DINESH CHAND SHARMA Vs. PRAKASH SHARMA & ANR

JUDGEMENT

(1.) Late Sh. Prahlad Saran Sharma, father of the petitioner/complainant had a savings bank account with respondent no. 2 State Bank of India at its Jewar Branch. He had also hired a locker in the aforesaid bank, which he was operating through the above referred savings bank account. Sh. Prahlad Saran Sharma expired on 28.08.2008. According to the petitioner, after the death of his father, the balance in the savings bank account was transferred to his personal account by the bank. However, when he sought to operate the locker which his father had hired, he was not allowed to do so. Being aggrieved from the refusal of the bank to allow him to operate the locker, he approached the concerned District Forum by way of a complaint seeking direction to the bank to allow him to operate the locker which his father had hired.

(2.) The complaint was resisted by the bank. It was stated in the reply that the bank would have no objection to the petitioner operating the bank account if he submitted the requisite certificate in this regard. It was also stated in the reply that the deceased was survived by his sons namely Shri Prakash Sharma, Sh. Rakesh Sharma, Sh. Anil Kumar Sharma and Dinesh Chand Sharma and a daughter namely Smt. Manju Sharma. Since Sh. Mahesh Sharma, another son of the account holder having pre-deceased him, the widow and children of Mahesh Sharma also became legal heirs of late Sh. Prahlad Saran Sharma.

(3.) The District Forum, vide its order dated 12.08.2012, directed the bank to prepare a list of jewellery in the locker of the deceased, in the presence of a Government approved valuer, Branch Manager, complainant and other family members and then allow the complainant to operate the locker of the deceased.