This case has been brought by Rubi Kumari, D/o-Chandreshwar Singh, R/o- mohalla- Nasriganj (Biscuit Factory More), P.S-Danapur, Dist- Patna against Central Bank of India, Branch Rukanpura (Patna), through its General Manager, P.S-Rukanpura, Dist-Patna (O.P no.1), Branch Manager Central Bank of India, Rukanpura, Patna, P.S-Rukanpura, Dist-Patna (O.P no.2) for the following reliefs:
- The O.P be directed to pay Rs.80,000/- as per the fixed deposit made by her mother Ajanti Devi for Rs.10,000/- ( ten thousand only) on 20.09.2000 vide account no. 18/512 and matured on 20.09.2006 with interest of 8.6%.
- The O.P be also directed to pay Rs.20,000/- as compensation.
The main case of the Complainant as stated that this case is that O.P be directed to release fixed deposit amount Rs.80,000/- in favour of Complainant because Rs.10,000/- was fixed vide A/c no.18/512 on 20.09.2000 by Ajanti Devi, mother of the Complainant and same amount was matured on 20.09.2006 having with interest thereon, 8.06%. Ajanti Devi died on 21.03.2003 left behind her husband Chandreshwar Singh, Daughter Rubi Kumari and Pinky Kumari and also the widow wife of her son Rinku Kumar namely Sobha Devi. The paper relating photostate copy of fixed deposit dated 20.09.2022 is annexure1. Death certificate of Ajanti Devi is annexure 2. Further stated that Complainant is nominee and there is no any debt in the name of deceased Ajanti Devi. However it is stated that there is no objection by any survivor or legal heirs. Lastly, it is stated that being nominee of fixed deposit vide A/c no.18/512 the Complainant has not been released. Copy of affidavit is annexed as annexure 3. Lastly the Complainant has also prayed for compensation.
It appears from the record the record that W.S has been filed on behalf of O.P no.1. After going through the record it has been stated that the terms of fixed deposit amount had to expire on 20.09.2006 but Ajanti Devi died on 21.03.2003, therefore, deceased was entitled to interest to be paid only at the rate of saving account. It has also been stated that Complainant is not a consumer and Bank is still ready to pay the saving interest 3.5% for remaining period i.e. 20.09.2006 till closure of the account. It has been admitted that Complainant is the nominee of the deceased Ajanti Devi and same has been admitted. It has also been stated that Complainant has failed to submit required document making her entitled for the payment.
The main point for consideration is that whether the Complainant is entitled for the claim as prayed for?
Heard both sides. The learned counsel on behalf of Complainant submitted that O.P is well versed about the fixed deposit made by the mother of the Complainant during her life time, therefore, after its maturity it could have been paid to the nominee. The Complainant is the nominee. It is not denial. The heirs have also been named. But unnecessarily the grievance of the Complainant has not been redressed at a due time.
Learned Counsel on behalf of O.P submitted in contrary to the submissions that Complainant is ready to make payment in this case altogether Rs.15,797/- as per the statement of account which have been furnished before Commission. Because after the death of the mother of the Complainant the interest rate will not be paid as per the fixed deposit. Both the parties have not filed notes of Argument but on account of statement made by the bank as furnished showing the willingness of payment as above this case is disposed of.
Regards being had to the facts and circumstances of the case as well as the pleading and arguments as placed and raised, we find that there is no denial of fixed deposit of Rs.10,000/- in the bank of the O.P. on 20.09.2000 by the deceased Ajanti Devi mother of the complainant and said amount had to be matured on 20.09.2006 as per the interest rate 8.06% vide A/c no. 18/512. The death certificate of Ajanti Devi shows the date of death i.e. 21.03.2003. The affidavit sworn by Complainant on 20.11.2006 shows maturity value as Rs.15,228/- undoubtedly this is a case of delayed payment and on behalf of O.P statement of account from 01.02.2021 to 28.02.2023 has been furnished that mentions about the cleared amount Rs.15,797/-only. But after considering the entire pros and cons of this case it stands allowed and the O.P is directed to pay after the amount as assured i.e.Rs.15,797/- plus Rs.6,500/- (six thousand five hundred only) by way of compensation altogether 22,297/- (Twenty two thousand two hundred ninety seven rupees only) within a month after receipt of this order to the Complainant. In case of non-payment, Complainant shall be entitled to recover the amount in due course of law. However, it is observed that the Complainant having the nominee is entitled to receive the amount. Though the legal heirs of the deceased Ajanti Devi has also been shown but this Commission cannot define the share amongst them.
