STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/170/2019 Smt. Pampa Saha PRESENT ADDRESS - W/o Sri Barun Saha, Joynagar, P.S. - Tarakeshwar, P.O. Shyampur, Dist.

Hooghly, Pin -712 410.,WEST BENGAL.

.......Complainant(s)

Versus The Manager, State Bank of India & Others PRESENT ADDRESS - Tarakeshwar Br., Choulpatty, P.O. -Tarakeshwar, Dist. Hooghly, Pin -712

410.,WEST BENGAL.

The Regional Manager, State Bank of India PRESENT ADDRESS - Samriddhi Bhavan, Block-B, 8th Floor, 1, Strand Road, Kolkata -700

001.,WEST BENGAL.

The Chairperson PRESENT ADDRESS - 18 19, Devdas Kamlleg Block, Synergy Building, Bandra Kurla Complex East, Mumbai - 400 051.,WEST BENGAL.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE COMPLAINANT:

Smt. Pampa Saha, Ms. Dipanwita Ganguly (Advocate)

FOR THE OPPOSITE PARTY:

The Manager, State Bank of India & Others, Ms. Karabi Mukherjee (Advocate)

DATED: 10/03/2026

ORDER

Samiksha Bhattacharya, Member The instant case has been filed by the complainant u/s 17 (1) (a) (i) of C.P. Act, 1986 against the OPs alleging deficiency in service.

Facts of the case is, in brief, are that the Complainant has a joint savings bank account with her uncle-in-law namely Shyam Sundar Saha, since deceased, being no. 31930378701 in SBI, Tarakeshar Branch, Chaulpatti as either or survivor having bank balance of Rs. 21,64,269/-. The above mentioned joint account was in the mode of ‘either or survivor’. On 29.10.2016 said Shyam Sundar Saha received a fake phone call enquiring the details of above referred joint account. After such call said Shyam Sundar Saha intimated the fact to the OP No. 1 and instructed the OP No. 1 to make the said joint account inoperative till his further approval. Thereafter, Shyam Sundar Saha got sick and was diagnosed with cancer in the beginning of the year 2017 and ultimately expired on 02.06.2017. On 04.12.2017 the Complainant intimated the fact to the OP No. 1 in writing and requested the OP No. 1 to make the above mentioned joint account operative. The application was received by the OP No. 1 by putting their seal and signature. But the OP No. 1 has not taken any initiative. The Complainant has further stated that her uncle-in- law Shyam Sundar Saha was a cancer patient and huge amount of money was spent for his treatment. Due to inoperative status of the above mentioned savings bank account the Complainant cannot make any transaction from that account. Finding no other alternative Complainant sent a demand notice dated 19.06.2018 through her advocate to the OP No.1 along with copy sent to OP No. 2. The notice was received by OP No. 1 on 20.06.2018 and received by OP No. 2 on 22.06.2018. On 28.06.2018 the OP No. 1 sent the reply to the Complainant stating that one of the joint account holders asked the Bank to make the account inoperative or to be kept on hold then the mandate becomes joint instead of ‘E or S’. Hence, on the death of the one of the joint account holders the said account can only be operated or proceeds be disposed of by the survivor along with the legal heirs of the deceased joint account holder. On 29.11.2018 the Complainant preferred a RTI enquiring about the issues raised by the OP No. 1. The CPIO and the Deputy General Manager, SBI replied the same on 11.12.2018. On 14.01.2019 the Complainant visited the OP No. 1 and requested them to make operative the savings bank account being no. 31930378701. The Complainant is facing financial problems since the account is inoperative and as such the acts and omission on behalf of the OP No.1 causes mental agony and sufferings due to no fault on her part. Hence, the application praying for direction upon the OPs to make the account being no. 31930378701 operative along with compensation of Rs.12,00,000/- and litigation cost of Rs.50,000/-.

The OPs appeared before this Commission and filed their written version. In their written version OPs have s