DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. Case No. 303/2018

Date of Filing:                      Date of Admission:             Date of Disposal:

27.07.2018                           02.08.2018                              21.04.2022

P R E S E N T         :-           Shri Debasis Mukhopadhyay…………President.

                                       :-      Smt. Monisha Shaw …………………. Member.

JUDGMENT / FINAL ORDER

This is a complaint U/s 12 of the Consumer Protection Act.

The Complainant stated that her husband Syed Rafiqul Alam had a savings bank account before the O.P. No. 1 being account number 9067756471 and a petitioners name was recorded as nominee registered on 04/02/1970. Her husband died on 13/10/2015 leaving an amount of Rs. 1,04,854/- in the said account by up-to-date calculation till 01/04/2017. The petitioner as per instruction of O.P. No. 1 and 2 made a claim application on 13/09/2017 along with Death Certificate, Legal Heirs Certificate and other necessary documents. The O.P. No. 1 and 2 were not interested to settle the claim inspite of repeated reminders and advocates letter. The petitioner’s husband had left the petitioner as wife and two sons and one daughter as his only legal heirs and the petitioner being the wife and nominee of the said Savings Bank A/c is entitled to get the amount since the other legal heirs filed their disclaimer by affidavit. As the O.Ps are not releasing the amount lying in the said account in favour of the petitioner, the petitioner filed this case praying for direction to the O.Ps to pay the amount of Rs. 1,04,854/- to the petitioner with interest and also compensation of Rs. 50,000/-.

The O.P. Nos. 1 and 2 contested the case by filing written objection and denied the allegation of the Complainant. The O.P. stated that after the death of Late Syed Rafiqul Alam, his wife preferred her first claim on 19/06/2017 for Rs. 45001.65/- in respect of the said Savings Bank Account in the name of Syed Rafiqul Alam which tallied with Kolsur S.O., ledger copy of Savings Bank Account No. 9067756471 (old no. 2221376) dated 07/04/2018 and admissible for sanction. But the Complainant submitted another claim on 13/09/2017 to the tune of Rs. 1,04,854.50/- without mentioning any particulars of transaction regarding increase of claim from Rs. 45001.65 to Rs. 1,04,854.50/-. One withdrawal transaction for Rs.

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       C.C. Case No. 303/2018

39,000/- on 08/12/2008 which was duly entered into passbook of concerned Savings Bank A/c and reflected in Kolsur P.O. but not entered into core banking software due to wrong date posting for which the computer printed entered in the passbook show the raised balance of Rs. 1,04,854.50/- instead of Rs. 45001.65/-.

The O.Ps further stated that the Complainant first submitted her claim of the sum of Rs. 45001.65/- on 19/06/2017 along with original copy of Indemnity Bond, Affidavit, Letter of Disclaimer, Legal Heir Certificate, Death Certificate & Passbook and then after a few months she submitted the other claim application on 13/09/2017 claiming Rs. 1,04,854.50/- . The O.P. stated that the petitioners claim for increased amount subsequently has no leg to stand upon. It is also mentioned that the passbook was with depositor during operation and the depositor did not raise any objection regarding balance of the account and the petitioner also could not produce any document regarding deposit of the amount to the tune of Rs. 1,04,854.50/-  and therefore the subsequent claim amount was not correct. The account under reference was migrated to CBS platform on 17/02/2016 with wrong balance of Rs. 96,943.50/-  instead of actual balance of Rs. 45001.65/-. Manual Ledger was being maintained at Kolsur Sub Post Office prior to migration to CBS platform and particulars of transactions were noted in the passbook concerned manually and all the manual transactions are authenticated by putting initial of the Sub Post Master, Kolsur S.O. with date stamp and the manual entries in the passbook agree with the transaction available in the manual ledger and therefore the Complainant is entitled to get Rs. 45001.65/- + admissible interest on it. The O.P. stated that the confusion was created by the Complainant herself taking advantage on some error in the computer posting and accordingly the Complainant taking advantage of some error subsequently raised the enhanced claim by suppressing material fact for wrongful gain. Accordingly, O.P. prayed for dismissal of the case.

From the contention of the parties, it appears that the points for consideration in this case are whether the case is maintainable or not and whether the Complainant is entitled to get relief as prayed for or any other reliefs in this case.

Decisions with Reasons:_

The Ld. Advocate for the Complainant submitted that the Complainant is entitled to get Rs. 1,04,854.50/- as per documents of the Post Office / O.P. Nos. 1 and 2 and the Opposite Parties are illegally withholding the money of the Complainant without any reason. He further prayed for reliefs as per prayers of the complaint. The Ld. Advocate for the O.Ps submitted that the Complainant first claimed the amount of Rs. 45001.65/- as per the actual passbook entries and manual ledger entries but subsequently ill advised by some motivated person claimed revised amount of Rs.  1,04,854.50/- taking advantage of some computer error that was made subsequent to the death of the Complainant’s husband. He submitted that the Complainant could not produce the documentary evidence regarding the enhanced claim and therefore the Complainants should not be given any revised claim as prayed for but the Complainant is entitled to get the claim first made by her as per the passbook entries and the ledger entries and that is the amount of Rs. 45001.65/- along with interest.

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       C.C. Case No. 303/2018

We have considered the written complaint, written version and the evidence of the parties with document and the submissions of both sides. It is found that the Complainant suppressed the fact that she initially submitted claim of Rs. 45001.65/- along with all the documents but subsequently she made a revised claim of Rs. 1,04,854.50/-.

It is found from the documents filed by the Opposite Parties that as per Ledger entries and the manual passbook the balance amount in the account is Rs. 45001.65/- and not Rs. 1,04,854.50/-. The O.Ps contended that there was an error in the computer entry when the passbook entries were being entered into the machine while the manual ledger was being transferred to the CBS platform on 17/02/2016.

It is found from the record that admittedly the husband of the Complainant died on 13/10/2015 before such alleged migration to CBS platform was being done. Therefore, the error in the computer occurred after the death of the Complainant. Accordingly, we find substance in the contention of the Opposite Parties that it was an error while the manual ledger was migrated to CBS platform on 17/02/2016. The Complainant being the wife of the account holder had no knowledge of the actual deposit that were being made by the account holder which is evident from the fact that the Complainant initially put a claim of Rs. 45001.65/-. Had the Complainant had knowledge of actual deposits made by her husband then she must have put her claim as Rs. 1,04,854.50/- that was subsequently made and suppressed by the Complainant in the complaint. Therefore, considering the fact and circumstances of the case we find that the version of the O.P. is much more believable than the version of the Complainant and as per manual ledger and the passbook the balance amount in the account is Rs. 45001.65/-

Thus, the Complainant is entitled to get Rs. 45001.65/- along with interest and not Rs. 1,04,854.50/- as claimed by the Complainant subsequently.

Accordingly the case is disposed of.            

Hence,

It is Ordered:-

That the case being no. C.C. 303/2018 be and the same is allowed in part on contest against the Opposite Parties.

The Opposite Parties are directed to refund Rs. 45001.65/- (forty five thousand one and sixty five paisa) along with Savings Bank interest there on from the date of death of the husband of the Complainant i.e. on 13/10/2015 till realisation of the same within 02 months from this date, failing which the Complainant is at liberty to execute the decree according to law. 

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

Dictated & Corrected by me                      

President                                          

Member                                                                                                         President