C.C filed on:28.01.2016
Disposed on:19.08.2016
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, TUMKUR
DATED THIS THE 19th DAY OF AUGUST – 2016
C.C. No. 16 OF 2016
:PRESENT:
SMT. PRATHIBHA. R.K. BAL LLM. PRESIDENT,
SRI. D. SHIVAMAHADEVAIAH, B.A. LLB, MEMBER
SMT. GIRIJA, B.A. LADY MEMBER
COMPLAINANT/S:
Saraswathi Bai
D/o Late Siddoji Rao,
Aged about 56 years,
R/o 5th Cross,
Sriramanagar,
Tumakuru.
(By Sri/Smt. Ravi N.R. - Advocate)
-V/s-
OPPOSITE PARTY/IES
1. The President
Sree Neelakanteshwara
Swamy Pattina Sahakara
Sangha Niyamitha,
Horpet, Tumakuru.
2. The Chief Executive Officer,
Sree Neelakanteshwara Swamy
Pattina Sahakara Sangha Niymitha,
Horpet, Tumakuru.
(By Sri/Smt. C.N.Hanumantharajau - Advocate)
:-O R D E R:-
SMT. PRATHIBHA R.K. - PRESIDENT
The complainant has filed this complaint Under Section 12 of the Consumer Protection Act 1986 against the OPS alleging deficiency in service on the part of OPS and prays to direct the Opposite Parties to pay Rs.75,100/- which was in the S.B. Account No.432/4 and further requested to direct the OPS to pay Rs.25,000/- towards compensation, Rs.25,000/- towards deficiency of service and Rs.1,000/- towards litigation cost in the ends of justice and equity.
The brief facts of the complaint is as under:-
2. The complainant submits that the complainant is an age old woman and her sister Smt.Girija Bai had S.B. Account bearing No.432/4 with the OPS’ Society. The complainant further submitted that Smt.Girija died on 30/04/2014 and she has neither any issues nor husband and she was completely depending upon the complainant and the complainant was completely taking care of the Smt. Girija Bai and that she has every right to get the amount of Rs.75,100/- left in the S.B. Account bearing No.432/4. In this regard, the complainant demanded the OP for the said amount, but the OPS directed the complainant to furnish the succession certificate issued by the Competent Court of Law. Hence, the complainant approached the Hon’ble IV Additional Civil Judge & JMFC at Tumkur by filing P & SC No.9/2014 seeking for succession certificate in respect to get the amount of Rs.75,100/- which was in the S.B. Account No.432/4 together with interest.
The complainant further submitted that the Hon’ble Court conducted the proper and full fledged proceedings and finally came to the conclusion that the complainant is entitled to get the amount of Rs.75,100/- with interest and passed a suitable order on 10/04/2015 and issued succession certificate on 04.12.2015. The complainant further submitted that after taking succession certificate, she had approached the OP/Bank for releasing the amount pertaining to deceased Smt.Girija Bai on 09.12.2015. The OPS’ Society refused to release the amount without any proper reason. Hence, the complainant issued a legal notice to the OPS through her Advocate dated 31.12.2015 and the same was served on the OPS on 01.01.2016. In spite of the service of notice, the OPS have not paid the above said amount and this act of the OPS is negligent and deficiency of service as per the Banking Rules. Hence, the complainant filed this complaint.
3. Upon service of version notice, the President and CEO of Sree Neelakanteshwara Swamy Pattina Sahakara Sangha Niymitha (Hereinafter referred as OPS) have appeared through their counsel and filed the version. In the version the OPS have denied all the allegations made against them in the complaint copy. The OPS submitted that they have no knowledge about the death of Smt.Girija Bai on 30.04.2014. Further they have no knowledge that Smt.Girija Bai neither had issues nor husband and she was completely under care and custody of complainant.
Further, the OPS submitted that the complainant has taken P & SC order by the IV Addl. Civil Judge, JMFC at Tumakuru without the knowledge of the OPS since the complainant has not made them as parties to the proceedings and therefore the said order is not binding on the OPS.
The OPS further submitted that they have requested the complainant to furnish the death certificate of Smt.Girija Bai, genealogical tree and other relevant documents and to bring all the legal representatives of Smt.Girija Bai to enable the OPS to pay the amount to all the Lrs as per Law as Smt.Girija Bai has not nominated any person as her nominee. But the complainant was not willing to bring all the Lrs of the Smt.Girija Bai, but instead of bringing the Lrs of the deceased Smt.Girija Bai, the complainant wants to grab the entire money kept in the name of Smt.Girija Bai.
The OPS further submitted that now itself they are ready to pay the amount of Rs.75,100/- to the Lrs of the Smt.Girija Bai, if the complainant produced necessary documents and that among other ground it was requested to dismiss the complaint in the interest of justice and equity.
4. Both parties have filed their affidavit evidence. The complainant has marked the documents at Ex.P1 to P14. Heard the arguments and then posted the case for orders.
5. Based on the above materials, the following issues will arise for our consideration.
- Whether there was deficiency in service on the part of the OPS as alleged by the complainant?
- What Order?
6. Our answer to the above issues are as under:-
Issue No (1) : In the Affirmative
Issue No (2) : As per final order below
:-REASONS:-
Issue No.1:-
7. On perusal of the pleadings, evidence and documents, it is an undisputed fact that the deceased Smt. Girija Bai who is the Sister of complainant had balance of Rs.75,100/- with her S.B. Account No.432/4 maintained at OPS/Sahakari Sangha.
8. The contention of the complainant is that, she was taking care of her sister deceased Smt.Girija Bai. After the death of her sister, complainant approached the OPS and requested to pay the amount of Rs.75,100/- which is in the S.B.Account of Smt.Girija Bai. The complainant further contended that the OPS instead of paying the amount directed the complainant to produce succession certificate. Hence, the complainant approached the Competent Court to get succession certificate. The Competent Court after conducting full fledged trial issued succession certificate on 04.12.2015. Thereafter the complainant approached the OPS with succession certificate and requested to pay the amount of Rs.75,100/-. But the OPS/Sahakari Sangha refused to release the amount. Hence, the complainant filed this complaint.
9. Per-contra, the OPS contended that even today they are ready to pay the amount to the complainant, if the complainant produced relevant documents i.e. death certificate of Smt.Girija Bai, and genealogical tree. But the complainant instead of producing those documents simply alleged against the OPS and that the complainant is trying to grab the money.
10. The complainant has produced documents and marked at Ex.P1 to P14. We have carefully perused the same. On perusal of Ex.P1, the order passed by the Hon’ble IV Addl. Civil Judge & JMFC, Tumkur wherein the Hon’ble Court has declared based on the documents produced by the complainant herein as the complainant is the Class-I legal heir of Late Girija Bai.
11. Further, it is seen that the Hon’ble Court has issued succession certificate to the Petitioner in respect of schedule property i.e., Savings Bank S/B Account amount Rs.75,100/- on coming to the conclusion that the complainant is the Class-I legal heir of the deceased Smt.Girija Bai. Further as per the direction of the OPS, the complainant approached the Civil Court and obtained succession certificate and even after obtaining succession certificate, the OPS refused to release the amount of Rs.75,100/-. Based on the succession certificate, the OPS ought to have released the amount in the S.B.Account of the complainant’s deceased sister late Smt.Giriga bai. Hence, on the above discussion and based on the order passed by the Hon’ble Civil Court in P & S.C. No.9/2014 it is clear that the OPS have committed deficiency of service. Therefore, we answer the point No.1 in the Affirmative.
Issue No.(2):-
12. In the result the OPS are liable to pay Rs.75,100/- which was in the S.B. Account of Smt. Girija Bai together with interest @ 9% P.A. from the complaint to till realization. The complainant has claimed Rs.25,000/- towards compensation. In the present case initially the complainant approached the OPS and requested to release the amount of Rs.75,100/- which was in the S.B.Account of Smt.Girija Bai stating that she is the legal heir of the deceased Smt.Girija Bai. Thereafter the OPS have directed the complainant to get the succession certificate from the Competent Court of Law. Accordingly, the complaint filed P & S.C. case before the Civil Court and obtained Succession certificate and thereafter approached the OPS to release the amount of Rs.75,100/. But the OPS refused to release the amount to the complainant though there is succession certificate issued by the Competent Court of Law stating that she is the Class-I legal heir of the deceased Smt.Girija Bai and release the amount of Rs.75,100/- to the complainant. But the OPS have dodged the matter intentionally and thereby put the complainant in trouble. Hence, it is just and proper to direct the OPS to pay Rs.10,000/- to the complainant towards compensation/damages. Further, due to the deficiency of service on the part of OPS, the complainant has approached this Forum for redress her grievance. Therefore it is just and proper to direct the OPS to pay Rs.5,000/- towards litigation expenses. Accordingly, we proceed to pass the following:-
: O R D E R :
1. The complaint filed by the complainant is allowed in the part.
2. The OPS are directed to pay Rs.75,100/- which was in the S.B.Account bearing No.432/4 pertaining to the deceased Smt.Girija Bai together with interest @ 9% P.A. from the date of complaint to till realization.
3. Further, the OPS are directed to pay Rs.10,000/- (Rs. Ten Thousand) to the complainant towards compensation and Rs.5,000/- (Five Thousand only) towards litigation cost.
4. The OPS are further directed to comply the above order within 30 days from the date of knowledge/communication of the order.
5. Supply free order copy to the parties.
(Dictated to the stenographer, transcribed and typed by him, then corrected and pronounced in the open Forum on this the 19th Day of AUGUST 2016).
LADY MEMBER MEMBER PRESIDENT
Tss
