SOHAN LAL SAHU Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 has been filed by the appellant having been aggrieved by the order dated 25.1.2008 of District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called as "District Forum") under Complaint Case No. 112/07.

(2.) BRIEF facts of the case are that the complainant claims himself to be the nominee under a Savings Bank Account N. 01190020918 which was in the name of his sister Smt. Udasa Bai and her husband Shri Motilal. Smt. Udasa Bai died on 14.11.2005 and Motilal died on 18.6.2007. The complainant being brother -in -law (Saala) of late Shri Motilal claimed amount lying in said S.B. account. OP bank having found discrepancy in document asked the complainant to produce succession certificate. Complainant on refusal of claim having not compiled succession certificate, approached District Forum praying for directing the OP bank for paying Rs. 1,03,390.95 with interest @ 9% p.a., Rs. 10,000 for mental harassment and also cost of Rs. 2,000.

(3.) UNDISPUTEDLY the Savings Bank Account No. 01190020918 with the respondent Bank was in the name of Motilal and Smt. Udasa Bai. Bother -in -law (Saala) of Motilal, is the nominee under said account as per nomination No. 10631 dated 23.1.2006. The Bank account holder couple, reportedly had no issues. Smt. Udasa Bai died on 14.11.2005 and her husband Motilal died on 18.6.2007. The complainant/appellant being the nominee claimed amount of the account from the respondent bank which insisted for succession certificate in order to settle claim having under -mentioned discrepancies in documents related to the said bank account.