Orissa

Cuttak

CC/270/2022

Miss Shreya Sureka - Complainant(s)

Versus

The Branch Manager,M/s Punjab & Sind Bank - Opp.Party(s)

J K Mohanty & associates

19 Mar 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.270/2022

 

Miss Shreya Sureka,

D/o: Late Rajesh Kumar Sureka,

S/o: Shri Ritesh Sureka,

At:Flat No.581,8^th Floor,

Silver Lining Apartment,Mission Road,

P.O:Buxibazar,P.S:Cantonment,

Town/Dist:Cuttack-753001.                                                       ... Complainant.

 

          Vrs.

 

1.       The Branch Manager,

M/s. Punjab and Sind Bank,

Markat Nagar Branch,Sector-6,

D.A.V School Campus,

                 Cuttack-753014.

 

2.       The Zonal Manager,

M/s. Punjab and Sind Bank,

                   At-D.No.54-14-4C/1,R.K Galeria,

Ring Road,Vijayawada,

Andhra Pradesh-750010.                                  … Opp. Parties.

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    31.12.2022

Date of Order:  19.03.2024

For the complainant:           Mr. J.K.Mohanty,Adv. & Associates.

For the O.P no.1       :           Mr. A.K.Das,Adv & Associates.

For the O.P no.2       :           None.

Sri Debasish Nayak,President.                              

Case of the complainant as made out from her complaint petition in short is that her elder sister Salonee Sureka had opened a Fixed Deposit Account bearing No.07881400006704 at Punjab & Sind Bank,C.D.A,Cuttack.  She had therein made fixed deposit of Rs.5,00,000/- which had matured in the month of August,2022 but unfortunately due to cardiac arrest Salonee Sureka had died on 13.11.2018 leaving behind her only sister Shreya Sureka, the present complainant as her nominee for the said Fixed Deposit.  The parents of Salonee and Shreya had died in the year 2007.  On 6.5.2022 the complainant has submitted an application to the O.P no.1 for releasing the fixed deposit amount which her sister Salonee Sureka had made; in her favour.  The O.P no.1 that day itself intimated the complainant as he wanted the original FDR for processing the request as made by her.  On 12.5.2022, the O.P no.1 had released the outstanding amount in the Savings Bank Passbook of the deceased mother of the complainant namely Renu Sureka through one Demand Draft bearing No.460560 amounting to Rs.2,00,469.21p in favour of the complainant.  The petitioner has come up with her case before this Commission alleging deficiency in service on the part of the O.Ps and thereby has mentioned in her complaint petition that she is ready to furnish all the documents as required excepting the original FDR.  She has prayed through her compliant petition to direct the O.Ps in order to release the matured amount in the FDR with accrued interest alongwith compensation and cost to the complainant.  Thus, in such manner, she has claimed for the FDR amount of Rs.5,00,000/-, compensation to the tune of Rs.10,000/- for her mental agony and further an amount of Rs.10,000/- towards the cost of her litigation.  She has prayed for any other order as deemed fit and proper.

          Alongwith her complaint petition, the complainant has filed copies of several documents in order to prove her case.

2.       Out of the two O.Ps as arrayed in this case, having not preferred to contest this case, O.P no.2 has been set exparte vie order dated 9.3.2023.

          However, O.P no.1 has contested this case and has filed his written version wherein he has urged that the case of the complainant is not maintainable as she has no cause of action and that her case is also bad for non-joinder of necessary parties and mis-joinder of unnecessary parties.  The O.P no.1 admits that the elder sister of the complainant Miss Salonee Sureka had opened a fixed deposit on 11.8.2017 bearing A/c No. 07881400006704 of Rs.5,00,000/- which had duly matured in the month of August,2023.  According to the O.P no.1, the complainant is to prove the death of her elder sister Salonee Sureka with documentary proof.  O.P no.1 admits that on 6.5.2022 the complainant had submitted an application to the O.Ps requesting therein to release the fixed deposit amount of Rs.5,00,000/- that which her deceased sister Salonee Sureka had kept.  Accordingly, O.P no.1 had asked the complainant to provide the original F.D.R in order to process the request as made by the complainant.  O.P no.1 also admits to have released the outstanding amount in the Savings Bank Passbook of Renu Sureka in favour of the present complainant on 12.5.2022 through Demand Draft No.460560 amounting to Rs.2,00,469.21p after verification of the nominee and identity since because Late Renu Sureka was the mother of the complainant.  The complainant had not deposited the original FDR for which her request has not been proceeded with due to want of the said document.  Accordingly, it is urged by O.P no.1 through his written version to dismiss the complaint petition as filed it being not maintainable.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P no.1, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Issue no.II.

Out of the three issues, issue no. ii being the pertinent issue is taken up first for consideration here in this case.

After perusing the complaint petition, the written version, written notes of submission from the side of complainant and the O.P no.1 as well as the copies of documents available in the case record, it is noticed that admittedly the deceased Salonee Sureka is the elder sister of the present complainant Shreya Sureka who had opened one Fixed Deposit Account bearing No. 07881400006704 for Rs.5,00,000/- on 11.8.2017 with O.P no.1.  Admittedly, the O.P no.1 had released the outstanding amount as available in the Savings Bank Passbook of Late Renu Sureka, which was  to the tune of Rs.2,00,470/- in favour of the present complainant on 12.5.2022 as because the complainant is the daughter of the said Late Renu Sureka.  As per Annexure-1, which is copy of the Death Certificate of Salonee Sureka and is filed by the complainant here in this case; Salonee Sureka had died on 13.11.2018 at Irish Hospital,Kolkata.  The complainant had made an application on 6.5.2022 to the O.P No.1 for releasing the fixed deposit amount of Rs.5,00,000/- that which was made by her elder sister late Salonee Sureka with O.P no.1.  It is also not in dispute that on the same day, O.P no.1 had asked for the original FDR in order to process the claim as made by the complainant.  Without cooperating with the O.Ps, the complainant has come up with her case before this Commission alleging deficiency in service against both the O.Ps.  The complainant has mentioned in her complaint petition that she is ready to furnish all the documents except the original FDR that which was created with the O.P no.1 by her deceased sister Salonee Sureka.  O.P no.1 has not disputed about the complainant to be the sister and nominee of Salonee Sureka.  But O.P no.1 had demanded for the original FDR so as to enable him to process the claim of the complainant as made.  It is not understood as to for what reason the said original FDR is not being produced by the complainant before the O.P no.1 and there is also no reason mentioned thereto in the complaint petition itself.  Thus, keeping in mind the facts and circumstances of this case, this Commission arrives at a conclusion that since when the complainant is unable to produce the original FDR as created by her deceased sister so as to process her claim, the allegation as made by her regarding deficiency of service of the O.Ps do not hold good especially when the O.Ps could not process her claim in absence of the original FDR.   Accordingly, this issue goes against the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is not maintainable before this Commission and the complainant is not entitled to the reliefs as claimed by her.  Hence, it is so ordered.

ORDER

The case is dismissed on contest against the O.P no.1 & exparte against O.P no.2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on this the 19^th day of March,2024 under the seal and signature of this Commission.         

                                                                                          Sri Debasish Nayak

                                                                                                 President

 

 

Sri Sibananda Mohanty

                                                                                                 Member