West Bengal

Paschim Midnapore

CC/58/2013

Sri Byomkesh Das - Complainant(s)

Versus

The Manager, State Bank Of India - Opp.Party(s)

25 Jul 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.58/2013                                                         Date of disposal: 25/07/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

   

   For the Complainant/Petitioner/Plaintiff : Mr. . B. K. Pratihar. Advocate.

    For the Defendant/O.P.S.                           : Mr. T. K. Mandal. Advocate.

          

Sri Byomkesh Das, Son of Late Dhirendra Nath Das, Vill-Dharamdasbarh, P.O.-Contai, P.S.- Contai, Dist-Purba Medinipur… …………Complainant.

                                                              Vs.

1. The Manager, State Bank Of India, Kharagpur Branch(0202), P.O.- Kharagpur Technology, District- Paschim Medinipur, Pin- 721301.
2. Radharani Das, Daughter of Late Dhirendra Nath Das, P.O.-Contai, P.S.- Contai, Dist-Purba Medinipur.  ……………….. Ops.                                                  

             Mr. Kapot Chattopadhyay Member   

 Brief fact of the case is that  one Hrishikes Das, since deceased used to maintain one P.P.F. A/C No: SBI/KGP/34(10224511268) with the Op. Bank and in the said account he registered the name of nominees being Radha Rani Das.and Amaresh Das being his sister and brother since Hrishikes Das was a confirmed bachelor. Subsequently, Amaresh Das left India and residing in USA and as Such  Hrishikes Das changed his such nominee in respect of the above P.P.F. account and excluded the name of said Amaresh Das and included the name of his other brother Byomkesh Das, the Complainant vide his application dated 18/09/2009.

            That accordingly the Op. Bank noted such change of nomination in the concerned pass book dated 19/09/2009 i.e. on the very next date.

            That subsequently Hrishikesh Das died on 22/05/2011 and Byomkesh Das and Radha Rani Das.applied to the Op. Bank dated 19/04/2012 for payment of amount in respect of P.P.F. account to them as nominee of the deceased.       

Contd……….P/2

 

                                                                                                          - ( 2 )  -

              That thereafter the Complainant Byomkesh Das got calculation of the deposited P.P.F. amount at Rs.32,74,894.44 as on 31/03/2012 and by sending legal notice dated 14/05/2012 he requested the Op.

party Bank for effecting payment of 50% of the said amount unto him but to no avail and as such the Complainant sent a reminder dated 14/11/2012 to that effect.

              That on receipt of such reminder dated 14/11/2012 the Op. Bank wrote a letter dated 20/11/2012 intimating the Ld. Advocate for the Complainant that as mandate submitted to us after 14/11/1984 was not avail due to mismatch of signature of the Account holder, we are unable to make payment of balance amount to Sri Byomkesh Das.

            That on receipt of such letter from Op. Bank the Complainant become astonished and sent reply to the same dated 11/03/2013 containing inter-alia that since the request for change of nominee was made by the account holder to the Bank on 18/09/2009 and the same was duly noted on 19/09/2009 and such change of nominee was duly noted in the pass book dated 19/09/2009 and as such the plea taken by the Op. Bank regarding mismatch of account holder’s signature does not arise at all and the Bank Authority  during the life time of the account holder and ever thereafter and on receipt of letter dated 14/05/2012 and 19/04/2012 never wrote the Complainant over the matter and now such act on the part of the Op. Bank amounts to deficiency in service and the matter comes within the provision of Consumer Protection Act.

            That as stated earlier Radha Rani Das. is also a nominee of the P.P.F. account and in order to avoid any technical objection she is being arrayed as Op. No. 2 in this complaint case and no relief is being prayed for as against her.

            Op. contested the case by filing w.o. challenging the petition. Ld. Lawyer for the Op. argued that it is denied that Hrishikesh Das registered the name of nominee being Radha Rani Das.and Amaresh Das or that subsequently Amaresh Das left India  or that Hrishikesh Das changed his such nomination in respect of the P.P.F account or that excluded the name of said Ameresh das or that included the name of the Complainant Byomkesh Dasvide application dated 18/09/2009 or that the Op. Bank such change of nomination in the concerned pass book dated 19/09/2009 or that subsequently Hrishikesh Das died on 22/05/2011 or that Byomkesh Das and Radha Rani Das.applied to the Op. Bank dated 19/04/2012 for payment of amount in respect of P.P.F account to them as nominee of the deceased of that their after complaint by sending legal notice dated 14/05/2012 requested the Op. Bank for effecting payment of 50% of the said amount unto him but to no avail or that the complaint sent a reminder dated 14/11/2012 to that effect as alleged. There is no positive case of deficiency in service as such the same is not maintainable.       

Contd……….P/3

 

 

                                                                                                              ( 3 )  

                This Op. further states that one P.P.F. account being no. SBI/KGP/34(10224511268) was open in the name of Hrishikesh Das on 14/11/1984 with the Op. Bank and his specimen signature was found in the application for opening P.P.F. account (form no. A) on the same day Hrishikesh Das vide form no. E nominated Smt Radha Rani Das.and Sri Ameresh Das as his nominee against the aforesaid P.P.F. account in question, wherein, Hrishikesh Babu also signed his name in short form like specimen signature found in the P.P.F. opening form no. A. This Op. Bank further ubmits that on 18/09/2009 another nomination paper was filed by depositor Hrishikesh Das nominating one Smt Radha Rani Das and Sri Byomkesh Das (happened to be the sister and younger brother of Hrishikesh Das) as his nominee against the aforesaid P.P.F. account in question but unfortunately, the signature found upon the said nomination paper dated 18/09/2009 was not tallied with its earlier specimen signature found in the form no. dated 14/11/1984. As a result of  which the subsequent nominee paper dated 18/09/2009 was not registered in the books of the Bank, accordingly, the said fact was intimated to the Hrishikesh Das by letter dated 19/09/2009 as well as when the claim submitted by the Complainant this Op. Bank has also no other option but to refuse payment of the proceeds to the Complainant against his Lawyer’s letter dated 14/11/2012.

              It is pertinent to mention here that during the course of such incident one letter dated 14/11/2012 was also received by this Op. Bank from Radha Rani Das. ( happened to be the sister of Hrishikesh Das and nominee of the aforesaid P.P.F.           account) requesting the Op. Bank not to make any payment against the P.P.F. account  10224511268 to Byomkesh Das (another brother of Hrishikesh Das) who alleged to be withdrawn the amount lying in aforesaid P.P.F. account stands in the name of Hrishikesh Das. Moreso, in continuation of the aforesaid facts on 20/11/2012 said Radha Rani Das.was also submitted one G.D. entry being no. 1000 dated 20/11/2012 of Contai Police Station at Purba Midnapore along with an application address to Op. Bank requesting not to make any payment to the complainant Byomkesh Das from the aforesaid P.P.F. account in question as the original P.P.F. pass book has already been lost on 17/11/2012 from the custody of Radha Rani Das.

            It is further mentioned that on the event of the aforesaid facts and circumstances and in absence of the original depositor Hrishikesh Das this Op. Bank is in dark about payment of any amount of lying in the said  P.P.F. account no. 10224511268 to whom and in what ratio of percentage. Although this Op. Bank eagerly wating for disbursement of the full amount to the actual nominee of the deceased depositor Hrishikesh Das.

Issue:

1. Whether the case is maintable in the present form ?
2. Whether the Op. is in deficiency in service within the meaning of under section 21(G) read within the section 21/0 of C.P.Act 1986 ?
3. Whether the Complainant is emited for getting relief as prayed for ?

Contd……….P/4

 

                                                                                                                ( 4 )  

Decision with reason:

           The elder brother of Byomkesh Das, Sri Hrishikesh Das, since deceased used to maintain one P.P.F. A/C No. SBI/KGP/34(10224511268) with the Op. Bank and in the said account he registered the name of nominees being Radha Rani Das and Amaresh Das being his sister and brother since Hrishikesh Das was a confirmed bachelor. Subsequently, Amaresh Das left India and residing in USA and as such Hrishikesh Das changed his such nominee in respect of the above P.P.F. account and excluded the name of Amaresh Das and included my name in his place vide application dated 18/09/2009.

            Accordingly the Op. Bank noted such change on nomination in the concerned pass book dated 19/09/2009 i.e. on the very next date.

            That subsequently Hrishikesh Das died on 22/05/2011 and the Complainant and her sister Radha Rani Das applied to the Op. Bank dated 19/04/2012 for payment of amount in respect of P.P.F. account to us as nominees of the deceased.

                    That there after the Complainant got calcutation of the deposited P.P.F. amount of Rs. 32,74,879.44 as on 31/03/2012 and by sending legal notice dated 14/05/2012 I requested the Op. Bank for effecting payment of 50% of the said amount unto Complainants but to no avail and as such I sent a reminder dated 14/11/2012 to that effect through the Complainant’s Lawyer Mr. Bidyut Kr. Pratihar.

                  That on receipt of such reminder dated 14/11/2012 the Op. Bank wrote a letter dated 20/11/2012 intimating the Complainant’s Lawyer that as mandate submitted to us after 14/11/1984 was not valid due to mismatch of signature of the account holder and hence not recorded at our end, we are unable to make payment of the balance of the aforesaid account to Sri Byomkesh Das.

From the facts of the case and w/o of the Op. it is held that Hrishikesh Das is original depositor. Op. Bank is in dark about payment of any amount lying in the State Bank of P.P.F. account no. 10224511268 to whom the said payment will paid and what ratio of percentage. Op. Bank eagerly wating for disbursement of the full amount to the  actual nominee of the deceased depositor   Hrishikesh Das. From the cross examination to Complainant the Op. Bank advised to the complainant to submit succession certificate from the competent. There is no doubt that the Complainant is the legal heir of Hrishikesh Das.

Hence,

                        It is order

                                                     That the Op. is directed for payment 50% of the deposit money to Byomkesh Das after producing succession certificate from the competent Court within 90 days

Contd……….P/5

 

 

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from the date of order in default Complainant is in liberty to proced the matter before the Forum in accordance of the provision of law in this behalf.

            Copy of order supplied free of cost.

  Dic. & Corrected by me

                Sd/-                                            Sd/-                                                      Sd/-

            Member                                      Member                                               President

                                                                                                                       District Forum

                                                                                                                   Paschim Medinipur.