Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : - 22.01.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to make payment of amount of Rs. 11,204.48/- to the complainant along with the interest @ 18% per annum from 03.10.2010 till full and final payment.
- To pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as Compensation for inconvenience harassment and mental tension.
- To pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as litigation cost.
- The facts of this case lies in a very narrow compass which is as follows:
The complainant Ramanand Prasad is brother of namely Kunti Devi who died on 03.10.2010 vide annexure – 2. It appears that the said Kunti Devi had opened a Saving Account in Bank of India in which she has shown as wife of Late Jagan Ram. In this Saving Account bearing S.B. Account no. 4978 the total balance is 11,204.48/- as will appear vide annexure – 1. After death of aforesaid Kunti Devi, the complainant submitted an application along with relevant papers ( containing annexure – 3 ) to opposite party no. 2 requesting him to make payment of sum of Rs. 11,240.48/- claiming him to be successor of Kunti Devi. It appears that vide annexure – 4 the opposite party no. 2 sent a letter to Anchal Adhikari, Naubatpur requesting him to make available the family chart of the Late Kunti Devi because one Bhola Ram is also claiming himself to be successor of Kunti Devi. Vide annexure – 5 the Anchala Adhikari had make a copy of the family chart of the Late Kunti Devi.
It is the case of the complainant that circle officer has given his name as family member of Late Kunti Devi and despite that the opposite party no. 2 is not releasing the amount which is existing in Saving Account of Kunti Devi.
On behalf of opposite parties, a written statement has been filed in which it has been stated that Kunti Devi is dead and her step son namely Bhola Ram had claimed the amount deposited in the account in question as legal heir of Kunti Devi attaching Rashan Card and Residential certificate with his application to opposite party Bank in support of his claim. The aforesaid documents has been annexed as annexure – 1 in the written statement filed by the Bank. In Para – 12 of written statement the opposite parties have asserted following facts. “ That as per 15 (1) (b) and 15 (2) (b) of the Hindu Succession ( Amendment ) Act, 2005 the claimant of the disputed amount is Bhola Ram and not the complainant.”
On behalf of the complainant a rejoinder had been filed in which it has been asserted that as per the norm of the Bank and guideline framed by Reserve Bank of India the complainant is entitled to receive the amount of Rs. 11,240.48/- which is lying in the account of Late Kunti Devi.
From rejoinder it further transpires that Kunti Devi had filed a petition bearing Cr. Miss. No. 29/95 before the Court of ACJM, Danapur for directing the opposite party i.e. ( Jagan Ram ) to pay maintenance allowance to Kunti Devi.
We have carefully gone through the record of this case.
It is needless to say that Consumer Forum is not empowered to decide the disputed fact as well as title etc.
From bare perusal of fact it is crystal clear that one Bhola Ram is also claiming the successor of Late Kunti Devi. Such type of claim can be decided by Court of competent jurisdiction in accordance with law but it appears that up till now the opposite parties have not taken any decision in this regard on the application of complainant.
Hence we direct the opposite parties to pass appropriate order with regard to application i.e. claim of the complainant in accordance with law and guideline of Reserve bank of India within a period of two months from date of receipt of this order or certified copy of this order and intimate the same to the complainant forth with.
The complainant is also directed to approach the opposite party no. 2 with certified copy of this order so as to enable the opposite parties to pass appropriate order as per direction made above.
It is also made clear that if the opposite parties fail to pass any order with regard to any application or claim of the complainant within the time indicated above and intimate him, then opposite parties will have to pay Rs. 50/- per day for the delay till the final order is passed as per direction made above.
Thus this application stands disposed off with the direction referred above.
Member President
