DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.
Complaint No. 407
Instituted on: 27.09.2018
Decided on: 24.05.2019
- Mangat Rai @ Mangat Rai Goyal Son of Kaur Sain R/o 5C/78, Near Bhalwan Wala Adda, Dhuri, now at 5B/264, Near Gole Park, Dhuri.
- Bhushan Kumar Son of Kaur Sain R/o 5C/78, Near Bhalwan Wala Adda, Dhuri, now at 5B/264, Near Gole Park, Dhuri.
- Shakuntla Devi D/o Kaur Sain, now W/o Harbans Lal R/o 125, Aggarwal Street, Near Ranbir Club, Sangrur.
- Promila @ Pramila D/o Kaur Sain R/o 5C/78, Near Bhalwan Wala Adda, Dhuri, now at 5B/64, Near Gole Park, Dhuri.
- Rani Bala D/o Kaur Sain now W/o Hem Raj R/o Master Mansa Ram Wali Gali, H.No.11, W.No13, Shri Gangsar Jaitu, Distt. Faridkot.
..Complainants
Versus
Punjab National Bank , Main Branch, Loha Bazaar, Dhuri, through its Branch Manager.
..Opposite party
For the complainant : Shri Nem Kumar, Advocate.
For Opposite party : Shri Parmod Saxsena, Adv.
Quorum: Vinod Kumar Gulati, Presiding Member
Manisha, Member
Order by : Vinod Kumar Gulati, Presiding Member.
1. Shri Mangat Rai, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that Shri. Kanwer Sain Goyal Allias Kaur Sain Goyal (Father of the complainants) had been maintaining bank A/c No. 0140000100106571 having balance of Rs.1,10,835.50/- as on 10-09-2018. The Said Shri Kanwer Sain Goyal Allias Kaur Sain Goyal died on 02-08-2005 at Dhuri leaving behind 6 number legal heirs and the father of the complainant was/is not having other legal heir and did no execute any will. The mother of the complainants also died on 02.09.2016 and did not execute any will till date and has 5 number legal heirs. Further the case the complainants is that the complainants being only the living legal heirs of the Kaur Sain Goyal are entitled for balance of the said bank account along with the accrued interest till date in equal share. There was/is not any dispute between any of the legal heirs of the said Kanwer Sain Goyal @ Kaur Sain Goyal qua entitlement of all legal heirs in equal share and the bank should do the necessary thing to release the amount of the said bank account along with the interest accrued and has averred that the in the best interest of complainants, amount payable to each complainant be credit to their accounts in their banks. Further they are ready to and willing to comply with reasonable necessary legal formalities regarding it. However the OP failed to settle the claim lodged by the complainants vide letter dated 28.09.2016 and has claimed that OP be held jointly and severely liable for the same and be directed for releasing the payment of said bank account amounting Rs.1,10,835.50/- as on 09.10.2018 along with the accrued interest and to pay compensation of Rs.10000/- on account of harassment, agony and Rs.11000/- as litigation cause.
2. In the reply filed by the OP, it is submitted that the said account no. 0140000100106571 is on the name of Mr. Kanwer Sain Goyal is with the OP, but it is clearly denied that Kanwer Sain Goyal is a father of the Complainants. That if the complainants are the only legal heirs of the Kanwer Sain Goyal, they should have applied in the Hon'ble Court to get the succession certificate in their favor and same should be produce in the bank and hence denied because bank has no knowledge about the legal heir as deceased Kanwer Sain Goyal made nominee to any of his legal heir and the complainants should produce the succession certificate in the bank if they are legal heirs of said Kanwer Sain Goyal. Further the OP is bound to follow the rules and regulations of the bank and there is no deficiency on the part of the OP and the complainants are not entitled to get any relief rather the OP is entitled to get the relief from the complainants.
3. The learned counsel for the complainant has produced Ex.C-1 to Ex.C-9 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP has produced Ex.OP.1 to Ex.OP.3 documents and affidavit and closed evidence.
4. We have very carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.
5. The complainant has placed on record Ex.C-2, the copy of the front page of the passbook which is in the name of Sh. Kanwer Sain Goyal without any nomination. In the absence of the nomination the complainant(s) couldn't place on record any document showing that only the complainant(s) are the legal heirs of the Sh. Kanwer Sain Goyal. Death certificate produced on record by the complainant(s) Ex.C-7 is in the name of Kaur Sain only. On the other hand the OP has placed on record Circular No.5/Law/2015 dated 13.10.2015 pertaining to the settlement of the claim etc. issued by Law division of the OP and as per serial no.6 of the circular, Successions certificate can be asked from the claimant's by the OP to settle the claims. As such we find no deficiency in service of the part of the OP. The complaint of the complainants has no merits and the complaint is hereby dismissed. A copy of this order be supplied to the parties free of cost. File be consigned to records.
Pronounced.
May 24, 2019.
(Vinod Kumar Gulati)
Presiding Member
(Manisha)
Member
