Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sub: non settlement of inherited (e or s) rip certificates

Page no : 2

G.L.N. Prasad (Retired employee.)     03 July 2020

Sir,

I have asked you to file RTI to know their rules and regulations and to know the causes for undue delay.   However, for four months you have tried in your way.  According to my knowledge this is a simple matter and a simple application by both living depositors with death certificate of the deceased depositor is enough for settlement in joint EOS accounts.  

Everything is precious in lifelike efforts, money, time.  Immediately contact a local branch of any bank and seek information on time frame fixed for settlement of claim orally.  It was a maximum of one month and it is within the powers of Branch Manager.  Most of the mangers are not aware and do not like to take risk in death settlements and there are cases pending for more than 10 years also.  You can explore all avenues and nothing is barred. (Bank certificate itself is itself KYC.  Submitting another certificate for the deceased may not be a problem at all.  Immediately submit whatever information is available with you as arguing with idiots can not pay.  The KYC necessity is while opening the account, during operation and not after death.  The delay in complaint at BO may be due to COVID19 and do not expect too much from BO.  Even now it is not too late.  Immediately file online RTI and it takes less than 5 minutes and costs Rs.10/-.  This time seeks simple information.  1.The time frame for settlement of claim    2.Reasons for the delay in settlement of claim submitted on...............against deceased ......................(account name) ............................(details of deposit )

My simple advice is to file a simple complaint before the District Consumer Forum and demand a market rate of interest and compensation also for the abnormal delay.  This effort may not cost more than Rs.500/- in all and this is alternative and additional remedy and complaint to banking ombudsman is not a hindrance.  Make the complaint as simple and you can use the simple format as follows;

Before

District Consumer Forum, ...............

Complaint No...................

Complaint under CP Act

1) a)Descripttion of Complainant

b)Descripttion of opposite party.

 

2.Brief facts:  The complainant has filed claim forms with the opposite party on..................  The claim is for settlement of Deposit No.......................for Rs...............standing in the name of  deceased father Name of relative) ................... at their................... Branch in Kolkata  and provided all documents necessary and those documents not necessary but demanded.  The copy of acknowledgment from Bank is Encl A

The claim has to be settled within 30 days as per Citizen Charter.

 A notice was issued stating deficiency of service in not settling the claim within time frame to the OP on...............copy enclosed.

In spite of repeated reminders, bank has neglected in settling the claim and harassing this complainant and hence this complaint.

The complaint was filed within 2 years from the date of submitting the claim forms and notice under CP Act.   That Bank at Kolkata is having a branch at this place and within the territorial jurisdiction.

PRAYER: Complainant prays the Honorable forum directions to the opposite party

i) For the settlement of the claim as expeditiously as possible.

ii)For payment of interest at 18% from the date of time frame fixed for settlement of claims under citizen charter.

iii)Compensation for harassment for visiting bank at Kolkata so many times wasting time and money.  Rs.25,000/-

4.Costs for filing the complaint Rs.5,000/-

 

Complainant.

Verification.

I....................................s/o.....................aged.........years resident of......................................do hereby solemnly affirm and state that the above facts are true and correct to my knowledge and information.

Complainant.

Signed before me at...........on..........day in the month of July, 2020

 

(Advocate)

 

 

 

 

Isaac Gabriel (Advocate)     31 August 2020

You have suffered a lot.and the authorities had been hostile to solve the issue.At this juncture only penal proviso can expedite the matter.Consult lawyer,work out the compensation for mental agony and loss,and file case at District Consumer Commission.

Talha Rafiq   23 November 2020

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