(1.) THIS appeal has been preferred against the order dated 13.1.2004 passed by District Consumer Forum, Kaithal in complaint No. 211/2002.
(2.) UPON notice, the opposite parties appeared and contested the complaint. Opposite Party Nos. 1 and 2 in their joint written statement stated that the complainant himself was negligent for not taking the pass books from the opposite party No. 3 -agent and if the opposite party No. 3 was not delivering the pass -books to the complainant, then the complainant should have brought the matter to the notice of the City Magistrate, Kaithal.
(3.) ON behalf of the appellant it is contended that the appellant (opposite party No. 3) has no role with respect to the payment of R.D. accounts of the complainant which were opened with the opposite party Nos. 1 and 2 for five years. Admittedly, both the aforesaid R.D. accounts have matured and the payment of the same is still pending with the opposite party Nos. 1 and 2. The opposite party Nos. 1 and 2 have not made the payment of the R.D. accounts to the complainant for want of furnishing the original pass -books. In our view the appellant -opposite party No. 3 has not to play any role in the matter. Thus, no deficiency in service can be attributed to the opposite party No. 3.