to help the complainant to expedite the process of her claim.  But even after filing of the revised claim submitted by the complainant it contained some irregularities and therefore the OP2 asked the complainant to come to the office of the OP2 to rectify those irregularities and in fact, informed the complainant the reason as to why they are unable to process the documents of the complainants and requested her to comply with the same.  but as because revised claim form and format was not duly filled up with all the information, the complainant never took any initiatives to fill up the said form or submit a fresh form duly filled in and in fact, there was no negligence and deficiency on the part of the OP and for which the present complaint should be dismissed but OPs are always willing to release the fund but complainant is compelled to fill proper revised form duly filled in but did not take any such step by rectification for which the money cannot be transferred in the account of the complainant.  In the circumstances, the complaint should be dismissed.

Decision with Reasons

On proper consideration of the complaint and written version and also relying upon the argument as advanced by the Ld. Advocate of both the parties it is found that it is undisputed fact that deceased Chattaranjan Mukherjee had one SB A/c. bearing No.01190006595 and New Core Banking No.1114064801-8.  Admitted fact is that Chittaranjan Mukherjee died and complainant as his wife submitted claim and prayed for transfer of the said amount to the account of the complainant against her A/c. No.0119009868 with the SBI, Jadavpur Branch.  Truth is that and fact remains complainant has failed to prove that she was nominee and it was joint account but even then complainant admittedly submitted application form duly filled in but there was some defect as it was reported by the OP.  On 10-05-2012 after getting Lawyer’s letter a revised format for disposal of balance sent to the complainant and no doubt that was submitted.  Thereafter, bank authority never sent any information to the complainant that said form is not in proper form but the OPs have tried to convince this Forum by their written version and evidence that they reported the matter to the complainant but no such document is produced by the OP that OP reported the complainant about incompleteness of the revised claim format  sent by the OP.  So, considering that fact it is clear that customer care services on the part of the OPs is very poor but we have gathered that a widow lady is being harassed by the OP Bank and it is the common experience of the middle class customer of any bank that they are not being properly entertained by the Bank Authority or Bank Manager and in fact, Managers are not in a mood to render customer care to the customers or consumers of any middle class customers who are being harassed on the ground.  The Bank Managers and Staffs are very much friendly to the businessmen customer, industrial customer etc. they are very much loyal to the business customer or industrial customer or traders because they have their some interest for their said businessmen customers but we have gathered from the observation of the Nobel Laurate Jahn Tirello that all over the world banking industry are very much loyal to the traders, businessmen, industrialist customers but they are not giving importance to the middle class customers and said Nobel Laurate also observed that tough step should be taken against banking administration to see the problems of the middle class and poor class customers of any bank otherwise the banking industry shall fail in view of the fact in India 75 percent people are from very poorer sections but they are not getting any service from the bank and in fact, banking staff and managers are very much annoyed as and when such type of customers appear before them for any relief.  Truth is that behaviour of the bank employees and manager of any bank is not social, not moral and not cooperative and in the present case practically scope was there on the part of the branch manager to send a letter to the widow complainant to appear before him to rectify that revised form but that has not been done because they did not think for a moment to given such relief and care to poor customer because they are very much engaged in entertaining the traders, business and industrialist customers with whom they have their some hobnobbing.  In this regard all renowned Economists have pointed out that bank is a corporate concern and they have their social responsibility and moral responsibility also day to day to give proper satisfaction to the customers because banking business is within the ambit of the consumer economy and consumers sociology must be properly read by the corporate banking authorities or insurance companies because it is the social and moral responsibility of the corporate banking and insurance companies to give proper relief to the consumers with full satisfaction and if it is not maintained by the banking authority or insurance authority or other service providers in that case invariably consumers association must agitate before banking establishment to give relief but in India consumer associations or organizations have failed to give such resistance against the service provider, bank or insurance companies for which the bank authorities are showing their LTI  to the middle class customers and poorer and middleclass sections are being harassed by the banking establishment and their staffs and managers and this is one of the example of the conduct of the service provider banking institutions the present OP and truth is that there was every chance to settle the dispute by the present OPs if OPs manager and staffs would be found a human being.

          Truth is that bank managers and staffs are united for increasing their salary and to close the bank for days together throwing 120 crores of people in darkness but fact remains the money with the bank is of the people not of the bank but keeping the public money in their volt placing the 120 crores of people into darkness 2-3-4 days by calling strike for raising their salary but they are not on the street for such expression that they are always ready to give proper relief to the customers (consumers) without any harassment.  There is no slogan in support of the consumers but their only slogan is raising their salary keeping 120 crores of people in darkness for some days and invariably if it is continued by the banks, the days will come when consumer movement shall control such sort of illegal, immoral and unsocial activities of the bank employees, managers and managements.

          In the present case a widow lady has been harassed by the OP Bank without any reason.  No doubt, all the banks and their establishment have got a corporate look and in fact there is a good gap in between the customers and the staffs by a glass wall but fact remains that  the customers are observing the staffs but not getting the service.  Worldwide consumer economists and consumer sociologist have already pointed out that the service provider bank and insurance company shall have to come closure with the customer and give proper relief without any harassment by giving all sorts of help in filing up form etc. whatever it may be and for that reason all the banks must have Customer Care Centre and no doubt in many banks on the glass wall it is artistically written ‘customer care’ but no care, no service, no help is given to the public and it is the common practice in all the banks and insurance companies and the present OPs are not far beyond that.  So, we have gathered that this complainant was thrown to this Forum by the OPs Bank for their laches, for their non-cooperative attitude and for their no intention to give customer care and in fact, complainant is entitled to get the money if the OPs have their some humanity and morality there was no chance to the complainant to appear before this Forum.  Fact remains we are losing our humanity when we have embraced a new thought of life by adopting sophistication and other by losing our all human values and for which the society has already broken down.  One cannot believe for a moment that this complainant casually appeared before this Forum for harassing the OPs but OPs have tried to say that for the fault of the complainant this incident happened  but applying our judicial approach and mind and also sight in respect of the entire matter and also considering the documents we are confirmed that fault is not on the part of the complainant but entire fault is on the part of the banking authority who failed to show their humanity or social responsibility and their customer care properly.  If this Forum would be in the chair of the bank manager in that case at least one letter should be sent to the complainant with a request to appear before the bank at a particular day in between particular time and the claim form can be properly prepared by the complainant with the help of the bank officers but that has not been done.  That means laches, deficiency, negligent manner of service and negative attitude of the OPs.  Is proved. This widow lady is being harassed only to get her legally  entertainable amount and for which the Ops must have clear the matter within one month with the help of their own staff by removing such defects in the form after rectifying the same by the complainant and it must be done by the banking authority by appearing before the house of the complainant and by sending their specified staffs who are qualified to collect such signature and etc.  But if bank authority thinks that they are monarch and customers are their subordinate labourers then the Forum has nothing to say and if it is found that the OPs are not willing to comply the Forum’s order in that case transfer the amount in the account of the complainant at once without waiting a second treating the matter as closed forever.  Accordingly complaint succeeds but before passing final order we are directing the bank manager to train up the bank employees on each Sunday to learn humanity, social responsibility, their nature of customer care and ethics of service in their daily duties and also to learn how to serve customer gently and with proper care.  We are not telling against OPs only but this Forum is telling that all establishments are very much here and there to get their salary and to increase their salary because they have lost their humanity, social responsibility, their disciplined activities in their field of job and this Forum is sure if the bank administration cannot check such sort of behaviour of the officers and employees of the Bank in future the consumer movement  shall give them a lesson how to be a human in the society and  the bank employees and officers and managers shall have to learn their humanity from the consumers movement and consumer organization must knock at the doors of the bank employees, insurance employees and other service providers.  European Union have already trained all the bank establishment, insurance companies due to there constant consumer movement and consumer organization.  This Forum feels that for lack of consumer movement such sort of activities of the service provider of the bank are still in existence but days are numbered in fact days will come when all the service providers shall think over beware of the consumers and we are waiting for that.        

          Accordingly we are passing the order allowing this complaint.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with a cost of Rs.10,000/-.

          OPs are directed to make the revised claim form by correcting it with the help of the complainant after placing the format before the complainant at her house with the help of their prudent staff and thereafter, release the amount as per prayer of the complainant that means it shall be transferred to the account of the complainant within 15 days from the date of this order if OPs are found ashamed to go to the customers house (consumer house) in that case close this chapter and sent the entire amount of the deceased husband to the account of the complainant’s SB A/c No.01190009868 with SBI, Jadavpur Branch at once and comply the order within 15 days failing which for each days delay penal interest shall be assessed  at the rate400 per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.  Even if it is found that the bank authority remains reluctant to com ply the order in that case penal action shall be started against them and further fine and penalty shall be assessed.