DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No.515 of 10-10-2012
Decided on 08-01-2013
1.Punam Rani widow aged about 28 years
Rani Mother aged about 50 years
Dimple minor daughter of late Bunty Kumar s/o Vijay Kumar s/o Harla r/o #28071, Subhash Nagar, Near Police Colony Bathinda.
........Complainants
Versus
Branch Manager/Branch Head, HDFC Bank, G.T Road/Guru Kashi Marg, Near Bus Stand Bathinda.
.......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainants: Sh.Jai Gopal Goyal, counsel for complainants.
For Opposite party: Sh.Vinod Garg, counsel for opposite party.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainants, legal heirs of Bunty Kumar (deceased) have filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the deceased Bunty Kumar husband of the complainant No.1 was having A/c bearing No.01871050053302 and Customer ID No.5260626 of dated 15.12.2003 with the opposite party. The amount of Rs.15,976.22 was lying deposited in the said account. As per the account statement. Bunty Kumar, husband of the complainant No.1 has died due to the sudden heart failure on 25.4.2012, he was employee of Punjab State Power Corporation Ltd. as Asst. Lineman with GNDTP, Bathinda. The complainants approached the opposite party many times to release the abovesaid amount to them being the legal heirs of the deceased, Bunty Kumar and submitted all the documents demanded by their officials but they did not accede to their requests. The complainants sent the legal notice dated 11.7.2012 through registered cover to the opposite party and they replied the same on 26.7.2012. The counsel for the opposite party also furnished the legal opinion for releasing the payment to the complainants but despite that the opposite party has failed to release the amount lying deposited in account of the deceased Bunty Kumar. Hence the complainant has filed the present complaint to seek the directions to the opposite party to release the said amount alongwith cost and compensation.
2. Notice was sent to the opposite party. The opposite party after appearing before this Forum has filed its written statement and pleaded that the complainants have concealed the fact that they were called upon to submit the succession certificate in their favour for releasing the amount but they did not submit the same. There was no nomination by the deceased Bunty Kumar in favour of any of the complainants regarding the account in question. The complainants have not met the officials of the opposite party number of times and their officials never refused to pay any heed to their requests rather they asked them to submit the succession certificate which is required for releasing the amount. The succession certificate was never submitted by the complainants in the absence of which the said amount could not be released.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. Admitted facts of the parties are that the deceased Bunty Kumar husband of the complainant No.1 was holding A/c No.01871050053302 and Customer ID No.5260626 since 15.12.2003 and the amount of Rs.15,976.22 was lying deposited in his account. Bunty Kumar (deceased) husband of the complainant No.1 died due to heart failure on 24.4.2012.
6. The disputed facts are that the complainants submitted that they have requested a number of times to the opposite party to release the amount of Rs.15,976.22 shown in the account statement of deceased Bunty Kumar but they have refused to pay any heed to their requests. The complainants have also sent the legal notice dated 11.7.2012 through registered cover to the opposite party which has been duly replied by them on 26.7.2012. The counsel for the opposite party has also given the legal opinion for releasing the payment to the complainants but despite that they have failed to release the amount lying deposited in the account of the deceased, Bunty Kumar.
7. On the other hand the submissions of the opposite party are that it has never denied the complainants to release the amount rather the complainants were asked to submit the succession certificate in their favour for releasing the amount but they have failed to submit the same.
8. Vide Ex.C2 the complainants have applied for the legal heir certificate. The Tehsildar has issued the legal heir certificate to the complainants and has specifically mentioned in the same that Punam Rani, Rani and Dimple (minor) are the legal heirs of the deceased Bunty Kumar. Punam Rani widow of deceased Bunty Kumar has also given the affidavit to the effect that she, Rani mother of Bunty Kumar and Dimple the minor daughter of Bunty Kumar are only the legal heirs. As per the updated account statement Ex.C7 the amount of Rs.15,976.22 is lying in the account of the deceased Bunty Kumar. The death certificate, ration card copy are already placed on file by the complainants. Moreover the opposite party has failed to produce any rules and regulations of the Bank regarding the necessity of Succession Certificate in case the account holder dies without any nomination.
9. From the facts, circumstances and evidence placed on file it is proved that the complainants have furnished the legal heir certificate issued by the Tehsildar meaning thereby they are the only legal heirs of the deceased Bunty Kumar. Thus the complainants are entitled to get the amount deposited in the account bearing No.01871050053302 of the deceased Bunty Kumar.
10. Therefore in view of what has been discussed above there is deficiency on the part of the opposite party. Hence this complaint is accepted with Rs.2000/- as cost and the opposite party is directed to release the amount of Rs.15,976.22 to the complainants in 3 equal shares, the share of minor daughter of the deceased, Bunty Kumar be deposited in any Nationalized Bank in the shape of FDR through her mother ie. complainant No.1. The compliance of this order be done within 30 days from the date of receipt of the copy of this order.
In case of non-compliance the interest @ 9% per annum will yield on the amount of Rs.15,976.22 till realization.
11. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
08-01-2013
Vikramjit Kaur Soni
President
Amarjeet Paul
Member
Sukhwinder Kaur
Member
