State Consumer Disputes Redressal Commission
The Manager vs Smt.Kumaramma on 24 February, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/1561/2017 ( Date of Filing : 21 Jul 2017 ) (Arisen out of Order Dated in Case No. of District ) 1. The Manager Pragathi Krishna Gramina Bank, Banaur village, Ballari Tq.& Dist. 2. The Manager Head office, Pragathi Krishna Gramina Bank, P.B.No.55,32, Sankankal road, Gandhinagar, Ballari, 3. The Regional Manager Regional Office, Modi Chambers, II cross, Gandhinagar, Ballari ...........Appellant(s) Versus 1. Smt.Kumaramma W/o Ayyanna, D/o Late Vannurappa, Aged about 54 years, Retd. Teacher, R/a Near Govt. Hospital, Alur Mandalum, Kurnool Dist., A.P. PIN-518395 2. Dr.G.Lingappa S/o Vannurappa, Aged about 52 years, Asst. Director of Spices Board, R/a Plot No.152-154, Sri Nilaya Apartment, New Vasavinagar Karkana, Secunderbad-560015 3. B.Earanna S/o Ramud and Smt.late Sharada Varalakshmi, Aged about 36 years, Working in PWD as Attender, R/a Alipur village, PWD quarters, Hospet road, Ballari-583104 4. B.Earanna S/o Ramud and Smt.late Sharada Varalakshmi, Aged about 36 years, Working in PWD as Attender, R/a Alipur village, PWD quarters, Hospet road, Ballari-583104 5. Smt.Jayalakshmi Venkatalakshmi W/o Dr.Bhaskar, D/o Vannurappa Aged about 44 years, R/a Havana pete, Adoni, Kurnool Dist. Andrapradesh. PIN-518301 6. Kum.B.V.Rajeswari D/o Ramud and Smt.late Sharada Varalakshmi, Aged about 22 years, R/a Alipur village, PWD quarters, Hospet road, Ballari-583104 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 24 Feb 2023 Final Order / Judgement Date of filing:21.07.2017 Date of Disposal:24.02.2023 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) DATED: 24th February 2023 PRESENT Mr. K B SANGANNANAVAR: JUDICIAL MEMBER Mrs.M.DIVYASHREE : LADY MEMBER APPEAL NO. 1561/2017 ORDER
BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER This is an appeal filed by OPs in CC/249/2016 on the file of District Consumer Disputes Redressal Forum, Ballari, aggrieved by the order dated 05.05.2017.
The Commission examined grounds of appeal, impugned order, appeal papers and heard.
One Mr.Kuruvalli Vannurappa, held SB account No.1015174 with OP and he during his life time had deposited a sum of Rs.15,00,000/- in Kamadhenu FD on 31.05.2007. It is stated that the maturity of the said deposit was 15.06.2007. Mr.Kuruvalli Vannurappa's wife Smt.Narasamma pre-deceased him, in otherword, died before to him. It is found from the enquiry file that his wife died on 08.04.2002.
According to complainants they are the legal heirs to succeed movable and immovable properties of Late.Vannurappa and Smt.Narasamma and in this regard have obtained a succession certificate from Principal Senior Civil Judge, Bellary in P&SC No.5/2013.
It is found from the file that the Forum below held an enquiry, wherein could see OPs have participated in the proceedings and the Forum below allowed the complaint and directed OPs to disburse the amount available in the account of Mr.Kuruvalli Vannurappa defining their share and held complainants are entitled to recover Rs.10,000/- as compensation for rendering deficiency in service and to pay Rs.2,500/- towards cost of the proceedings.
Let us examine the enquiry file, in particular the defence taken up by the appellant herein that they required that complainants have to approach jointly and submit their claim. In this regard appellant submit that complainants have failed to submit their claim for disbursement and failed to co-operate with the bank approaching jointly. In our view, this submission has some considerable force, considering the fact that the depositor died without nominating anybody, since his wife died prior to his death. In our view, if the Forum below directed the OP Bank to disburse the amount lying in the account of the deceased account holder being a consumer, would have been appreciated, however, awarding compensation of Rs.10,000/- for rendering deficiency in service and Rs.2,500/- towards cost of proceedings could not be maintained considering the fact found from the enquiry file that the complainants have failed to submit a joint claim before the OP, along with the Succession Certificate.
It is also found from the enquiry file that the complainants have approached Principal Senior Civil Judge, Bellary for issuing Succession Certificate in P&SC No.5/2013 in their favor and ofcourse have obtained such certificate from the said court. In our view, it could have been submitted by the complainants along with their claim request to the OP, as to how the amount has to be disbursed in their favor. If for any reasons complainants have failed to co-operate with the bank approaching jointly as required and if they failed to approach at all OP Bank cannot be held rendered deficiency is service. In such view of the matter, awarding Rs.10,000/- as compensation for rendering deficiency in service and Rs.2,500/- towards cost of the proceedings is not justified. In other words, does call for an interference in this appeal.
The important fact from the point of complainants would be amount was deposited by Mr.Kuruvalli Vannurappa and it is still lying in their bank and when complainants have obtained succession certificate in their favour from court competent to issue certificate and if it is produced to the bank is bound to accept and to act upon, since production of succession certificate is nothing but execution of an indemnity bond. In other words, legal effect of succession certificate has to be construed as an indemnity bond and the said certificate has to be implemented with all force. It is for the complainants to agitate inter-se dispute if any in respect of the said amount. In other words, bank is bond to disburse or release the lying amount along with accrued interest as guided by the RBI, whether it is a fixed deposit or lying in SB account of Mr.Kuruvalli Vannurappa as the case may be.
In view of the above such conclusion, impugned order does call for interference. Hence, Commission proceed to allow the appeal in part and directed complainant Nos.1 to 5 to submit succession certificate issued in their favour in P&SC No.5/2013 on the file of Principal Senior Civil Judge, Senior Division, Bellary along with death claim to OP1 bank and on receipt of such death claim along with such succession certificate, OP1 is directed to release the entire amount of deposit made by Late.Kuruvalli Vannurappa in receipt No.663584 along with accrued interest thereon and the amount available in the SB account No.1015174 in favour of complainants Nos.1 to 5.
The parties are directed to bare their own costs.
The Amount in deposit is directed to be refund to appellant with proper identification by his advocate.
Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member *GGH* [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] PRESIDENT [HON'BLE MR. Krishnamurthy B.Sangannavar] JUDICIAL MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER