Bank's liability
Mandeep
(Querist) 08 April 2017
This query is : Resolved
Dear Sir,
Dealing with a family pension case, details are as follows -
1. An Army employee expired and upon his death, family pension was divided among his son (Sh. X) and widow (Smt. Y- second wife of Army employee).
2. While Sh. X was minor, he was drawing his share of family pension under guardianship of his grand mother as her mother and father both had expired.
3. After attaining majority, Sh. X started living with his relatives and separated from her step-mother.
4. Now, Sh. X also expired and Smt. Y is claiming full pension, to which she is entitled to.
5. Smt. Y sent a letter to bank for stopping pension of Mr. X but due to non-availability of death certificate and account no. of Mr. X, bank didn't stop pension.
6. 6 Month's pension was withdrawn fraudulently from Mr. X's account through ATM by someone and the bank is demanding recovery of the same from Smt. Y.
In the matter, we seek your advise/guidance regarding bank's action.
a. Whether Bank's inaction in stopping pension was right due to non-availability of Death Certificate and Account no. of Mr. X.
b. Can bank demand recovery of amount withdrawn fraudulently from Smt. Y as she is claiming full pension upon death of Mr. X.
Eagerly waiting for your reply in the captioned matter.
Thanking you in anticipation.
Regards
Sudhir Kumar, Advocate
(Expert) 09 April 2017
As along as death certificate of pensioner could not be produced The bank just had no justification to stop his pension.
Thereby it was justified to credit pension in his account.
On production of death certificate the bank was under right and obligation to recorder the said account account of the deceased.
THIS IS ONE ISSUE.
Sudhir Kumar, Advocate
(Expert) 09 April 2017
Now it is seen that for six month the amount has been withdrawn by ATM. The bank is under right an obligation to launch criminal action and recover money from said person.
In this action mt Y is apparently not involved in any manner and the bank is not at all justified in getting refund from her. She was not even guardian of the minor pensioner.
banks does not appear justified.
Guest
(Expert) 09 April 2017
Seems to be an academic query.
However, if there is any truth in your story, please clarify, how you are concerned with the problem?
Dr J C Vashista
(Expert) 09 April 2017
Pure hypothetical academic exercise. No reply.
Kumar Doab
(Expert) 09 April 2017
Mr. Sudhir Kumar has given you inputs.
Bank ATM's are under CCTV surveillance and Bank do look into it.
A complaint could have been lodged.
As you are concerned request the bank/police to look into CCTV record and see who withdrew from ATM.
