Complainants Satya Devi and others vide the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to  make the payment of  Rs.64,928/- approximately lying in the saving account and the amount lying in the shape of FDR alongwith interest @ 12% per annum from the date it becomes due towards the complainants and opposite party be also directed to pay compensation of Rs.50,000/- for harassment, mental agony alongwith Rs.20,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainants in brief is that they are the legal heirs of deceased Saudagar Singh who died on 7.6.2017. Saudagar Singh as husband of the complainant no.1 and father of the complainants no.2 to 5. During his lifetime Saduagar Singh is having his account with the opposite party bearing A/c. No.14680100000310 and he also made an FDR having No.14680310037188 dated 27.11.2014 of Rs.1,00,000/- and Certificate No.K11 410791 was also issued by the opposite party in this regard. It was next pleaded that said Saudagar Singh died on 7.6.2017 leaving behind the complainants as his only legal heirs. There is no dispute between the legal heirs. Saudagar Singh  had also executed one registered will dated 6.1.2012 in favour of complainants no.1 to 4 and the name of all the complainants are duly mentioned in the said Will.  The complainants approached the Bank for getting the amount lying in the abovesaid Saving account and FDR of Saudagar Singh and also completed all the formalities, but the bank is not releasing the payment. It has been duly intimated to the bank also that even the complainant no.2 to 5 have no objection if the amount be paid to the complainant no.1 i.e. the widow of the deceased.  As there is no dispute between the legal heirs and in that case, it is the duty of the bank to release the said amount in favour of the legal heirs, but the bank is not making the payment and as such there is clear cut deficiency in service on the part of the opposite party. Hence, this complaint.

 3.        Notice of the complaint was issued to the opposite party not received back. Case called several times but none had come present on its behalf, therefore, it was proceeded against exparte vide order dated 21.10.2019.

 4.      Alongwith the complaint, complainants have filed their own affidavit Ex.C5, C-6,C-7, along with the other documents exhibited as Ex. C1 to Ex.C4.

5.       We have carefully gone through the exparte pleadings of counsel for the complainants; arguments advanced by their respective counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.

6.        Ex.C1 is the photocopy of the Saving Account statement. Ex.C-2 is the copy of the FDR, Ex.C-3 is the copy of the Registered Will executed by Sh.Saudgar Singh in favour of his wife and three sons i.e. Complainant no.1 to 4. Regarding daughter i.e. complainant no.5, it is specifically mentioned that she is married and at the time of her marriage, Sh.Saudgar Singh had given enough to the daughter. Ex.C-4 is the list of the legal heirs of the deceased. Moreover, the death certificate of the deceased is placed on file. Affidavits of the complainant no.2,4 and 5 are attached and they have no objection if the Saving Account amount alongwith the FDR amount is given to complainant no.1. In the case of Shanti Devi Vs. Bjojpur Rohtas Gramin Bank  Revision PetitionNo.101 of 2006NCDRC has held- “that Death of account holder-Release of amount-Succession certificate- Requirement of-Held that a solution-cum-justice oriented approach is need certificate-Parties should not forced to take such a long expensive and tiresome route- If other heirs of the deceased give consent on an affidavit on due identification and have no objection, than the Bank should release the amount in favour of the complainant alongwith other heirs.”

7.       In the present case the complainant approached opposite party Bank but the Bank refused to make the payment which amounted to deficiency in service on the part of the opposite party Bank. Moreover, failure of opposite party to contest the claim of the complainant shows indifferent attitude of the opposite party to redress the grievance of the complainant.

8.     In view of the aforesaid discussion, we partly allow the complaint of the complainant with a direction to the opposite party to release the 75% Saving Account amount alongwith upto date interest and also the FDR amount with interest accrued thereon be released to Smt.Satya Devi complainant no.1 and 25% to Sh.Jarnail Singh complainant no.3. The opposite party is also burdened with a sum of Rs.10,000/- as compensation for the harassment undergone by the complainants and a sum of Rs.5000/- as litigation expenses. Order be complied within 30 days of the receipt of the copy of the order, failing which the amount is recoverable with 8% interest from the date of the order till its realization.

9.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

          (Neelam Gupta)

                                                                            President   

Announced:                                                   (Harvimal Dogra)

February 19, 2021                                                         Member

*MK*