Query on Consumer law
V.V.RAMDAS
(Querist) 28 May 2010
This query is : Resolved
Dear friends clarification is required- X had some fixed deposits in the bank and he died leaving no heirs but he had executed a registered "will" in favour of "Y". Now the bank refuses to pay the matured amount to "Y". In this situation can "Y" file a case before consumor forum? -When X is consumer Y is also a consumer as he is the beneficiary.
A V Vishal
(Expert) 28 May 2010
The Government carried out amendment in 2002 to enable the legal representatives also can file the compliant based on certain court judgments that have allowed the legal representatives to maintain action against manufacturers and traders. The Government inserted the following clause under 2 ( 1) of Consumer Protection Act, 1986 definition of complainant (v) in case of death of a consumer, his legal heir or representative; who or which makes a complaint Conclusion: The Legal representatives can file or continue the case after the death of a consumer after the Consumer Protection act, 1986 ( 2002 Amendment)
Raj Kumar Makkad
(Expert) 28 May 2010
The amendment told by Vishal is applicable only when the consumer is alive and files his complaint through his representative then it is maintainable and second situation is that if a complaint is filed by consumer and he dies then his complaint can be continued through his legal heirs but the question relates to some other context.
The quariest says X made a will in favour of Y and died. Now Y wants to get payment lying in the account maintained with particular bank but bank refuses to make payment. Quarist wants to file consumer complaint as according to him, had X alive, he must have filed a consumer complaint so why similar complaint cannot be filed by Y.
My opinion is that as Y is relying upon will and demanding the payment on that basis of will so bank can demand probate of will through civil court. It is not the jurisdiction of consumer forum to decide the validity, authenticity, genuineness of the will hence no complaint can be filed by Y before consumer fora rather he should go to civil court and should obtain letter of probate.
G. ARAVINTHAN
(Expert) 28 May 2010
Since the deceased executed a Will in favour of Y, then Y have to obtain a Succession Certificate or Letters of Administration from a competent Court and then only claim the Maturity amount
A V Vishal
(Expert) 29 May 2010
Mr Makkad:
Please go through the amendment carefully it says".............under 2 ( 1) of Consumer Protection Act, 1986 definition of complainant (v) in case of death of a consumer, his legal heir or representative; who or which makes a complaint".
Uma parameswaran
(Expert) 30 May 2010
Give a letter to bank with all documents.If they refuse you can meet Bank Ombudsman.
V.V.RAMDAS
(Querist) 02 June 2010
Thanks a lot to all of you for your valuable answers.
