Harjit Kaur Vs. State Bank of India - Court Judgment

Excerpt:
consumer protection act, 1986 - section 15 - comparative citation: 2009 (1) cpj 193k.c. gupta, president: 1. this appeal has been directed by the complainant against order dated 18.1.2002 passed by consumer disputes redressal forum, amritsar (for short hereinafter to be referred as district consumer forum) vide which her complaint was partly allowed with costs of rs. 500 and it was held that the appellant is entitled to collect the amount of fdr no. a36/134268 with interest as permissible under rules from the respondent, which has matured but with respect to other fdr no. a36/134456, her case was dismissed. 2. still dissatisfied by the said order, the complainant has filed the present appeal. 3. none had appeared on behalf of the appellant as well as the respondent despite service. 4. we have gone through the file carefully. 5. sh. balkar singh was the husband of smt. harjit kaur. he was murdered in his village joeke, distt. amritsar on 7.9.1997. a murder case was registered against the appellant for the murder of her husband along with other. she was arrested and was tried for the murder of her husband along with one jagir singh. both were acquitted convicted by sessions judge, amritsar vide judgment dated 11.3.1999 passed in sessions case no. 281 of 1997/sessions trial no. 12 of 1998. 6. sh. balkar singh was employed in the army and he had two fdrs no. a36/134268 for rs. 1 lac with maturity value of rs. 1,49,187 on 22.7.2000 and fdr no. a36/134456 for rs. 1 lac with maturity value of rs. 1,46,850 on 18.1.2000. the photocopies of both the fdrs have been placed on file. a perusal of them shows that they are payable to either or surviver. since, sh. balkar singh has died, so, smt. harjit kaur is entitled to the sum of rs. 1,49,187, which had matured on 22.7.2000 w.r.t. fdr no. a36/134268 being a co-depositor. she had certainly right to collect the amount. there is no necessity of getting succession certificate. however, there is a problem w.r.t. fdr no. a36/134456 for rs. 1 lac having maturity value of rs. 1,46,850, which had matured on 18.1.2000 because it is in the name of sh. balkar singh; appellant smt. harjit kaur and their son jarman singh who is minor. one kabul singh, alleged guardian of minor jarman singh, had filed a petition under section 8 of the guardian and wards act at civil court, ajnala where smt. harjit kaur is also arrayed as respondent no. 2. in that petition, kabul singh had made a prayer for permission to look after the person and properties of minor jarman singh and sarwan singh. he had also prayed for permission to withdraw the funds of balkar singh. since, the second fdr bearing no. a36/134456 having maturity value of rs. 1,46,850 on 18.1.2000 is in the name of the appellant; balkar singh (deceased) and jarman singh and further smt. harjit kaur and his son jarman singh (minor) are alive, so, both are entitled to the proceeds of fdr in equal shares. again, no question of succession certificate arises in this case. however, the share payable to minor jarman singh is subject to the decision of guardian court because a petition has been filed under section 8 of the guardians act by one kabul singh. if jarman singh has become major and the amount has not been paid, then, he is entitled to refund of 50% of the amount straightaway without permission of guardian court. as far as savings bank accounts of balkar singh are concerned, the amount of those savings bank accounts is to be released to the legal representatives of deceased balkar singh either on getting succession certificate or on getting indemnity bond because according to the revised instructions of the reserve bank of india, as per circular dated 7.1.2001, the obtaining of succession certificate is not necessary from the legal representatives irrespective of the amount involved. however, the bank can adopt safeguard for settling the claims by taking indemnity bond. 7. hence, the appeal is accepted and the respondent is directed to pay 50% of the amount of fdr no. a36/134456 of value of rs. 1,46,850 as payable on 18.1.2000 to the appellant with further simple interest as permissible after the date of payment. the amount of the savings bank account of balkar singh be released after verifying the lrs and further after taking indemnity bond. accordingly, the appeal is disposed of. 8. copies of this order be sent to the parties free of charge.