Judgement HON’BLE SUDIP NIYOGI PRESIDENT FACTS The fact of the instant complaint is that the petitioner’s mother Smt. Shyamadevi Kahar since deceased, wife of late Monilal Kahar of 232/C, Acharya Prafulla Chandra Road, Kolkata- 700004, within P.S- Ultadanga was the holder of a savings bank account being No. 61063838831 with the SBI , Shyambazar Branch at 124/A, Bidhan Sarani, Kolkata- 700004 within P.S- Shyampukur and the petitioner was registered as nominee in connection with the said savings account. It is said that following the resolution of the Central Government of India, the State Bank of Bikaner and Jaipur was merged with the State Bank of India. Said Shyamadevi Kahar died intestate on 01/08/2020 leaving behind the petitioner as her only legal heir and survivor. It is claimed that an amount of Rs.70,082/- only is lying in the said savings account. The petitioner after her mother’s death, being her legal heir and nominee approached the Opposite Party demanding the claim of the amount with interest lying in the said account. But he was told that they did not find any documents in their computer system. Subsequently, petitioner sent several letter including legal letter through his Advocate demanding the same relief. But nothing was done on the part of the Opposite Party. So, the petitioner filed the instant complaint alleging gross negligence on the part of the Opposite Party and praying for paying the whole amount lying in the said savings account with interest to the petitioner and also compensation etc. The materials on record revealed that notice was served upon the Opposite Party but they did not prefer to contest the case. As a result, the complaint was heard ex parte against them. The only point that calls for determination is, whether the petitioner is entitled to get relief (s) in this case. FINDINGS Petitioner adduced his evidence on affidavit and also filed photo copy of the documents, namely, the death certificate (A-1) of said Smt. Shyamadevi Kahar, copies of two pages of the relevant passbook (A-2) and a series of letters (A-3 to A-10) issued to the bank. The document (A-2) reveals that said Smt. Shyamadevi Kahar had savings bank account being No. 61063838831 with State Bank of Bikaner and Jaipur, Shyambazar Branch. A-1 reveals that the said account holder died on 01/08/2020. According to petitioner, following the resolution of Government of India as the State Bank of Bikaner and Jaipur was merged with SBI, this particular branch was also merged with the SBI and that is why, the petitioner made applications one after another to the Manager of the said Branch for getting reliefs in the form of getting back the amount lying in the said account of his mother. He is also found to have produced documents, namely, original passbook, death certificate, Aadhar card, Voter card, PAN card of the deceased etc. along with the claim petition, but nothing was done. Be it noted here we do not find any paper to reveal that the said account of his mother had a balance of Rs.70,082/- as claimed by the petitioner. Therefore, we are not in a position to issue any direction on the Opposite Party to refund the said amount. However, we think an order is required to be made here in this case in favour of the petitioner issuing a direction upon the Opposite Party to pay the entire amount which was lying in the said Account of the petitioner’s mother at the time of her death along with interest to the petitioner. Accordingly, it is ORDERED That the instant case be and the same is allowed ex parte. Opposite Party is directed to pay the amount lying in the savings bank account being No. 61063838831 in the name of Smt. Shyamadevi Kahar, since deceased, to the petitioner along with interest @9% p.a. until realization. This apart, Opposite Party to pay Rs.3000/- (Rupees Three Thousand Only) towards cost of litigation to the petitioner. The aforesaid payment shall be made by the Opposite Party within 30 days from the date of this order. Dictated and corrected by me | 
