Orissa

Kalahandi

CC/27/2016

Rajendra Kumar Agrawal - Complainant(s)

Versus

The Branch Manager, State Bank Of India - Opp.Party(s)

23 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KALAHANDI
NEAR TV CENTRE PADA BHAWANIPATANA KALAHANDI
ODISHA PIN 766001
 
Complaint Case No. CC/27/2016
 
1. Rajendra Kumar Agrawal
S/O Pyralal Agrawal Jaleswar Mandir Road,Nuapada Bhawanipatana
Kalahandi
Odisha
...........Complainant(s)
Versus
1. The Branch Manager, State Bank Of India
College Sqare Branch Bhawanipatana
Kalahandi
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. ASHWINI KUMAR SAHOO PRESIDENT
 HON'BLE MR. ASHOK KUMAR PATRA MEMBER
 HON'BLE MRS. BHAWANI PATTANIAK MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 23 Feb 2018
Final Order / Judgement
  •  

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:

  1. Copy of application to the OP Bank dt.11.03.2016
  2. Copy of  Bank Pass book with statement of account
  3. Copy of Death Certificate
  4. Copy of Legal Heir Certificate

By the Opposite Party: Nil

 

                                                                                                              President

 

 

 

                       

 

 

 

 

 

 

 

 

 
 
[HON'BLE MR. ASHWINI KUMAR SAHOO]
PRESIDENT
 
[HON'BLE MR. ASHOK KUMAR PATRA]
MEMBER
 
[HON'BLE MRS. BHAWANI PATTANIAK]
MEMBER

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