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ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
First Appeal No.492 of 2019
Date of institution : 01.08.2019
Reserved on
: 09.05.2022
Date of Decision : 19.05.2022
1. Mangat Rai @ Mangat Rai Goyal, son of Kaur Sain, r/o 5C/78,
Near Bhalwan Wala Adda, Dhuri, now at 5B/264, Near Gole
Park, Dhuri.
2. Bhushan Kumar, son of Kaur Sain, r/o 5C/78, Near Bhalwan
Wala Adda, Dhuri, now at 5B/264, Near Gole Park, Dhuri.
3. Shakuntla Devi, D/o Kaur Sain, now w/o harbans Lal, r/o 125,
Aggarwal Street, Near Ranbir Club, Sangrur.
4. Promila @ Pramila, D/o Kaur Sain, r/o 5C/78, Near Bhalwan
Wala Adda, Dhuri, now at 5B/264, Near Gole Park, Dhuri.
5. Rani Bala D/o Kaur Sain, now W/o Hem Raj, R/o Master Mansa
Ram Wali Gali, H.No.11, W.No.13, Shri Gangsar Jaitu, District
Faridkot.
….Appellant-complainant
Versus
Punjab National Bank, Main Branch, Loha Bazaar, Dhuri through its
Branch Manager.
……Respondent-Opposite Party
First Appeal under Section 15 of the
Consumer Protection act against the order
dated 24.05.2019 of the District Consumer
Disputes Redressal Commission, Sangrur.
First Appeal No.492 of 2019
2
Quorum:-
Mr. H.P.S. Mahal, Presiding Judicial Member
Mrs. Kiran Sibal, Member
Present:-
For the appellants
:
Sh. Sukandeep Singh, Advocate
For respondent
:
None
H.P.S. MAHAL, PRESIDING JUDICIAL MEMBER:
The appellants/complainants have filed the present
appeal under Section 15 of the Consumer Protection Act, 1986 for
setting aside the impugned order dated 24.05.2019 passed by the
District Consumer Disputes Redressal Forum, (now Commission),
Sangrur (in short ‘District Commission’) whereby the complaint filed
by the complainants against Opposite Party(in short “OP”) was
dismissed
2.
It would be apposite to mention that hereinafter the parties
will be referred, as have been arrayed before the District Commission.
3.
Brief facts culminating to the institution of the present
complaint before the District Commission are that Sh. Kanwer Sain
Goyal @ Kaur Sain Goyal-father of the complainants had been
maintaining bank A/c No.0140000100106571 having balance of
Rs.1,10,835.50 paise, as on 10.09.2018. Said Sh. Kaur Sain Goyal
died on 02.08.2005 leaving behind 6 legal heirs. Mother of the
complainants died on 02.09.2016 and complainants, five in number,
being the only living legal heirs of the Sh. Kaur Sain Goyal are entitled
for the balance amount of the said bank account along with interest till
First Appeal No.492 of 2019
3
date in equal shares. But OP-Bank failed to settle the claim, lodged
by the complainants, vide letter dated 28.09.2016. The said act and
conduct of the OP tantamounts to negligence as well as deficiency in
service and as such, complaint was filed by complainants before the
District Commission with the prayer that the complaint be accepted
and OPs be directed release the payment of the said Bank account
amounting to Rs.1,10,835.50 paise as on 10.09.2018 along with the
accrued interest. Further to pay compensation of Rs.50,000/- for
harassment and agony and Rs.11,000/- as litigation expenses.
4.
Notice of the complaint was given to OP and OP filed
written reply by taking the objections that OP-Bank had no knowledge
about any legal heirs of Sh. Kaur Sain Goyal, as the said Sh. Kaur
Sain Goyal did not made nominee to any of the legal heirs. If the
complainants are the legal heirs of the Sh. Kaur Sain Goyal, they
could get the succession certificate in their favour and produce the
same before the OP-Bank, but complainants have not produced any
legal document showing that the complainants are the legal heirs of
said Sh. Kaur Sain Goyal. The other averments as made in the
complaint are categorically denied and lastly submitted that the
complaint of the complainants is without merits, the same may be
dismissed.
5.
Learned counsel for complainants pr
