DENA BANK Vs. DUSHYANT KUMAR NAMDEO

JUDGEMENT

(1.) This is an appeal directed against by order passed in Complaint No.5/2000 by the District Consumer Grievances Redressal Forum; Durg (hereinafter referred to as 'the District Forum' directing the appellant to pay Rs.17,850/- to the complainant/respondent as per order dated 27.12.2003.

(2.) The facts not in dispute are that one Shyamlal was having Account No.246 with the Gunderdehi Branch of the appellant and the complainant/respondent, nephew of the said account holder Shyamlal, was a nominee of the said amount. On the death of the account holder Shyamlal on 26.2.2000 the complainant approached the appellant to obtain the amount in the said account as nominee. But he was not permitted to withdraw the money at deceased account holder Shyamlal's credit. It is averred by the complainant that he was asked to produce a succession certificate from a Competent Court.

(3.) Four letters on various dates between 23.2.2000 and 11.5.2004 were also written to the appellants but he could not obtain the said amount from the respondents but was asked to produce succession certificate. Under the circumstances the complainant had to obtain a succession certificate from the Civil Court after spending Rs.19,850/- in Court fee, etc. Copies of all the letters duly acknowledged and affidavit are submitted in support. The O. P. /appellant has in the written reply averred that the account in question was a pension account and not being a blood relation the complainant was not entitled to the amount lying with the said account. It is also averred that the complainant could have obtained a decree to the effect that no succession certificate is required because of nomination. It is also stated that the amount has been paid to the complainant on 18.8.2000 on production of succession certificate.