Heard learned counsel for the appellant. None appears for the respondents.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in  brief is that one late Bilasa @ Amruta Pradhan  wife of late Prasanna Pradhan  has one Bank account bearing No.12060029792 with the OP – Bank with a balance amount of Rs.75,869.53 as on 31.12.2017. It is alleged inter alia that on 31.7.2016 the account holder died. In the Bank record one Madnu Pradhan @ Pradeep Kumar Pradhan was the nominee. After death of account holder the complainants who alleged to be the legal heirs approached the OP – Bank for payment of the outstanding amount. OP – Bank sought clarification about the name of the legal heirs of the account holder and as such did not release the amount. Finding no other way, complaint was filed.

4.      OP filed written version stating that after death of the deceased  Bilasa @ Amruta Pradhan they have not received any application to release the deposited amount or any document. Since Madnu Pradhan is the nominee but the complainants alleged to be the legal heirs, they have not released the amount requiring fulfillment of formalities by the legal heirs of the complainant.

5.      Learned District Forum after hearing both parties passed the following impugned order:-

                             “xxx   xxx   xxx

We, therefore, direct the OP/Bank to release the said amount of Rs.75,869.53 P. (Rupees seventy five thousand eight hundred sixty nine and fifty three paise) only in favour of the complainants along with up-to-date interest as on date of payment, and to pay Rs.10,000/- (Rupees ten thousand) only towards compensation due to mental agony, harassment including litigation costs of the case within 30 (thirty) days from the date of receipt of copy of this order, failing which the OP/Bank shall be liable for interest @ 10% per annum on aforesaid awarded amount till realization.

Accordingly, the  case is disposed of.”

6.      Learned counsel for the appellant submitted that the learned District Forum without scrutinizing the documents committed error in law by passing the impugned order. According to him without any succession certificate received from the competent court, the complainants have claimed the amount and the learned District Forum directed to release the amount in their favour which is illegal and improper.  Learned District Forum ought to have applied judicial mind to this aspect. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for  the appellant and perused the DFR including the impugned order.

8.      It is admitted fact that Bilasa @ Amruta Pradhan has account with the OP. It is not in dispute that Madnu Pradhan was the nominee of the account holder. It is not in dispute that the complainants claiming as the legal heirs of account holder claimed the amount left by Bilasa @ Amruta Pradhan. When there is nominee and other legal heirs claiming the  amount the OP Bank  should call for the death certificate and legal heir certificate etc. issued by the competent authority from the complainant. If those documents are not disputed, the OP Bank can release the amount to them whether jointly or individually.

9.      In view of aforesaid discussion while affirming the impugned order the operative portion of the impugned order is modified to the extent that the OP – Bank is to release the amount of Rs.75,869.53 only in favour of the complainants along with up to date interest on the date of payment subject to production of the legal heir certificate issued by the competent authority and death certificate before the Bank. If they are disputed OP can ask for succession certificate issued by the competent court. Rest portion of the impugned order is set aside.

          The appeal is allowed in part. No cost.

          DFR be sent back forthwith.

          The copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.