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Judgment
DEFICIENCY in banking service is grievance of complainant.
UNDISPUTEDLY one Bhuban Mohan Pal is a customer of the opposite party-Bank having various deposits with it. On death of Bhuban, complainant claiming to be the mother of Bhuban requested the opposite party for disbursement of the deposits in her favour. Opposite party-Bank wanted that a succession certified should be obtained so that Bank can consider the question of disbursement of the deposits made by deceased Bhuban. When complainant wanted the amount in deposit for which she can get a succession certificate, the Bank did not disclose the same to her. As a result, she is deprived of getting the legitimate amounts in custody of the Bank. Bank in its case stated has asserted that sons and widow of Bhuban have instructed the Bank not to disclose any particulars in respect of deposit of Bhuban to complainant and accordingly, the Bank did not disclose the same to her.
Whether wodow and sons would be the successors of deceased Bhuban, is a question which would be decided by the Court granting the succession certificate. Merely because the persons claiming themselves as widow and sons of late Bhuban have instructed the Bank not to disclose any information to complainant, the Bank would not be obliged to accept such instruction although instruction of Bhuban during his life-time would have been binding on the Bank. Accordingly, we direct the opposite party Bank to furnish the amounts available with it in the account of late Bhuban within 7 days from the date of receipt of the order, by registared post at its own cost. Therefore, on production of succession certificate, the Bank shall deal with the amounts in deposits. In case in the meantime the persons claiming to be the widow and sons of late Bhuban can produce a succession certificate, Bank can act upon the same without waiting for the succession certificate from complainant.
ALTHOUGH non-payment of money in the circumstances to complainant is not a deficiency in service, where there are various claiming independently claiming the amounts, non-supply of information to enable them to get the claim settled, is a deficiency in service and accordingly, the direction is given. In result, the complaint is allowed to the extent indicated above. Complaint allowed.