scl29lccl10s/2016 :

Date of Disposal : 14.71.2025

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES R DRESSAL COMMISSION, ^BENGALURU (PRTNCTPAL BENCH)

DATED THIS THE 14th DAY OF NOVEMBER. 2025 PRESENT HON,BLE MT JUSTICE T G SHIVASHANKARE GOWDA, Date of Filing 26.04.2016 PRESIDENT MTs DIVYASHREE M: LADY MEMBER sc/29lcclLos/2ot6

1. Mrs. Dilla Marie Colaco D/o Late Celine Sequeira W/o Mr Sunil Colaco Residing at P O Box No,18 Kalasapur Estate Koppa, Chikkamgaluru District

2. Mrs Veela Mascarenhas D/o Late Celine Sequeira W/o Mr Alan Mascarenhas Residing at Muscat Pharmacy and Stores (Salalah) LLC P O Box No.867 Postal Code 211 Salaiah Sultanate Oman Represented by her GPA Holder Mrs Dllla Marie Colaco (By Mr Suneel S Narayan, Advocate) Complainants -Versus-

1. The Regional Manager Vijaya Bank Regional Office( Bengaluru North)

No.19, Prim Rose-Road Shrutha Complex Bengaluru-25

2. The Branch Manager Vijaya Bank No.805, 2nd Cross, 1't Block HBR Layout, Kalyan Nagar Branch Bengaluru-560 043 Opposite Parties (By Mr U S Yogesh Kumar, Advocate for OP1 and 2)

:ORAL ORDER:

PER: Mr JUSTICE T G SHMSHANKARE GOWDA:

PRESIDENT Thls Complaint is filed u/s 12 read wlth section 17 of CP Act 1986 seeking direction to the Opposite ^{Parties (in} short OPs) to pay Rs.5 Lakhs to Complainant ^{No.l and} Rs.8.4 Lakhs to Complainant No.2 respectively, as ^per their entitlement being nominee in the Fixed Deposit ⁽ⁱⁿ short FD) with interest at 60lo ^p.a and to pay compensation of Rs.5 Lakhs.

2.

The brief facts pleaded in the Complaint are that Complainants No.1 & 2 are the daughters of Mrs Celine Sequeira who was the resident of Mangaluru; apart from said two daughters, she also had an eldest daughter Mrs Shiela D'souza and one son Mr Derick Dias; she held movable & immovable properties at Mangaluru and had sold one of the immovable property on t4.07.2005 and had realised a total sale consideration of Rs.23,40,000/-. The said consideration was paid through 3 demand drafts dated t4.07.2005 drawn on Pachanady Branch of Karnataka Bank. The son-in-law of Mrs Celine Sequeira by name Mr M Antony D'souza who was working in OP Bank, HBR layout, Kalyan Nagar Branch and he persuaded his mother in-law to keep entire sale consideration in FD in his branch at Bengaluru. She agreed to the proposal of her son in-law and handed over three DD's to him with an instruction to keep the same in FD in her favour i.e., 3 FD of Rs.5 Lakhs each; one deposit for a su m of Rs.8,40,000/- and her children should be made as nominees. Mrs Celine Sequeira was made to believe that the amount was kept in FD and by making her children as her nominees.

3.

On 18.01,2025, Mrs Celine Sequeria died at the age of 82 years, leaving behind her three daughters and a son as her legal heirs. During her life time she had executed a registered WILL dated 03.t2.2014, bequeathing all her movables & immovable properties including Deposits made in the Bank, wherein, her children were made as nominees, as per nomination and her son-in-law Mr.

Anotony D'Souza had been appointed as the Executor.

4.

The Complainants after the death of their mother, on

3t.07.2015 have written a letter to the Chief Manager of OP Bank, requesting him to furnish the details of FDs held by their mother in the Bank. They received a reply on 16.09.2015, conveying that the proceeds of the FD with interest, have been credited to the SB Account standing in the name of Mr.Anotony D'Souza and his wife Mrs Shiela D'souza. On perusal of the said reply, Complalnants came to know that Mr.Anotony D'Souza and his wife Mrs Shiela D'souza, have encashed the proceeds of FDs prematurely, with an aim to defeat the rights of the nominees. Further, they were surprised to note from the statement of account, that the FD was split into five FD's viz., Rs.5 lakhs each and one for Rs.3,40,000/- and have been made in the joint names of Mrs Celine Sequeira and Mrs Sheila M -

Dias, with mode of operation as Either or Survivor and date of maturity being 15.07.2006. OP without informing to the