By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant is a minor represented by grandfather. The father of the minor complainant who was working abroad died due to cardiac arrest on 12/03/2009 from abroad. The complainant submitted that the employer of deceased father of complainant offered financial assistance to the complainant and for that purpose an account was opened with the federal bank Pandikkad branch in the name of the complainant and the grandfather perkuth Muhammed. The account number is 11200100152068. The complainant submitted that even though there was an account in favor of the complainant the first opposite party allowed to open a joint account in the name of complainant and her mother before federal bank Branch Melattoor. It is also submitted that an amount of Rs.8, 00,000/-from abroad was credited in to that account.
2. The complainant submitted that subsequent to the demise of father of the complainant she is living with grandfather. The complainant alleges due to opening of a separate account in the name of minor complainant and her mother before Melattor branch of federal bank, the amount sent in to that account is not availed to the minor girl and the complainant is struggling for her education expenses and day today requirements. The allegation of the complainant is that due to opening an account in the name of mother of the complainant who is not a legal guardian the complainant lost an amount of rupees 8,00,000/-. The complainant alleges the act of the first opposite party is unfair and illegal. Hence the complainant pray for 18, 00,000/- lakh rupees including 8, 00,000/- rupees which had credited in to the account and 10, 00,000/- lakh rupees as compensation.
3. On admission of the complaint notice was issued to the opposite parties and the opposite parties entered appearance and the first opposite party filed version.
4. The first opposite party denied the entire averments and allegations in the complaint. The complainant is liable to prove the entire averments in the complaint.
5. The opposite party submitted that the complainant and her mother Sahira opened an account with the first opposite party with account No.15980100013149 and an amount of Rs.26,045/- was deposited on the same day before the first opposite party as number 15980300002074. It is submitted that certain amounts Rs.14, 380/- dated 01/02/2010, Rs.14,603/- dated 25/05/2010, Rs.21,118/-dated 13/12/2010, Rs.32,300/- dated 06/09/2011, Rs.33,763/- dated 09/05/2012, Rs.54,810/- dated 06/05/2013 i.e all together Rs. 1, 70,974/- were also deposited in the account from the abroad. Meanwhile on 22/05/2018 the account holder, the mother of the complainant Mrs. Sahira approached the first opposite party and enquired the amount credited in to the account on 31/08/2014 and 20/09/2016 and also submitted a letter regarding the enquiry. The letter followed receipts for remittance of Rs.42,520.83/-dated 31/08/2014 and Rs.62,915.30/- dated 20/09/2016 respectively. It was learned that the said amount was credited in favor of FD account No.15980300002074 and so the letter was transferred to operation department and a replay was also issued to the account holder Sahira.
6. Thereafter the guardian of complainant Mr. Perkuth muhammed issued a notice to the opposite party demanding refund of 18 lakh rupees. The contention in the notice is baseless and so the complainant enquired and found that the minor girl has got an account with federal bank pandikkad branch as Mr. .Perkuth Muhammed as guardian. The opposite party submitted that as per the circular of reserve bank of India a mother of minor child can open an SB account with bank on behalf of a minor. The mother of the minor girl opened account with the first opposite party and so there is no defect on the side of first opposite party in opening the account. The opposite parities not responsible for the dispute among the family members of the minor account holder. The opposite party is only liable to credit the amount received in to the account. The opposite party further contended that the complaint is defect for non-joinder of necessary party and according to the opposite party the mother of the minor account holder is to be a party in the complaint. The opposite party alleges the mother of the minor girl and the grandfather of the minor girl colluded each other and trying to recover unauthorized money from the opposite party. The opposite party also contended the complaint is time barred one and the complainant is not entitled for any relief as prayed in the complaint.
7. The second and third opposite party though notice received no version filed.
8. The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A8. Ext. A1 is copy of death certificate issued by Consulate general of India Saudi Arabia dated 09/11/2016. Ext. A2 is copy of bank pass book of Mr. Huda Fathima with account No. 11200100152068 Federal Bank, Panidkkad branch. Ext. A3 is copy of statement of account of federal bank in respect of account No. 15980100013149 from 01/01/2010 to 27/02/2020. Ext. A4 is copy of lawyer notice dated 20/03/2020 issued by Adv. P.T Unnikrishnan to the first opposite party. Ext. A5 is copy of reply notice issued by the first opposite party to Adv. P.T Unnikrishnan dated 15/01/2020. Ext. A6 is copy of memorandum for registration of marriage submitted before melattoor grama panchyath by Abdul Rahuf. P and Sahira. T.K. Ext. A 7 is copy of legal heir ship certificate dated 17/03/2018. Ext. A8 is copy of letter issued from federal bank Melattoor to Sahira .T.K dated 06/06/2018. The opposite parties did not file affidavit and documents. Hence opposite parties set exparte.
9. Heard complainant, perused affidavit.
10. The case of the complainant is that some amount has been sent to the account of the minor from abroad and the allegation is that the guardian i.e. the grandfather who filed this complaint on behalf of the minor Huda fathima is that the first opposite party opened a joint account with them for and on behalf of the minor girl along with her mother, who is not legal guardian of the minor. Later, it was found some amount was credited to that account which was originally entitled by the complainant. The act of the first opposite party was a willful action since the complainant had informed the existence of joint account on behalf of the minor along with the grandfather. According to the complainant the employer of the deceased father had transferred some amount in to the account which was actually entitled to be transferred in to the account maintained before pandikkad branch of the first opposite party bank.
11. The Commission have gone through the documents produced by the complainant as Ext. A1 to A8. The Commission also perused the version submitted by the first opposite party though the opposite parties were set exparte. The perusal of documents of complainant does not reveal that an amount as stated by the complainant were transferred in to the account at any point of time. The opposite party contended in the version that the mother of the minor girl is also is a necessary party to adjudicate the dispute. More over the reserve bank of India guideline permit the opposite party to open an account by mother on behalf of minor child.
12. Hence the complainant failed to establish the contention in the complaint. None of the documents reveals the allegations or the averments in the complaint. In the absence of evidence, the Commission holds that the complaint is not entitled a relief as prayed in the complaint and so the complaint stands dismissed.
Dated this 27th day of February, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A8
Ext.A1: Copy of death certificate issued by Consulate general of India Saudi Arabia
dated 09/11/2016.
Ext.A2: Copy of pass book of Mr. Huda Fathima with account No. 11200100152068
Federal Bank, pandikkad branch.
Ext A3: Copy of statement of account federal bank account in respect of account No.
15980100013149 from 01/01/2010 to 27/02/2020.
Ext A4: Copy of lawyer notice dated 20/03/2020 issued by Adv. P.T Unnikrishnan to
the first opposite party.
Ext A5: Copy of reply notice issued by the first opposite party to Adv. P.T
Unnikrishnan dated 15/01/2020.
Ext.A6: Copy of memorandum for registration of marriage submitted before melattoor
grama panchyath by Abdul Rahuf. P and Sahira. T.k
Ext.A7: Copy of legal heir ship certificate dated 17/03/2018
Ext.A8: Copy of letter issued from federal bank Melattor to Sahira .T.K dated
06/06/2018.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
