O R D E R
This case was posted on today for hearing further. Vide orders dt:8-6-2017 the OP-bank was directed to produce in the court the original account opening forms and the forms containing specimen signatures of the deceased Prasanjeet Gaikwad. In response to the Court’s directions, one Sri Chandrashekhar, Deputy Manager of the OP-branch has appeared in the Court and filed an affidavit stating that, the deceased Prasanjeet was maintaining two S.B Accounts bearing Nos:10635085311 and another 10635211075. He had also made fixed deposit of Rs.75,000/- on 5-2-2014. The official concern states on oath that due to the renovations undertook in the past in the interior of the premises and also due to the fact that the accounts aforementioned are quite old, the documents asked by this Court could not be traced or produced in the Court. The official concern on oath stated that, the non production of the documents are not intentional but for bonafide reasons as made out in the affidavit. Incidentally it may be mentioned here that, the present case has been instituted by one Sri.Chandrakant Gaikwad and Smt Subhalaxmi W/o of Chandrakant Gaikwad both claiming themselves to be the parents of the deceased. It is the claim of the complainants that while opening the F.D account, late Prasanjeet Gaikwad had nominated Smt.Subhalaxmi, the mother. Further, the complainant avered that inspite of genuine claim of Smt.Subhalaxmi, the Bank has been not diligent to settle her claim, and thereby had perpetrated a deficiency of service on the complainants.
2. We are perplexed as to how if only Smt.Subhalaxmi, the mother was the nominee of the F.D account, Sri.Chandrakant Gaikwad derives some entitlement to claim the usufructs of the F.D concern.
3. That apart, the officer of the bank has stated in para-6 of his affidavit that, late Prasanjeet had married one Smt.Geeta and she is still alive. At the bar it was submitted from the complainant’s side that, wife of the deceased account holder had abandoned her nupital home just after demise of the account holder leaving age old parents-in-laws in lurch.
4. The OP-bank further represents that, they are ready and willing in the absence of the nomination form, being not traceable, to release the amount in favour of Smt.Subhalaxmi (the mother) and Smt.Geeta (wife) of the deceased. A hue and cry was made by the complainant’s side that, bank is trying to favour the said Smt.Geeta which appears to us to be incredible per-se. In the instant case, it appears the tussle is between the daughter-in-law at one side and the parents in law at the other, claiming the amount in the F.D. After perusing the affidavit of the bank concern, it is crystal clear that, the bank is trying to satisfy the tenents of law and no evil intention as put-forward by the complainant’s counsel is visible on the surface.
5. It is further stated at the bar that, an earlier case in O.S.No:261/2015 was filed in the Court of V Additional Civil Judge (Jr.Dn), Kalaburgi agitating about the benefits of LIC policies earlier obtained by late Prasanjeet which had ended in a compromise. Although, we are of the opinion that, in the absence of any fruitful nomination made out, the estates of late Prasanjeet should devolve upon the heirs listed in the Class-I of section 8(1) of Hindu Succession Act, simultaneously, ousting any claim of Class-II heirs of the schedule, we would loath to decide the just entitlement of the successors whether before or nor in the court and refrain to proceed with the trial of the case further the same being beyond our jurisdiction. Resultantly taking the submission of the bank on record, we propose to dispose off this case reserving liberties for the complainants to agitate their claims in a competent court of civil jurisdiction if so advised.
With the observation supra, the case stands disposed off.
There would be no order as to costs, compensation, interest or any other claim otherwise.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 22nd day of June-2017)
Sri. Nagashetty G. Sri. Jagannath Prasad
Member. President.
