J U D G E M E N T.

          The Complainant in this case is the widow of Late Chandan Agrawal.  The husband of the complainant died on 31.01.2014 who was a customer of the O.Ps having two R.D. Account vide No. 70705521 & 70705522 while he was residing at Sinapali.  After his death he was leaving behind the wife (the complainant) and two minor son as her legal heir and successors of the above two Recurring Deposit Account which was accumulated with interest at that time.  At the time of death  the husband of the complainant, the balance amount in both the R.D. Account is Rs. 2,34,000/-( Rupees Two lakhs thirty four thousand) only  & Rs. 2,40,000/( Rupees Two lakhs forty thousand) only  total Rs. 4,74,000/- (Rupees four lakhs and seventy four thousand) only.

          The complainant being the widow of the Account holder has claimed for release of the said balance amount in the account of her husband which was deposited by him and claimed in prescribed form for withdrawal of balance in the Post Office and duly filled up the necessary information as per required by the O.Ps along with Passbook of said two R.D. Account, letter of Indemnity, Affidavit and letter of Disclaimer, Legal heir on dated 18.09.2014.  The Post Master, Sinapali also certified her as a Claimant of both the balance amount of the R.D. Account of her husband.

          The Opp. Parties has not taken any steps to withdrawn the balance amount till day, hence the complainant has suffered a lot due to deficiency in service by the O.Ps.

          The O.P. is responsible for the non realization of balance amount in the both R.D. Account.

          The complainant claimed her compensation as follows :-

1. Rs. 2,34,000/- - balance in R.D. Account No. 70705521,
2. Rs. 2,40,000/- - balance in R.D. Account No. 70705522,
3. Rs. 85,320/-    - interest towards cost of litigation,
4. Rs. 5,000/-      - towards cost of litigation,
5. Rs. 30,000/-    - towards compensation for mental agony suffered by the complainant.

The complainant has filed the following documents :-

1. Copy of five year R.D. Account No. 70705521,
2. Copy of five year R.D. Account No. 70705522,
3. Copy of claim form duly filled up form for claim for balance in the Saving Bank Account of deceased depositor before the Sub-Post Master, Sinapali on dated 18.09.2014,
4. Copy of Death Certificate of Chandan Agrawal,
5. Copy of Voter ID of complainant name Rani Agrawal.

The Opp. Parties filed their version and stated that the O.Ps. has no provision to know about or collect information about any depositor’s family particulars during the time of opening of any Saving Account even they have no time to collect any other information regarding the family matters under Post Office Saving Bank Rules.  The information furnished by the complainant in her complaint regarding the death of the depositor, husband of the complainant Chandan Agrawal.

The O.P. has learned from the application copy of claim along with all documents regarding the death of the depositor and the complainant in this  case has filed documents like, death certificate, legal heir certificate, affidavit claim petition and filed all family particulars of the deceased Account holder.

The O.P. has denied about the deficiency of service alleged by the complainant Rani Agrawal W/o Chandan Agrawal (depositor) only admitted the fact about the balance amount of both the R.D. Account vide No. 70705521 & 70705522 on record.  The O.P. has returned the claim petition or form to the complainant due to lack sanctioning limit of O.P.  The O.P. has no jurisdiction to sanction above Rs. 1,00,000/- (Rupees one lakh) only of any deceased account holder under Post Office Saving Bank Manual without submitting succession certificate according to Post Office Saving Bank Rules 87 & 117 (volume).  For such type of withdrawal the document like succession certificate is necessary by the O.P. for disbursement.

So the O.P. has not neglect the complainant and she is not suffered for any kind of deficiency in service.  The O.P. has filed the relevant documents.

The alleged complaint filed by the petitioner  is correct to say that , She is entitled  for the balance  amount incurring  by her deceased  husband.The OP Post Office  Saving  Bank Rules and Govt Saving banks Acts 1873 ,No suit or legal proceeding  shall lie against  the  Secretary  nor any Govt  authority  which is in  good faith done or intended  to done under this Act.The claimant has to produce succession certificate when it is required   for settlement of Claim (outstanding) beyond the limit of Rs.1,00,000/-( Rupees One lakh) only .The Hon’ble  forum has directed  the petitioner to produce succession certificate as early as possible  to the OP  for realization of pending dues.

O R D E R.

It is directed to the Opposite parties to release the deposited amount in favour of the petitioner / complainant after submission of succession certificate within a week.  No cost is awarded to either party.

Order pronounced in the Open Court of District Consumer Disputes Redressal Forum, Nuapada, this the 12^th day of July  2016.