DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. 467_ OF ___2015_

DATE OF FILING : 21.12.2015                   DATE OF PASSING JUDGEMENT:06.09.2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker  & Jhunu Prasad

COMPLAINANT             :   Timir Kumar De, son of late Amarendra Nath De of 2A/5, Badan Roy Lane, P.S Beliaghata, Kolkata – 10, permanently residing at Vill. Joychandipur, P.O Bakhrahat, P.S Bishnupur, Dist. South 24-Parganas, Pin -743377

-VERSUS  -

O.P/O.Ps                            :  Union Bank of India, through its Branch Manager, Bakhrahat Branch, vill. + P.O Bakhrahat, Dist. South 24-Parganas, Pin-743377

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                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

The allegation of the complainant by filing this petition under section 12 of the C.P Act, 1986 as amended  is that complainant is one of the legal heirs and successors as per Succession Certificate of his spinster sister Minati Dey since deceased and his sister Minati Dey died intestate on 18.12.2007 leaving six numbers of Fixed Deposits and one S. B Account at Union Bank of India, Bakhrahat Branch being Fixed Deposit numbers mentioned in para 2 of the complaint and S.B Account no. 5619 .

It has claimed that after following long procedure  and having obtained Succession Certificate vide case no. 165 of 2012 on 22.9.2014 and he being one of the successors submitted an application on 19.8.2015 for payment as per Succession Certificates ,but no reply has been given by the Bank authority. Bank Manager advised to submit an application for duplicate FDR dated 19.8.2015which was also previously done on 24.11.2012.But that also remained without reply. Hence, he prays for direction to release    the proceeds with upto date interest to the applicant along with compensation for mental agony and harassment and negligence of duty which assessed for Rs.1,50,000/- and cost of Rs.50,000/-.

The O.P Bank contested the case by filing written version and denied all the allegations made in above. The O.P bank specifically admitted that complainant suppressed the material facts regarding the judgment over the issue passed by the Hon’ble Forum in C.C no. 17 and 18 of 2011 and Hon’ble State Commission also passed judgment in FA 144 and 145 of  2013 . It has also submitted that the answering O.P also preferred appeal before the Hon’ble State Commission being S.C Case no. 842 and 841 of 2012 and all the four appeals were disposed of by the Hon’ble State Commission vide order dated 21.5.2014 , wherein direction of this Hon’ble forum to pay the amount of four Fixed Deposit to the nominee of the said fixed deposit after taking declaration from the nominee was upheld. Though complainant in the instant case was a party before the Hon’ble State Commission but complainant suppressed the same before this Forum. However, bank has already given money to the nominee in terms of the order of the Hon’ble State Commission regarding four FD being nos. 303/72568,  303/72571,  303/72565, 303/72563 and the payments were made in terms of the order of the Hon’ble Forum which was upheld by the Hon’ble State Commission. However, Bank has admitted that two F.D being nos. 303/72566 and 303/72570 is lying with the O.P Bank as there was no nomination for said two F.D. Bank is ready and willing to make payment to Mr. Timir De in terms of the Succession Certificate produced by the complainant. But complainant wanted payment of all other four FDs also , the amounts of which were already                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        disbursed to the nominee in terms of the order passed by the Hon’ble forum in C.C no. 17 and 18 of 2011,which was affirmed by the Hon’ble State Commission. Hence, the O.P bank acted in good faith and there is no deficiency in service on the part of the O.P Bank.

Points for decision in this case is whether there is any deficiency in service on the part of the O.P Bank or not.

                                                Decision with reasons

At the very outset it must be stated that O.P Bank has not acted any illegality in disbursing four FDs in favour of the nominee, since it was made in terms of the order of this Bench which was upheld by the Hon’ble State Commission and secondly it is unfortunate to point out that in  F.A no. 841 and 842 of 2012  the name of the complainant is appearing in the cause title. Complainant cleverly suppressed the material facts. This is suppression of material facts and clearly directs us to dismiss the complaint in view of the direction of the Hon’ble Apex court.

But we restrain ourselves in passing any adverse order against the complainant , particularly when he is one of the successors of his spinster sister Minati Dey, since deceased and obtained Succession Certificate and Bank has also agreed to disburse the rest two FDs in terms of the said Certificate. So, Bank has liability in not allowing the application to disburse the other FD which was disbursed in terms of the order of this Forum to the nominee.

Accordingly we find that although there is no deficiency in service on the part of the O.P Bank but one order should be passed to disburse the two FD amounts which have been mentioned above along with the amount lying in the Saving Account no. 5619 in terms of the order of the Succession Certificate.

Hence,

                                                            Ordered

That the application under section 12 of the C.P Act, 1986 is  disposed of with a direction to the O.P to disburse the amounts of Two F.Ds nos. 303/72566 and 303/72570  as well as the amounts lying in the Savings Account no. 5619 according to the share of the complainant in terms of the Succession Certificate.

But we made no order as to the compensation since there is no harassment, rather complainant has suppressed the material fact and filed this case against the Bank.

However, complainant has to file this case for which a cost of Rs.500/- has to be given to the complainant ,which is the cost for filing this case, within 30 days from the date of this order and the said amounts of FDs and the amount lying in the Savings Account will be released along with the share of the complainant in terms of the Succession Certificate within 30 days from the date of this order, failing which, Bank has to pay compensation to the tune of Rs.50,000/- and if it is complied with within the stipulated period, then no compensation will be imposed.

It should be mentioned here that in terms of other four F.Ds complainant has to approach before the Civil Court against the nominees ,if they so desire, for obtaining their legal share in terms of the Succession Certificate.

If the order be not complied with by the O.P in light of the above observation, then complainant is at liberty to execute the order through this Forum.                                                                                                                                                                                                                                                           

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

Member                                                           Member                                               President

Dictated and corrected by me

                        President

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,         

                                                Ordered

That the application under section 12 of the C.P Act, 1986 is  disposed of with a direction to the O.P to disburse the amounts of Two F.Ds nos. 303/72566 and 303/72570  as well as the amounts lying in the Savings Account no. 5619 according to the share of the complainant in terms of the Succession Certificate.

But we made no order as to the compensation since there is no harassment, rather complainant has suppressed the material fact and filed this case against the Bank.

However, complainant has to file this case for which a cost of Rs.500/- has to be given to the complainant ,which is the cost for filing this case, within 30 days from the date of this order and the said amounts of FDs and the amount lying in the Savings Account will be released along with the share of the complainant in terms of the Succession Certificate within 30 days from the date of this order, failing which, Bank has to pay compensation to the tune of Rs.50,000/- and if it is complied with within the stipulated period, then no compensation will be imposed.

It should be mentioned here that in terms of other four F.Ds complainant has to approach before the Civil Court against the nominees ,if they so desire, for obtaining their legal share in terms of the Succession Certificate.

If the order be not complied with by the O.P in light of the above observation, then complainant is at liberty to execute the order through this Forum.                                                                                                                                                                                                                                                           

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

Member                                                           Member                                               President