UTTAR PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, LUCKNOW
Anil Kumar Mishra, J
Praveen Mithal v. Central Bank of India
Complaint No. 1234 of 2019
| Table of Content |
|---|
| 1. allegations regarding nominee rights and deposits. (Para 2 , 3 , 4 , 5) |
| 2. opposite parties dispute on the maintainability of the case. (Para 6 , 7 , 8 , 9 , 10) |
| 3. jurisdiction issue regarding succession. (Para 12) |
| 4. court's dismissal and recommendation for proper jurisdiction. (Para 22 , 23) |
1. Heard Mr. Anil Kumar Mishra, learned Counsel for the complainant and Mr. Sharad Kumar Shukla, learned Counsel for the opposite parties.
Since the instant complaint is of the year 2019, I proceed to decide it on merit.
The instant complaint has been filed under S.17(a)(i) of the Consumer Protection Act, 1986 by the complainant Sri Praveen Mithal against the opposite parties with the following prayer:
(a) To direct the opposite party No. 4 to pay the maturity amount of the TDR Nos. 3494955570, 3494955490, 3494955547, 3628588736, 3558416231 having total principal face value of Rs.50,00,000 (Rupees Fifty lac only) and amount lying (approx. Rs.6.00 lakh) in saving bank account with the 18% p.a. interest thereon from the date of submission of claim till date of payment to the complainant.
(b) To direct the opposite parties to pay Rs.5 lacs compensation for causing deliberate delay.
(c) To direct the opposite parties to pay Rs.5 lacs for the mental shock, monetary loss andphysical discomfort sustained by the complainant.
(d) To direct the opposite parties to pay Rs.75,000 as costs of the case.
(e) Any other relief which the Hon'ble Commission deem fit and proper in favour of the complainant as in the nature and circumstances of the case."
2. Facts of the case stated in brief are that the complainant Sri Praveen Mithal alleged in his complaint that he is the nominee in the F.D.R's as such he is entitled to file this complaint case. The complainant's sister Smt. Neera Agarwal, W/o late Sri Ram Gopal Agarwal was the sole proprietor of M/s. Neera Trading Co. carrying on a business of trading of Palmolive oil chocolate power, chemical and essence which are used in making ICE Cream, bakery items and other products.
3. Sri Ram Gopal Agrawal husband of Smt. Neera Agarwal was a businessman carrying on a business of manufacturing of ice cream cones as sole proprietor under the name and style of M/s. Super Food Products. Sri Ram Gopal Agrawal died on 9.8.2015. Thereafter Smt. Neera Agarwal closed down the business A. of M/s. Neera Training Co. by selling the stock of goods etc. and the business of M/s. Super Food Products by selling the plant and machinery. She also got the insurance policy proceeds worth more than Rs.20.00 lakh after the death of her husband. Smt. Neera Agarwal and Shri Ram Gopal Agarwal were not having any ward / children.
4. It is alleged by the complainant in his complaint that Smt. Neera Agarwal collected a sum of approx. Rupees One Crore or more by sale proceeds of the stocks, machinery, insurance proceeds, etc. and deposited the same with the opposite party Central Bank of India, Meerut in the form of Fixed Deposit Receipts and in saving bank accounts. Smt. Neera Agarwal deposited Rs.80.00 lakhs with the opposite party Central Bank of India and Rs.5.00 lakh with HDFC Bank, Meerut. She was also having one saving account and one locker in the Central Bank of India, Merrut.
5. It has been alleged in the complaint that Smt. Neera Agarwal died on 25.4.2018 due to apparent cardiac attack in the midnight of 24.4.2019. She was died issueless without any children. Smt. Neera Agarwal had during her life time made nominee to the complainant (Praveen Mithal), Shri Piyush Agarwal (nephew) S/o Sri Dinesh Gupta (Brother of late Ram Gopal Agarwal) and Sri Gaurav Gupta (Nephew) S/o late Vinod Kumar in respect of aforesaid terms deposit receipts with the opposite party Central Bank of India of face value of Rs.50.00 lakh, 10 lakh and Rs.20.00 lakh respectively. She has also nominated to the complainant Praveen Mithal in her saving bank account No. 3480586549 with the opposite party Central Bank of India.
6. It has further been alleged in th
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