For the Complainant:Self
For the Opposite Party : Exparte
JUDGEMENT
The facts of the complaint in brief is that the complainant is a son of late Pyarilal Agrawal who was died on 19.10.2012 and his late father had a Saving Bank Pas Book in his name with a sum of Rs.51,709/- vide Pass BookNo.30729290063 and the complainant is the legal heir of his later father. After death of his father the complainant approached the OP bank for payment of balance amount along with up to date interest and submitted all the appears before the OP bank but the OP bank has not paid the amount to the legal heirs for some plea or other. The complainant approached the OP Bank from time to time in person and also made representation on 11.03.2016 by signing all the legal heirs but till date the OP Bank has paid a deaf ear and not made payment to the complainant. Hence, prayed to direct the OP to pay the deposited amount along with interest along with compensation and cost of litigation for mental agony and such other relief as the forum deems fit and proper. Hence, this complaint.
On being noticed, the Opposite Party neither appeared nor filed written version as such the Opposite Party was set exparte. In absence of any written version, we proceeded the matter and heard the the complainant. The complainant has filed the copy of bank pass book statement with account statement from which it is very clear that the late Pyarilal Agrawal who is the father of the complainant has balance deposited amount of Rs.51,709/- in total and the complainant with the signature all the legal heirs has applied before the OP Bank to pay the balance amount but the OP Bank paid a deaf ear to the application of the complainant. Since the Opposite Party remained absent and did not file written version, the forum remain in dark regarding the valid reason of non disbursement of deposited amount to the complainant though he has applied with signatures of all the legal heirs. However, for the ends of justice, since the OP Bank has not contested the case, we believed the contentions of the complainant alleged against the OP Bank disposed of the complaint with the following directions. Hence, it is ordered.
ORDER
In view of the aforesaid findings, we direct the OP Bank to disburse the balance amount of Rs.51,709/-with interest to the complainant being the legal heir of late Pyarilal Agarawal in the joint name of all the legal heir after obtaining in indemnity bond signed by all the payee. No cost.
Pronounced in Open Forum today on this 23rd day of February, 2018.
Member Member President
Documents relied upon
By the Complainant:
- Copy of application to the OP Bank dt.11.03.2016
- Copy of Bank Pass book with statement of account
- Copy of Death Certificate
- Copy of Legal Heir Certificate
By the Opposite Party: Nil
President