Karnataka

Chitradurga

CC/82/2016

K.M.Mariyanna S/o Mayanna - Complainant(s)

Versus

The Manager,Canara Bank - Opp.Party(s)

Shri.T.Jayanna

18 Mar 2017

ORDER

COMPLAINT FILED ON:26.08.2016

DISPOSED      ON:18.03.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 82/2016

 

DATED:  18^th MARCH 2017

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT	K.M. Mariyanna S/o Mayanna, Occ: Retired Employee, D.C.C.Bank, R/o Near Vidya vikasa School, Assar Mohalla, Chikkapete, Chitradurga.       (Rep by Sri.Jayanna.T, Advocate)
V/S
…..OPPOSITE PARTIES	The Manager, Canara Bank, Turuvanur Branch, Chitradurga.   (Rep by Sri.C.R. Shabbir Ahamed, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.50,000/-, the amount deposited by the deceased Smt. Gangamma, the wife of complainant with the OP Bank and compensation of Rs.2,00,000/- with interest at 18% p.a and such other reliefs.

2.     The brief facts of the case of the above complainant are that, the deceased wife of the complainant Smt. Gangamma had S.B A/c No.7839 with the OP Bank.  During her life time, she has deposited a sum of Rs.50,000/- with the OP Bank and she died on 16.05.2005 and after her death, the complainant approached the OP Bank along with documents like Pass Book, FD Bond along with application requesting the OP Bank to release the amount deposited by deceased Smt. Gangamma.  The complainant approached the OP Bank several times to release the amount deposited by his wife but, the OP neither replied properly nor paid the amount and the made the complainant from pillar to post, who is a senior citizen.  Complainant has filed an application under the RTI Act seeking information, the same went in vain.  It is further submitted that, the OP Bank issued a letter to the complainant stating that, the wife of the complainant had an account bearing No.7839, the same has been transferred to the Chitradurga Main Branch on 22.01.2008.  On 25.11.2015, the OP send a letter to the complainant stating that, if the complainant has furnished the required documents as called by the OP then only OP will search the deposited documents concerned to deceased Smt. Gangamma, which is a deficiency of service on the part of OP.  The complainant issued a legal notice through his Advocate through RPAD on 20.07.2016, the same was served to the OP, the OP sent a reply to the notice and denied the allegations made by the complainant.  The cause of action for the complaint arise on 25.11.2015, which is within the jurisdiction of this Forum and prayed for allowing the complaint.       

3.     On service of notice, OP appeared through                    Sri. C.R. Shabbir Ahamed, Advocate and filed version denying the entire averments made in the complaint stating that, the complaint is not maintainable either in law or on facts and the same is dismissed in limine.  It is submitted by the OP that, one Smt. Gangamma W/o Mariyanna had S.B A/c bearing No.7839 with the OP Bank and at the request of the party the same was transferred to Canara Bank, Chitradurga on 22.01.2008 vide ICC No.6/2008 and there is no record found with regard to the wife of complainant having S.B A/c and deposited Rs.50,000/- with the OP Bank.  Since there is no such account, the OP Bank advised the complainant to produce the documents with regard to deposit of Rs.50,000/- by her wife deceased Smt. Gangamma.  It is further submitted that, the OP Bank repeatedly advised the complainant in oral and also in writing by replying the notice under RTI stating that, the information pertaining to Smt. Gangamma W/o Mariyanna the OP cannot provide the information as the OP Bank is bound to maintain confidence of the account details of its customer.  The complainant has failed to produce necessary documents pertains to the account of Smt. Gangamma, the same is negligence on the part of complainant, for which the OP is not responsible.  The wife of the complainant Smt. Gangamma died on 16.05.2005.  The complainant seeking information regarding the account of said Gangamma as alleged in the complaint without producing succession certificate stating that complainant is the LR of the deceased Smt. Gangamma from the Hon’ble Civil Court.  It is submitted that, there is no such account existing in the name of Smt. Gangamma with the OP Bank.  In the absence of any documentary proof, the complainant is not a consumer and it is not the consumer dispute and this Forum has no jurisdiction to entertain this complaint.  It is further submitted that, the complainant has not been impleaded the parties in accordance with Sec.20 of CPC.  Without impleading the Head Office and Regional Office, the complaint is not maintainable as it is a non-joinder of necessary parties. Therefore, the complainant is not entitled to claim any damages as there is no deficiency of service on its part and the complaint filed by the complainant is liable to be dismissed with cost.

4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-5 were got marked. On behalf of OP one Smt. Renu Sharma, Manager has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to B-3 documents have been got marked.   

5.     Arguments of both sides heard. 

6.     Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainants prove that the OP has committed deficiency of service and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is the case of the complainant that, the wife of the complainant Smt. Gangamma had S.B A/c No.7839 with the OP Bank and she died on 16.05.2005.  During her life time, she has deposited a sum of Rs.50,000/- with the OP Bank. After her death, the complainant approached the OP Bank along with documents like Pass Book, FD Bond along with application requesting the OP Bank to release the amount deposited by deceased Smt. Gangamma.  The complainant approached the OP Bank several times to release the amount deposited by his wife but, the OP failed to release the amount. Complainant has filed an application under the RTI Act seeking information, the same went in vain.  The OP Bank issued a letter to the complainant stating that, the wife of the complainant had an account bearing No.7839, the same has been transferred to the Chitradurga Main Branch on 22.01.2008.  Again on 25.11.2015, the OP send a letter to the complainant to furnish the required documents to search the documents concerned to deceased Smt. Gangamma, which is a deficiency of service on the part of OP.

9.     In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on documents like Legal Notice dated 20.07.2015 marked as Ex.A-1, Postal receipt and served acknowledgement marked as Ex.A-2, Letter dated 25.11.2015 issued by the Manager, Canara Bank, Turvanur to the complainant marked as Ex.A-3, Letter dated 12.10.2014 issued by the OP Bank to the Manager, Canara Bank, Chitradurga which shows the transfer of S.B A/c No.7839 pertains to Smt. Gangamma marked as Ex.A-4 and Original Postal Order for having filed an application under RTI Act to the OP Bank marked as Ex.A-5.  

10.   On the other hand, it is argued by the OP that, one Smt. Gangamma W/o Mariyanna had S.B A/c bearing No.7839 with the OP Bank and at her request the same was transferred to Canara Bank, Chitradurga on 22.01.2008 vide ICC No.6/2008 and there is no record found with regard to the wife of complainant having S.B A/c and deposited Rs.50,000/- with the OP Bank.  Since there is no such account, the OP Bank advised the complainant to produce the documents with regard to deposit of Rs.50,000/- by her wife deceased Smt. Gangamma.  The OP Bank repeatedly advised the complainant in oral and also in writing by replying the notice under RTI Act stating that, the OP cannot provide the information pertains to Smt. Gangamma w/o Mariyanna as the OP Bank is bound to maintain confidence of the account details of its customer.  The complainant has failed to produce necessary documents pertains to the account of Smt. Gangamma, the same is negligence on the part of complainant, for which the OP is not responsible.  The wife of the complainant Smt. Gangamma died on 16.05.2005.  The complainant seeking information regarding the account of said Gangamma as alleged in the complaint without producing succession certificate stating that complainant is the LR of the deceased Smt. Gangamma obtained from the Hon’ble Civil Court.  There is no such account existing in the name of Smt. Gangamma with the OP Bank.  The complainant has not been impleaded the parties in accordance with Sec.20 of CPC.  Without impleading the Head Office and Regional Office, the complaint is not maintainable as it is a non-joinder of necessary parties. Therefore, the complainant is not entitled to claim any damages as there is no deficiency of service on its part.

11.   In support of its contention, the OP has filed affidavit evidence of its Manager and reiterated the contents of version and relied on documents like Reply to the notice marked as Ex.B-1, Postal receipt and served acknowledgement marked as Ex.B-2 and reply to the application filed under RTI Act   marked as Ex.B-3.

12.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out from the Ex.A-4 the letter dated 12.10.2014 that, the OP has transferred the S.B A/c No.7839 belongs to Smt. Gangamma W/o Mariyanna from Turuvanur Branch to Canara Bank Main Branch, Chitradurga, which clearly goes to show that, the wife of complainant was having the SB A/c with the OP Bank.  In the version also, the OP has admitted about the holding of an account by the said Smt. Gangamma.  The OP itself stated in the version that, if the complainant produced the necessary documents to show that, he is the LR of the deceased Smt. Gangamma, they will pay the deposited amount made by Smt. Gangamma.  Such being the case, the question of repudiation does not arise.    In the instant case, the wife of the complainant was having an account with the OP Bank and deposited the amount and died on 16.05.2005.  Since the matured amount is not paid to her husband i.e., the complainant, the same is deficiency of service.  Therefore, we come to the conclusion that, the complainant is liable to receive the FD amount along with interest.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

 

          13.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

          It is ordered that, the above complaint filed by the complainant u/Sec.12 of C.P. Act is hereby allowed in part.

          It is further ordered that, the OP is hereby directed to pay a sum of Rs.50,000/- to the complainant towards FD amount of late Smt. Gangamma W/o Mariyanna along with interest at the rate of 18% p.a from the date of Death till realization after collecting survival certificate from the complainant. 

          It is further directed the OP is directed to pay                   Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

          It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 18/03/2017 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Smt. Renu Sharma, the manager of OP by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dated 20.07.2015
02	Ex-A-2:-	Postal receipt and served acknowledgement
03	Ex-A-3:-	Letter dated 25.11.2015 issued by the Manager, Canara Bank, Turvanur to the complainant
04	Ex-A-4:-	Letter dated 12.10.2014 issued by the OP Bank to the Manager, Canara Bank, Chitradurga
05	Ex-A-5:-	Original Postal Order for having filed an application under RTI Act

Documents marked on behalf of OP:

01	Ex-B-1:-	Reply to the notice
02	Ex-B-2:-	Postal receipt and served acknowledgement
03	Ex-B-3:-	Reply to the application filed under RTI Act

 

 

 

MEMBER                                                            PRESIDENT

Rhr**