SURJIT KAUR Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) Jasmail Kaur Widow of Shri Isher Singh resident of Village Chahal, Teshil and Districtfaridkot had Saving Bank Account No.6992 with State Bank of Patiala, Faridkot Branch. As per allegation of Surjit Kaur, complainant, she was named as nominee in the Account Opening Form by Jasmail Kaur. After her death, Surjit Kaur approached the Bank for payment of the amount lying in credit of Jasmail Kaur in the aforesaid account. The Bank-opposite party refused to make the payment which led Surjit Kaur to file the present complaint.

(2.) On notice of the complaint. Bank denied that Surjit Kaur was the named nominee. Both the parties were given opportunities to produce evidence. Surjit Kaur produced her affidavit and affidavit of Sarpanch of the village. On behalf of the Bank as the proceedings indicate, Paramjit Singh, Clerk of the Bank Book up the stand that the Opening form was with the Manager of the Bank. Subsequently, Manager took up the stand that after opening of the account, the Opening form was handed over to Paramjit Singh, the dealing Assistant. Ultimately, it was asserted that the opening form had been lost or was not traceable. The District Consumer Forum declined to adjudicate the dispute on the ground that complicated questions of fact and law were involved and that Surjit Kaur-complainant had not shown how she was in any manner connected with Jasmail Kaur in relation. The complaint was rejected and the complainant, if so advised, was ordered to approach the Civil Court for determination of her right. Surjit Kaur complainant is in appeal.

(3.) At the time of arguments, nobody on behalf of the appellant has put-in appearance. We have heard Shri P. S. Arora, Advocate for the respondent-Bank.