Karnataka

Chitradurga

CC/313/2019

Kumari Radhamani D/o Malleshappa - Complainant(s)

Versus

Superident of Post office - Opp.Party(s)

Sri.Sureshbabu

09 Aug 2019

ORDER

COMPLAINT FILED ON:11/04/2019

DISPOSED      ON:09/08/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:313/2019

 

DATED: 9^th  AUGUST 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SRI. SHIVAKUMAR.K.N         :     MEMBER

                             M.Com., LL.B.,

 

……COMPLAINANT/S	Kumari Radhamani D/o Malleshappa Nominee of (Late) Mrs. S.M. Ratna bai) Aged 69 years, Attardi Matha Kere, Behind Vasavi School, Chitradurga.577 501. (Rep by Sri. Sureshbabu B. Sangolli, Advocate)
V/S
…..OPPOSITE PARTY	1. Superintendent of Post Office, (The Post Office functioning under the India Post Offict Act 1898) Kamanabhavi Badavane, Chitradurga-577 501.   2. Head Post Master, Head Post Office, Holalkere Road, Near KSRTC Bus Stand, Chitradurga.577 501.   (Rep by Sri. C.M. Veeranna, Advocate for OPs Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to refund the S.B Account deposit of Rs. 2,55,681/- with up to date interest, costs, compensation and such other reliefs.

2.      The brief facts of the case of the above complainant is the nominee of depositor late Smt. Ratnabai. (Daughter of complainant’s mother’s) who stayed with the complainant till her life. The deceased Ratnabai deposited savings in various OPs terms deposits and SB account to facilitate the transaction. The complainant is the nominee of the S.B. deposit account. Smt. Ratnabai, was deposited the amount with the OPs under S.B. Account (old) 122294 and new account number 03237812284 for an amount of Rs. 2,55,681/-. On 9/11/2017 the above said Smt. Ratnabai was died. After the death of Smt. Ratnabai the complainant approach the OPs and claim deposited amount. By that time the OPs told that the deceased Ratnabai was not nominated the name of the complainant on this ground the claim of the complainant is hereby repudiated.

3. After that the complainant have furnished the relevant documents to shows that the complainant the nominee. After receiving the necessary documents from the complainant, the OPs have not settled the claim of the complainant.  The OPs have committed deficiency of service while settling the claim of the complainant. Hence pray for allow the complaint.

4. The cause of action for this complaint arose on 09/11/2017 when the deceased the Smt. Ratnabai was died. And subsequently when the complainant approached the OPs for claiming the deposited amount as a nominee. Which is within the jurisdiction of this Hon’ble Forum.

5. On service of notice, OPs appeared through Sri. C.M. Veeranna, Advocate and they have filed version, affidavit and Written Arguments. According to the version filed by the OPs that the complainant filed by this complaint is not maintainable either in law or on facts. The complainant is not a consumer. This court has no jurisdiction to entertain and adjudicate upon the dispute involved in the complaint in as much as it is not a consumer dispute and not come within the scope of consumer protection act 1986 the present complaint is totally false and further allegations in para no.2 the complaint is regarding death claim in respect of SB account No.0323781284 at Chitradurga HO held by late Smt. Rathnabai and the account is having balance of Rs. 2,55,681/-.

6. It is submitted that, the SB account was opened in the name of Smt. Rathnabai on 11/04/2008 at Chitradurga HO without nomination and the said account holder was died on 09/11/2017. In this regard  Kum Radhamani has claimed the amount and stated to be the nominee of the account holder of late Smt. Rathnabai, who is the daughter of elder brother-in-law of Radhamani, hence she is not the legal heir of the deceased Rathnamma.

7. It is submitted that Kum. Radhamani has approached the post master Chitradurga HO and claimed amount. But the post master has checked the details of nominee particulars in the system and SB pass book and rejected the claim due to non-availability nomination particulars. And further manual nomination register is not maintained since 2006 due to implementation of Sanchaya Computerization. The OPs have not committed any deficiency of service and pray for dismissal of the complaint.

8. Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-8 were got marked and closed her side.   OPs side examined one Sri. Shivaraj Khindemath S/o Shanmukahiah Khandimath, Superintendent of Post Offices, Chitradurga, OPs side have not produced any documents to disprove the case of the complaint.

 

9.      Arguments heard.

10.    Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service for non-settling the SB deposit amount deposited by the Smt. Rathnabai has she is nominee of the deceased Smt. Rathnabai. Such other reliefs as prayed for in the above complaint?

              (2) What order?

         11.     Our findings on the above points are as follows:-

                   Point No.1:-Partly in Affirmative. 

                   Point No.2:- As per final order.

REASONS

12.    Point No.1:- There is no dispute between both parties that, the deceased Smt. Rathnabai was deposited the amount in SB Account with the OPs for a sum of Rs.2,55,681/- under SB account 122294 old and new number 0323781284. On 09/11/2017 the said Smt. Rathnabai was died. After the death of above said deceased Smt. Rathnabai complainant approached the OPs and claiming the deposited amount has she is nominee of the said deceased Smt. Rathnabai. After verifying the computer and documents the OPs repudiated the claim of the complainant has she is not a nominee of the deceased Smt.  Rathnabai. The complainant was produced Ex-A-1 to A-8 documents those documents are clearly shows that the complainant is the nominee of the deceased Smt. Rathnabai. The OPs have also failed to prove the complainant is not the nominee of the Smt. Rathnabai. No doubt the amount was deposited by the said Smt. Rathnabai in the SB account other than this complainant no body come forward to claim the deposited amount has the L.R.s of the deceased Smt. Rathnabai.

          13.  The complainant have produced the sufficient documents to prove that she is the nominee of the  deceased Smt. Rathnabai non settling claim of the complainant is the deficiency of service on the part of the OPs.

          14. We have gone through entire documents filed by the complainant and affidavit evidence and written arguments of the both sides. It is clearly shows that there is no dispute by the OPs side the deceased Smt. Rathnabai was deposited the SB Account with the OPs under SB account No. 122294 (old) New no: 0323781284  for a sum of Rs. 2,55,681/-. On 09/11/2017 the deceased Smt. Rathnabai was died. Complainant has approached the OPs for claiming the above said amount as a nominee. But the OPs have repudiated the same. The Ex-A-1 to A-8 are clearly shows that the complainant is the nominee of the deceased Smt. Rathnabai. But the OPs have failed to disprove the case of the complainant by producing any documents. Simply they have not escape. When the decease Smt. Rathnabai was deposited the amount. None other than the complainant nobody can come forward to claim by deposited amount as a nominees. Non repudiation of the claim of the complainant is not sustainable under law. The OPs have stated in their version no doubt said Smt.  Rathnabai was deposited above said amount the OPs further stated that they have search the nominee name in the computer  from 2006 not prayer to that. In any angle shows that the OPs have committed deficiency of service hence Point no.1 partly affirmative and pass the following order.

            15. Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that, the OPs are hereby directed to pay an amount of Rs. 2,55,681/- to the complainant within 30 days from the date of order failing which complainant is entitled interest at   9%  on the said amount from date of complaint to the date of  realization  further Rs. 10,000/- towards mental agony and Rs. 5,000/- towards litigation charges. 

It is further the OPs are hereby directed to comply the above said order within 30 days from the date of this order.

 

 

 

 

(This order is made with the consent of Members after the correction of the draft on 09/08/2019 and it is pronounced in the open Court after our signatures)

 

 

 

        MEMBER                                                 PRESIDENT

 

-: ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	(Late) S.M. Ratnabai) nominated Mrs. Radhamani as nominee Dated 11/05/2007
02	Ex-A-2:-	(Late) S.M. Ratna bai) Nominated Radhamani as nominee dated 11/06/2007.
03	Ex-A-3:-	-do- dated 22/10/2018
04	Ex-A-4:-	(late) Mrs. S.M. Ratna bai) Nomination and declaration dated 23/10/2018
05	Ex-A-5:-	(Late) S.M. Ratna bai) Nominated Radhamani as nominee dated 23/10/2018
06	Ex-A-6:-	(Late) S.M.Ratna bai Nominated Radhamani as nominee dated 23/04/2008
07	Ex-A-7:-	(late) S.M. Ratna bai Nominated Radhamani as nominee dated 11/07/2008
08	Ex-A-8:-	(late) S.M. Ratna bai Nominated Radhamani as nominee dated 20/02/2009.

 

DW-1: Sri. Shivaraj Khindemath S/o Shanmukahiah Khandimath, Superintendent of Post Offices, Chitradurga, by way of affidavit evidence.

 

Documents marked on behalf of OPs Nil

 

 

 

 

MEMBER                                                      PRESIDENT