For the Complainant:General Secretary, KCWO, Bhawanipatna.
For theOpposite Party: Sri Hitendra Mohanty, Advocate, Bhawanipatna.
JUDGEMENT
The facts of the complaint in brief is that the present complainant Smt.Bhumisuta Naik is the widow of late Pitambar Naik of village Adring, P.S.Narla, Dist. Kalahandi who was a farmerhaving Savings Bank Account vide S.B. Account No.31851383028 of SBI, Narla Branch. The account holder Pitambar Naik died on 27.12.2017. A few days before his death the crop insurance amount of Rs.77,066/- was credited to his account. As on the date of his death the deceased Pitambar Naik has a credit balance of Rs.55,723/- in his account. After the death of her husband the complainant approached the Opposite Party during early January,20189 and requestedto transfer the outstanding deposit of late Pitambar Naik to her Bank Account bearing No.3344363353maintained at the Opp.Party Bank.As per the advise of the OP Bank, the complainant prepared all relevant documents like letter of Indemnity, Disclaimer Affidavits, Affidavit of local witness and Legal Heir Certificates etc. and submitted to the Opp.Party during the last week of January,2018 and requested them to transfer the balance deposit of late Pitambar Naik.But in spite of her repeated approaches , the Opp.Party Bank is yet to transfer the deposit as claimed by the complainant. Hence, prayed before this forum to direct the Op Bank to release theoutstanding deposit of late Pitambar Naik and transfer the same to the account of the complainant. Hence, this complaint.
Being noticed the Opp.Party appeared through advocate Sri Hitendra Mohanty and filed written version stating therein that the complainant approached the OP Bank to transfer and credit the outstanding amount of her husband Pitambar Naik in the name of her son Kirti Chandra Naik and the Op Bank suggested her to make arrangement of necessary documents like Death Certificate and Legal Heir Certificate of the deceased account holder and further advised the complainant to prepare the relevant documents like Letter of Indemnity, Disclaimer Affidavit, Affidavit of Local two witnesses, affidavit from all legal heirs of the deceased account holder the proof of identity of all and submit with the application as per bank standard format for disposal of outstanding amount of deceased bank A/c of late Pitambar Naik. After few days the complainant again visited the OP Bank and shown the required documents but after verification by the officer concern it was found some deficiencies in that documents for which the OP Bank suggested the complainant vide letter No.BR/82/166 dt.0304.2018 for filing of correct documents for quick disposal of the outstanding amount of the deceased account holder. Since then neither the complainant nor any legal heirs of the deceased account holder turn up the bank. The OP Bank can not disburse or credit any outstanding amount of any deceased account holder in favour of any person without application in standard format with necessary/relevant documents . The OP Bank advised the complainant to submit the required documents as early as possible for quick disposal of the case but the complainant in stead of coming to the branch , she filed this case before this forum. The OP Bank never harassed the complainant in any manner . Hence, prayed to dismiss the complaint with cost.
F I N D I N G
It is admitted by the Opposite Party the late husband of the complainant Pitambar Naik was an account holder of the OP Bank and the complainant has visited the OP Bank and requested the Bank to transfer the balance outstanding amount of the deceased Pitambar Naik in the account of her son Kirti Chandra Naik but the complainant alleged that she has requested the OP Bank to transfer the outstanding amount in her account and she has filed the copy of Bank Pass vide Account No.33443633253 maintained by OP Bank. The OP Bank further averred that they advised the complainant to furnish the relevant documents along with application in standard format of Bank to transfer the outstanding amount of the deceased Pitambar Naik. Accordingly, the complainant filed some documents and after scrutiny by the Bank officer it was found some deficiencies in that documents for which the outstanding amount could not be transferred. It is also averred by the OP Bank that they have advised the complainant to submit the required documents as early as possible for disposal of the case. In view of the above admission of the OP Bank, it is found that the OP Bank is not disputing the matter and they are interested to credit the balance amount of the deceased Pitambar Naik in the account of the legal heir of the complainant if filed the relevant documents and apply in the standard format of the Bank. When the OP Bank is not disputing and asking the complaint to apply with standard format with relevant documents, we have nothing to say and go into the depth of the case and directed the Op Bank to transfer the outstanding amount of late Pitambar Naik into the account of the complainant Bhumisuta Naik after receiving the relevant document from the complainant as per requirement of the Bank .
It is the stand of the Bank that neither the complainant nor anybody approached them with all relevant documents as required by them as they found many defects in the document produced by the complainant earlier. But in the written statement the OP had not mention what are the actual documents required by them and also that the complaint is premature, when the Bank had admitted the claim and could not transfer the amount due to want of document. So in view of the above discussion and taking into consideration the interest of the consumer and to prevent further delay the complaint is allowed in part.
ORDER
The Opposite Party Bank is directed to transfer the outstanding amount of the deceased to the account of the complainant vide A/c No.334443633253 within 30 days of receiving original documents like application in standard form legal heir certificate, letter of disclaimer from the other legal heir in favour of the complainant, an Indemnity bond from the complainant and affidavit from the local witnesses and prove of identity of the complainant. There shall be no order as to costs and compensation.
Pronounced in open forum today on this 18th day of January,2019 under the seal and signature of this forum.
Member President
Documents relied upon:
By the complainant:
- Copy of Death Certificate
- Copy of SB Account of late Pitambar Naik
- Copy of Letter of Indemnity
- Copy of Disclaimer Affidavit
- Copy of Affidavit of Yudhistir Padhan
- Copy of Legal Heir Certificate
- Copy of SB Account of the complainant
By the OP:Nil
President
