This is complaint under Section 12 of the C.P. Act 1986. The complainant's case in brief is that

her husband Prem Goala died on 21.03.2013 leaving behind the complainant and the O.P. 2 to 8 as

his only legal heirs.

 The deceased Prem Goala had one SB a/c no. 430010100000910 at the O.P.

No. 1 Bank of India wherein more than Rs. 4.5 lacs still lying in spite of repeated request the O.P. No. 1 Bank did not disbursed the said amount to the legal heirs of Prem Goala. The complainant after getting the account details went to the O.P. Bank and then the O.P. Bank Manager handed over the complainant certain  prescribed claim forms and ask her to submit the filled up forms.

Thereafter, on 25.09.2018 as per requirement of Bank the complainant and other heirs of deceased Prem Goala submitted the duly filled up claim forms along with Affidavit cum indemnity letter, letter of authorization, authority letter for pipeline credits and other documents to the O.P. Bank for getting their respective share of the amount. But the O.P. No. 1 Bank thereafter failed to take any steps for disbursing the amount lying in the aforesaid SB Account.

Hence, the complainant filed this case claiming her amount that is lying in the Bank and also for cost and compensation. The O.P. No. 1 Bank Manager contested the case by filing Written Version denying the allegation of the complainant. The O.P. No. 1 Bank stated that the accounts are exclusively in the name of Prem Goala since deceased and as per the plaint the O.P. came to know that 8( eight) legal heirs of the deceased are existing. But no legal heirs certificate from the  Panchayet or Municipality was submitted to the O.P. Bank. The O.P. also stated that in absence of proper documents it could not process the claim of the legal heirs of deceased. Hence the O.P. No.1 prayed for dismissal of the case with cost.

The O.P. No. 2 to 8 did not contest the case by filing any Written Version or claiming any amount by joining as complainants.

We have considered the petition of complaint, the Written Version of the O.P. No. 1, and the document file by the parties and also the Affidavit of the complainant. The O.P. No. 1 did not dispute that the account of deceased Prem Goala and the amount therein lying in the account but only contended that in absence of proper documents it could not process the claim. But we find that the complainant clearly stated that she submitted claim form, affidavit indemnity born and other documents to the O.P. Bank. But the O.P. Bank did not take any steps to disburse the amount to her. This allegation was also not disputed by the O.P. Bank. Therefore, we find that the O.P. Bank had withheld the complainant's claim amount without any reason for wrongful gain. It is also not in the record that the O.P. Bank had ever asked the complainant to furnish the legal heirs certificate from the Panchayet or Municipality specifying any amount. Hence we find the O.P. No. 1 Bank had tried not to disburse the complainant's claim amount without any reason. The complainant being 1/8th shareholder of the amount lying in the Bank in the name of the deceased should get the amount without any delay.

Therefore, we find the O.P. No. 1should  immediately disbursed. The Complainant 1/8th share of the amount lying in the accounts of the deceased along with  interest from the date  of the death of the deceased.

Since the O.P. No. 2 to 8 did not claim anything in this case, no order can be passed in their

favor.

In the result the case succeeds.

Hence, it is

O R D E R E D :-

That the case is allowed on contest against the O.P. No. 1 and ex-parte against the

rest.

The O.P. No. 1 Bank Manager is directed to pay the complainant her 1/8th share of

the amount lying in the Bank in respect of the  accounts maintained by the deceased Prem

Goala lying 6% interest therein from the date of the death of the deceased Prem Goala till the date of payments of the same.

The O.P. No. 1 Bank Manager is also to pay Rs. 5000/- (Rupees Five Thousand

Only) as litigation cost and Rs. 10,000/- (Rupees Ten Thousand Only) as compensation

to the complainant.

All the aforesaid decreetal dues are to be paid by the O.P. No. 1 to the complainant

within 2 (two) months of this date of Judgement failing which necessary steps will be

taken  by the Complainant according to law.

Let a copy of this final order/judgement be given to the parties free of cost.