DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 300 of 22.11.2022

                                      Decided on:         29.10.2024

Dalbir Kaur widow of Gurcharan Singh Man r/o village Kothe Rahala, Tehsil Jagroan, District Ludhiana.

                                                                   …………...Complainant

                                      Versus

1. The Branch Manager, Punjab & Sind Bank, Partap Nagar, Patiala.
2. Zonal Manager, Punjab & Sind Bank, Zonal Office, Rajwaha Road, Patiala.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      Sh.Sunil K Verma, counsel for complainant.

                                      Sh.C.S.Kwatra, counsel for the OPs.

 ORDER

                                      PUSHVINDER SINGH, PRESIDENT

1. The instant complaint is filed by Dalbir Kaur  (hereinafter referred to as the complainant) against Punjab & Sind Bank (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that the complainant alongwith her husband got issued FDRs No.415558 (Rs.6,80,625/-), 415559 (Rs.6,80,625/-),415560 (Rs.8,20,788/-),415561 (Rs.8,21,702/-) and 415562 (Rs.8,21,703/-) dated 13.3.2016 , in the mode of “either or survivor”  and the same were to be matured on 16.3.2020. It is averred that husband of the complainant Sh.Gurcharan Singh died on 1.10.2018.
3. It is further averred that after the death of her husband, when the complainant approached OP No.1 to claim the amount of FDRs she was told that one Balbir Kaur had raised her claim over the said FDRs on the basis of some will. It is further averred that said Balbir Kaur filed a civil suit for mandatory injunction in which the complainant was also made a party. It is averred that in the said suit OP No.1 has categorically admitted the issuance of FDRs with the mode of either or survivor and also in the said suit OP No.1 did not release the payment of FDRs as the claimant did not produce any probate or succession certificate. That in the said suit complainant also moved an application for dismissal of the suit as Balbir Kaur was required to obtain the succession certificate in pursuance of which Balbir Kaur withdrawn the suit and the matter regarding release of FDRs is not subjudice.
4. It is averred that complainant being the account holder of the FDRs in question with OP No.1 is entitled to get these FDRs release in her favour and a request in this regard was made to OP No.1 to issue duplicate FDRs as the complainant is not in possession of the original FDRs but neither the duplicate FDRs were issued by OP No.1 nor the payment of these FDRs was released. Complainant also served legal notice upon OP No.1 which was duly replied by the OP stating therein that as the complainant has not produced original FDRs the duplicate FDRs cannot be issued during the existence of original FDRs. It has also been mentioned that original FDRs are in possession of son of Gurcharan Singh. It is averred that as the  FDRs are in the mode of either or survivor and complainant being survivor so the FDRs cannot retained by the OPs and the non payment of the same caused physical and mental harassment to the complainant. There is also deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the same by giving direction to the OPs to release the amount of FDRs alongwith interest and compensation of Rs.5,00,000/-.
5. Upon notice OPs appeared through counsel and filed written statement having contested the complaint by raising preliminary objections that the present complaint is bad for non-joinder of necessary parties and as such deserves dismissal. It is mentioned that Smt.Balbir Kaur Aujla and Sh.Amarjit Singh are daughter and son of deceased Gurcharan Singh and are allegedly in possession of the original FDRs and are claiming themselves beneficiaries on the basis of will registered as deed No.190 dated 13.6.2017  with the office of Sub Registrar, Patiala executed by deceased Gurcharan Singh. That the complainant has got no cause of action to file and prosecute the present complaint.
6. On merits, it is admitted that Gurcharan Singh had got issued FDRs in question in his name as well as in the name of his second wife Smt.Dalbir Kaur i.e. complainant in the mode of either or survivor and after the death of Gurcharan Singh his daughter and son namely Smt.Balbir Kaur Aujla and Sh.Amarjit Singh wrote a letter to OP No.1 that their father had since died and they produced registered will dated 13.6.2017 registered as deed No.190 dated 13.6.2017 with the office of Sub Registrar, Patiala where Sh.Gurcharan Singh had bequeathed all his movable and immovable properties in favour of his daughter Smt.Balbir Kaur Aujla. It is also mentioned in the said letter that all above Five FDRs in original are in their custody and further they requested that they are entitled to the amounts lying deposited in the said FDRs and the amount of said FDRs may not be transferred to any one without their consent. It is further averred that the complainant  also requested for the issuance of duplicate FDRs. As the original FDRs are in existence as such the amount of FDRs cannot be paid to the complainant.
7. It is admitted that after the death of Gurcharan Singh suit was filed by her daughter Balbir Kaur for mandatory injunction and the same was withdrawn by Balbir Kaur after filing an application by the complainant in the said suit. The contents of facts which are taken in the preliminary objections are not repeated for the sake of brevity. After denying all other averments, OPs have prayed for dismissal of the complaint.
8. In evidence complainant has tendered in evidence her affidavit Ex.CW1/A alongwith documents, Exs.C1 to C9 and closed the evidence.
9. The OPs in their evidence have tendered in evidence Ex.OPA affidavit of Himani Sukhija, Branch Manager alongwith documents, Exs.OP1 to OP5 and closed the evidence.
10. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
11. The complainant has filed this present complaint for giving a direction to the OPs to release the amount of FDRs as mentioned in para no.1 of the complaint stating that she alongwith her husband got issued five FDRs under the category of “either or survivor”. Her husband had died on 1.10.2028. So she being survivor is entitled for the amount of FDRs.
12. The OPs have contested the present complaint alleging that one Balbir Kaur D/o deceased Gurcharan Singh claimed the amount of FDRs on the basis of registered will dated 13.6.2017 executed by Gurcharan Singh, the original FDRs are also in possession of said Balbir Kaur. The OPs have produced copy of an application produced by Balbir Kaur and one Amarjit Singh s/o Gurcharan Singh with the request to freeze the FDRs accounts and also produced copy of registered will, copy of legal notice, copy of reply to legal notice.
13. The ld. counsel for the complainant has contended that the FDRs were in the name of Gurcharan Singh, deceased husband of complainant and the FDRs in question were issued to him by mentioning the name of Dalbir Kaur, complainant under the category of either or survivor, so after the death of Gurcharan Singh complainant being survivor is entitled to get the FDRs released. He has also contended that a civil suit was filed by Balbir Kaur against the complainant and OP No.1 for mandatory injunction for directing the OP No.1 to release the amount of FDRs on the basis of will. Said suit was contested by the complainant and one application was filed under order 7 Rule 11 C.P.C. for rejection of plaint as the suit was not maintainable and suit was not filed under specific Act and after that said suit was withdrawn by said Balbir Kaur and in this regard the documents have been proved as Ex.C1 to Ex.C5 on the file and when the civil suit has already been withdrawn by said Balbir Kaur so now the bank should release the amount of FDRs to the complainant.
14. On the other hand, the ld. counsel for OPs has contended that the original FDRs are not produced by the complainant and even the same are in possession of Balbir Kaur and she has not been impleaded by the complainant as party to the present complaint and in the absence of original FDRs the OPs are unable to release the amount of FDRs.
15. After giving thoughtful consideration to the rival contentions of the parties and after going through the file we find that this Commission deals with the complaints in a summary manner and in the present case the intricate question of law and fact is involved. When it has come on record that Balbir Kaur daughter of deceased Gurcharan Singh claimed the amount of FDRs from the bank on the basis of registered will and the original FDRs are also in her possession then the matter cannot be decided summarily specially in the absence of Balbir Kaur and thorough evidence is required and the possibility can also not be ruled out regarding pendency of any proceeding before any Court filed by said Balbir Kaur on the basis of alleged will executed by Gurcharan Singh. Accordingly, we are of the considered opinion that in the facts and circumstances of the present case this Commission should not direct the OPs to release the amount of FDRs to the complainant and the complainant should file a civil suit before the civil court or should file a petition for succession certificate, by impleading Balbir Kaur and Amarjit Singh daughter and son of deceased Gurcharan Singh who are the legal heirs of deceased Gurcharan Singh. So with these observations the present complaint is hereby dismissed. No order as to costs.
16. Certified copies of this order be sent to the parties under the rules.   
17. The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President