Shri. Apurba Kr. Ghosh............President.

The complainant has filed this case against the OPs Under Section 35 of the Consumer Protection Act, 2019 and praying for the following order/reliefs:-

1. Direction against the OPs to make payment of Rs. 3,20,397/- only plus accrued interest up to the date of payment lying in the Savings Bank Account bearing no. 4000431010003990(old no. 930) of deceased Nima Oraon i.e. the father of the complainant.
2. Direction against the OPs to pay a sum of Rs. 1,50,000/- to the complainant as compensation for mental pain, agony, harassment, financial loss suffered by the complainant due to negligence and deficiency in service on the part of the OPs.
3. Direction against the OPs to pay charges for legal proceedings as well as interest @ 15% per annum till the date of making payment.
4. Any other relief/reliefs to which the complainant is entitled.

The fact of the complaint

1. The complainant is daughter of Nima Oraon son of late Mangru Oraon, the father of the complainant during his life time has opened a savings bank account bearing no. 4000431010003990(old no. 930) in his name with the OP no. 1 and has deposited a sum of Rs. 3,20,397/- in the said savings account.
2. That the father of the complainant died on 28.12.2008 leaving behind his legal heirs including the complainant, after death of father of the complainant the complainant along with other legal heirs of Nima Oroan went to the OP no. 1 to meet with the OP no. 2 for claim of the said amount for Rs. 3,20,397/- which was lying with the OP no. 1 and after meeting with the OP no. 2 he supplied the copy of claim form, copy of specimen of affidavit and copy of specimen of surety to be filed up and submit the same with the OP no. 2 as per requirement of the OP no. 1 and they also asked to submit photocopy of death certificate of her deceased father, photocopy of legal heir certificate photocopy of Savings Bank Account of complainant photocopy of Voter Identity Card of her deceased father and other legal heirs, photocopy of pan Card of the complainant along with the duly filled up forms, affidavit and declaration of surety as supplied by the OP no. 2 and he told that the legal heirs including the complainant is to provide two numbers of sureties each having at least equivalent amount of Rs. 3,20,397/- lying in their respective Bank Accounts with the OP no. 1 or each having landed property at least equivalent to the said amount and if they have landed property at least equivalent to the said amount they have to deposit the documents of the landed property with the OP no. 1 and in alternative to submit original succession certificate granted by the appropriate court for the collection of debts and securities and payable to and belonging to the deceased Nima Oraon.
3. That the complainant along with legal hears finding no other alternatives preferred an application under section 372 of Indian Succession Act 1925 before the Ld. District delegate Court at Siliguri on 28.06.2017 for getting succession certificate being misc. judicial (succession) 42/2017 for grant of succession certificate/on 14.02.2020 Ld. court was pleased to grant succession certificate in favor of the complainant and empowered the complainant to collect debts and securities amounting to Rs. 3,20,397/- plus accrued interest up to the date of payment lying in the savings bank account of the deceased being no.  4000431010003990(old no. 930).
4. That after  receiving the original copy of succession certificate the complainant went to the OP no. 1 to submit the same with the OP no. 2 for collection of Rs. 3,20,397/- plus accrued interest of the deceased father of the complainant but the OP no. 2 denied to make payment of the aforesaid debts lying with the OP no. 1. Again they insisted the complainant to submit duly filled up forms, affidavit, declaration of two sureties having at least equivalent sum of Rs. 3,20,397/- lying in their respective bank accounts with the OP no. 1 or each having landed property at least equivalent to the said amount and if they have landed property they will have to deposit original Deed with the OP no. 1 in spite of showing the aforesaid original succession certificate to the OP no. 2.
5. Finding no other alternative the complainant sent legal notice to the OPs by registered post with AD on 08.12.2020 requesting to make payment of the sum of Rs. 3,20,397/- plus accrued interest up to the date of payment within 15 days from the receipt of notice and the said notice was duly received by the OPs on 11.12.2020. After receiving the notice the OPs sent reply through their Ld. Advocate stating the complainant need to file duly filled up forms which the OPs have already supplied and after getting said forms as per norms and guidelines of the bank OP no. 1 they will pay the outstanding amount with up to date interest.
6. That by not making payment of the due amount to the complainant the OPs caused mental pain, agony, harassment, financial loss to the complainant due to negligence and deficiency in service on the part of the OPs.
7. That the cause of action of this case arose on 28.12.2008 when the father of the complainant expired who had savings bank account being no. 4000431010003990(old no. 930) having Rs. 3,20,397/- and when the complainant along with other legal heirs of the deceased went to meet with the OP no. 2 to lodge valid and legitimate claim for the aforesaid outstanding balance amount and when the OP no. 2 supplied the copy of claim form and other relevant documents asked the complainant to submit affidavit along with duly filled up pro-forma given by the OP no. 2 and to provide two number of sureties having at least equivalent amount of money in the bank account or having landed property and also arose on 28.06.2019 when the complainant filed an application under section 372 of the Indian Succession Act 1925 for grant of succession certificate and on 14.02.2020 when the Ld. District Delegate Court granted the succession certificate in favour of the complainant and when the OP no. 2 denied to make payment of the said sum of money and on 08.12.2020 when the complainant sent legal notice to the OPs requesting to make payment of the debts and securities left by her deceased father, on 11.12.2020 when the OP duly received the same and lastly on 30.12.2020 when the OP through their Ld. Advocate sent reply against the legal notice of the complainant asking for providing duly filled up forms declaration of sureties and other document in spite of providing original copy of succession certificate and the said cause of action is still continuing .

In support of the case Ld. Advocate of the complainant files the following documents :-

1. Photocopy of passbook of Savings Bank account of the deceased, Nima Oraon, i.e. the father of the complainant.           
2. Photocopy of the Death Certificate of the deceased, Nima Oraon.
3. Photocopy of Voter Identity Card of the deceased, Nima Oraon.
4. Photocopy of application form provided by the Opposite Party/Bank to be filled up in by the complainant.
5. Photocopy of the specimen affidavit to be sworn in by the legal heirs including the Complainant of the deceased, Nima Oraon.
6. Photocopy of the specimen of declaration by the sureties.
7. Photocopy of Aadhaar Card of the complainant.
8. Photocopy of Death Certificate of Jasoda Oraon, wife of Nima Oraon.
9. Photocopy of succession certificate granted in favour of the complainant by the Court of the Ld. District Delegate, Siliguri Dated 14.02.2021.
10. Photocopy of legal notice dated. 08.12.2020.
11. Photocopy of postal receipt dated. 08.12.2020.
12. Photocopy of A/D Card.
13. Photocopy of reply by the OP through its Ld. advocate dt. 30.12.2020 against the legal notice of the complainant.

Notice was sent from this commission upon the OPs which are duly served. On receipt of notice the both the OPs have appeared before this commission through their Ld. Advocate, filed their written version, denied all the material allegations of the complainant. In the written version the OPs have stated that the case is not maintainable in law as well as fact, the case is beyond the jurisdiction of this commission/the consumer case is not maintainable for mis joinder and non joinder of necessary parties/ this Consumer Case is barred by law of limitation/ this complainant is not a consumer within the meaning of the Consumer Protection Act/there was no lapses and negligence or any deficiency in service within the meaning of the Consumer Protection Act on the part of the OPs. Both the OPs have also stated that the claim of the complainant is baseless false and fabricated and by suppressing the actual fact the complainant filed this case but they admit that Nima Oraon since deceased open a savings bank account with OP no. 1 bearing no. 930 without any nominee and in the month of may 2017 the complainant submitted a copy of death certificate of late Nima Oraon to the OP no. 2 and requested him for making payment of money lying with the account of her deceased father and on request of the complainant the OP no. 2 handed over the copy of application form along with other forms as per guidelines of the OP bank and requested her to submit the same after duly filing up and signature along with the copy of legal heir certificate of late Nima Oraon with KYC documents of the legal heirs of late Nima Oraon so that the OP no. 2 can pay the said sum of money immediately on submission of the same to the actual legal heirs as per guidelines of the OP parties bank. Both the OPs have also stated that after receipt of the application forms as well as other forms provided by the OP no. 2 to the complainant the complainant never approached the OPs with the filled up forms along with legal heirs certificate as well KYC documents and unfortunately on 17.12.2020 the OP no. 2 received one legal notice dt. 08.12.2020 from the Ld. advocate of the complainant where it was requested to make payment of the debts amounting Rs. 3,20,397/- plus accrued interest up to the date of payment lying with the bank in the name of deceased Nima Oroan and from the legal notice of the complainant the OPs came to know that the complainant obtained succession certificate from the competent court but no such copy of succession was annexed with the legal notice. They further stated that on receipt of legal notice dt. 08.12.2020 the OP no. 2 through their Ld. Advocate make rely to the complainant and again informed that bank never deny to pay the sum of Rs. 3,20,397/- with up to date interest lying account of late Nima Oraon and in the reply the OP no. 2 has also informed the Ld. Advocate of the complainant that the bank will be glad to pay the said of Rs. 3,20,397/- with up to date interest lying with account Nima Oraon to the complainant  but to pay the outstanding amount of a deceased account the complainant has to comply some formalities as per norms and guidelines of the bank and thereafter on 26.03.2021 the OP no. 2 received notice of this case. Both the OPs have categorically given their answer as per the statements made in the complaint Para wise. By filing the written version both the OPs have stated that there was no deficiency in service on the part of the OPs within the meaning of deficiency in service and they praying for dismissal of this case.

In support of the written version the OPs have annexed some documents as Annexure A, B and other documents.

Having heard the Ld. Advocate of both the side and on perusal of the contents of complaint, written version, documents filed by the parties the following points are to be decided by this commission.

POINTS FOR CONSIDERATION

1. Whether the complainant is a consumer as per the provision of C.P. Act. ?
2. Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
3. Whether there is any cause of action to file this case by the complainant?
4. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
5. Is the complainant has able to prove this case and entitled to get any relief as prayed for?

DECISION WITH REASONS 

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

The complainant was given opportunity to prove its case by filing evidence on affidavit and also by producing documents. To prove the case the complainant herself has filed evidence-in-chief as PW-1 in the form of an affidavit. She also filed the above stated documents in support her case. Ld. Advocate of the complainant also filed written notes of argument (WNA). In the written evidence in chief and in the WNA the complainant has specifically corroborated the contents of the complaint, and also specifically stated on which day her father has died, on which day the complainant along with other legal heirs of deceased Nima Oraon went to the OPs for claiming the sum of money lying in the name of their deceased father. The complainant has also specifically stated in the evidence as well as WNA on which day they filed application for obtaining succession certificate and which day they succession certificate was issued in her favour and on which day she again went to the OPs along with the succession certificate in original requesting to make payment of said sum of money along with interest up to date. The complainant has also corroborated that despite receiving legal notice of the complainant which were sent by her Ld. Advocate the OPs make no payment till today. By filing written version as well as written notes of argument (WNA) the complainant praying for necessary order from this Commission.

At the time of hearing of argument Ld. Advocate of the complainant referred some decisions.

To falsify the case of the complainant the OPs have filed their evidence in the form of an affidavit. They also filed WNA along with some documents where they have specifically denied the allegations of the complainant. By filing the evidence as well as WNA the OPs have corroborated their written version where they specifically stated that the Bank never denied to make payment of the said sum of Rs. 3,20,397/- along with up to date interest which is lying account of late Nima Oraon. They also corroborated the contents of the W/V where they stated that the bank will be glad to pay said sum of money along with interest but the claimant has to comply some formalities as per norms and guidelines of the Bank.

Having heard the Ld. Advocate of the both the sides and on perusal of the evidence of the parties as well as on perusal of their WNA the following points are admitted by the parties :-  

1. The father of the complaint name Nima Oraon now deceased was the account holder of the OP no. 1 bank having his bank account no. 4000431010003990(old no. 930).
2. It is also admitted fact that a sum of Rs. 3,20,397/- is lying in the said savings bank account of deceased Nima Oraon.
3. It is also admitted fact that the account holder Nima Oraon has already died on 28.12.2008 leaving behind the complainant as his legal heir along with others.
4. It is also admitted facet that after death of the account holder Nima Oraon the complainant along with other legal heirs went to the OP no. 1 to meet to the OP no. 2 and requesting to make payment of the said sum of Rs.3,20,397/- along with up to date interest.

It is also admitted fact that the complainant obtained succession certificate from the competent Delegate Court of Siliguri.

It is further admitted fact that the complainant after obtaining succession certificate in original sent demand notice to the OPs requesting for making payment of the sum of Rs. 3,20,397/- along with up to date interest to the complainant.

It is further admitted fact that till today the OP bank make no payment of Rs. 3,20,397/- along with up to date interest to the complainant.

Only denial of the OPs are that the complainant never went to the OP no. 1 to submit duly filled up form along with affidavit, statement of sureties as per the guidelines of the banks. It is also denied by the OPs that the complainant never went to the OPs along with the succession certificate in original.

It is specifically admitted by the OPs who categorically stated in their W/V as well as in their evidence and in their WNA that bank never deny to pay the said sum of Rs. 3,20,397/- with up to date interest lying with account of late Nima Oraon to the complainant.

From the entire record including the evidence of the complainant and on perusal of their documents it reveals that the complainant has tried her level best to received the amount of Rs. 3,20,397/- along with up to date interest from the OPs but till today the OPs make no payment of that amount. It is needless to mention here that the complainant being a tribal person has tried her level best to obtain the sum of money lying with the bank and for which she was compelled to file succession case before the competent court of law and obtained the original certificate there from. Despite receiving the legal notice which was sent by the Ld. Advocate of the complainant in which it was requested the OPs for making payment within 15 days from the receipt of notice but the OPs paid no heed to that notice by making payment of the sum of Rs. 3,20,397/- along with up to date interest for the reasons best known to the OPs and non payment of the said sum of money to the complainant is nothing but the deficiency in service as well as restrictive trade practice on the part of the OPs.

Considering all we are of the view that the complainant has been able to prove its case against the OPs and she is entitled to get the relief.

Hence, it its,

O r d e r e d

The instant Consumer Case being in No. 20/2021 is hereby allowed on contest but in part the OPs are directed to pay a sum of Rs. 3,20,397/- (Three lakh twenty thousand three hundred and ninety seven rupees) only to the complainant along with interest @ 7% per annum with effect from 28/12/2018 ( date of death of the father of the complainant ) till making payment of the entire amount.

The OPs are further directed to pay a sum of Rs. 100,000/- (One lakh rupees) only to the complainant as compensation for mental pain, agony, harassment and financial loss suffered by the complainant due to negligence and deficiency in server as well as restrictive trade practice on the part of the OPs.

The OPs are also directed to pay sum of Rs. 10,000/- (Ten thousand rupees) only to the complainant towards cost of legal proceedings.

The OP is further directed to pay a sum of Rs. 10,000/- (Ten thousand rupees) only to the Consumer Legal Aid Account of this Commission bearing A/C No. 34984097090.

The OPs are directed to pay the awarded amount within 45 days from this day failing which they will have to pay interest @ 9% per annum with effect from this day till making payment of the entire amount.

Let a copy of this order be given to the parties free of cost.