This case has been brought by Chandeshwar Singh, S/o- Late Palak Singh, R/o- mohalla- Narsiganj, P.S-Danpaur, Dist-Patna against General Manager, Central Bank of India, Patna, P.S Rukanpura Dist- Patna, (O.P no.1), Branch Manager Central Bank of India, Rukanpura, Patna, P.S-Rukanpura, Dist-Patna (O.P no.2) for the following reliefs:
- The O.P be directed to pay Rs.10,000/- along with its interest as deposited in the name of Ajanti Devi, w/o Complainant vide saving account no. SB313 along with its interest.
The main case moving around in the complaint that in the complaint that in the name of Ajanti Devi w/o the Complainant Rs.10,000/- was deposited in account no. SB313. She died on 21.03.2003. Copy of bank account is annexure 1. Death certificate of Ajanti Devi is annexure 2. It is also stated that photocopy of identification card is marked as annexure 3. It is stated that Ajanti Devi died living behind the Complainant who is husband and son Pinku Kumar and w/o deceased son namely Shobha Devi as well as d/o namely Rubi Kumari. The legal heirs have got no objection against the Complainant.
In this case O.P was appeared and filed W.S. The main statement as averred shows that there is no denial regarding the deposit but it is obvious that Ajanti Devi has died as indicated above. But it is relevant to mention the calculation chart has been filed on behalf of O.P itself alongwith the application and shown that altogether O.P is ready to pay Rs.23,089/- wherein the interest has been included from 20.09.2006 to 31.01.2023.
The main point for consideration in this case is that whether the Complainant is entitled to a claim as prayed for?
Heard both sides. The facts as indicated above that now the bank has itself submitted the statement of accounts and show inclination about the payment of amount altogether Rs.23,089/- to the Complainant. During argument nothing has been made specific considering that bank is ready to pay the amount.
Under the facts and circumstances as above this complaint petition stands allowed to the extent that the O.P is directed to pay the amount Rs.23,089/- (Twenty three thousand eighty nine rupees only) plus Rs.3000/- (Three thousand rupees only) as a cost to the Complainant within a month after receipt of this order. In case of non-payment, Complainant shall be entitled to recover the amount in due course of law. However, it is observed that the Complainant having the nominee is entitled to receive the amount. Though the legal heirs of the deceased Ajanti Devi has also been shown but this Commission cannot define the share amongst them.
