IMPORTANT POINT
Evidence - Where two interpretation of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisdiction.

ORDER

The present revision petition has been filed under Section 58(1)(b) of the Consumer Protection Act, 2019 (in short, ‘the Act’) challenging the impugned order dated 08.07.2021 passed by the Karnataka State Consumer Disputes Redressal Commission, Bengaluru (in short, ‘the State Commission’) in First Appeal No. 348 of 2019.

2. The brief facts of the case as narrated by the petitioner are that the respondent’s late husband R Venkataramana working with M/s Reliance Home Finance Pvt. Ltd., had availed a personal loan of Rs.4,79,000/- from the petitioner, HDFC Bank, on 28.06.2013. The respondent’s late husband had agreed to pay the loan in 48 monthly instalments and had executed a loan agreement on 28.06.2013. The respondent was holding a savings bank (SB) account with the petitioner Bank and the loan amount was credited in full to his SB account. The respondent was also maintaining a salary account with the petitioner bank and EMI of the loan was debited from this salary account. The petitioner Bank marked ‘Hold Funds’ on 03.09.2016 on the SB account and credited the available amount in the SB account to the loan account, exercising its rights to lien. The husband of the respondent expired due to ill health on 09.07.2016. On 10.08.2016 the respondent received a mail from the employer of her late husband that a full and final settlement amount of Rs.1,46,481.22/- has been credited to the petitioner’s bank. She informed the petitioner Bank about the untimely death of her husband and requested the Bank to release the balance amount held in the husband’s account as the respondent was the nominee to that account. The petitioner bank informed the respondent that the account had been put on ‘Hold Fund’. The respondent has also stated that the respondent was not aware of any loan availed by her late husband. Petitioner avers that the amount credited in the account of the deceased customer cannot be termed as retirement benefits. Petitioner contends that the fora below have wrongly held the petitioner guilty of deficiency in service.

3. As there was no positive response from the petitioner Bank, the respondent approached the District Consumer Disputes Redressal Forum, Bangalore (Urban) (in short, ‘the District Forum’) by way of a consumer complaint, bearing no. 1365 of 2016. Vide order dated 02.01.2017, the District Forum after hearing the parties allowed the complaint and directed as under:—

8. From the available materials on record it is crystal clear that complainant being a legal heir widow and mother of two children also a nominee has a prerogative right over the retirements benefits of her husband. Hence, she is entitled to claim the amount standing in the account of her deceased husband. Complainant is not aware and has not signed any loan documents or stand as surety to the alleged loan. Hence, denial of the legitimate claim of the complainant, claiming the retirement benefits of her deceased husband by OP amounts to deficiency in service on the part of the opposite party. We are satisfied that complainant proved deficiency in service against OP. Under the circumstances, we are of the considered view that OP is liable to pay/ transfer Rs.1,14,374/- standing in SB account of deceased Venkataramana Reddy to the account of the complainant within 30 days from the date of receipt of this order along with litigation cost of Rs.3000/- failing which to pay interest at the rate of 9% per annum from the date of this order till realisation. Accordingly, we proceed to pass the following;

(i) The complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 is allowed in part;

(ii) Opposite party shall pay Rs.1,14,374/- standing in the account of the deceased Venkataramana Reddy to the complainant with litigation cost of Rs.3000/- within 30 days from the date of receipt of this order, failing which to pay the said amount along with interest at the rate of 9% per annum from the date of this order till realisat