UNION OF INDIA Vs. TARA ARORA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 3.11.1999 passed by District Consumer Forum, Haridwar in Complaint Case No.208/ 98.

(2.) The facts of the case stated in brief are that the Late Lajpat Rai Arora opened an account N. S. S. No.120020572 with the opposite party No.1 through the opposite party No.2. A sum of Rs.40,000/- was deposited in that account. Sri Lajpat Rai Arora died on 3.11.1996. Smt. Tara Arora and son of Late Sri Lajpat Rai Arora who is the complainant No.2 were made nominees of that account. They are the legal successor of that amount. After the maturity of the account, the complainants applied for maturity amount on 12.6.1998 through a duly filled up form for withdrawal of the amount. The Death Certificate and Pass Book was also surrendered to the appellant. This was returned back on the ground that the complainant No.2 was not a nominee. On 12.9.1998 one certificate was also given to the appellant for immediate payment of the amount but nothing was done. A registered notice was given through Advocate on 25.9.1998 but no reply was given to it. It was said that the complainant No.2 has not been entered as nominee, therefore, the amount cannot be paid to them. The complainants have prayed for return of Rs.40,000/- along with interest and Rs.5,000/- as compensation.

(3.) The opposite parties in its written version have alleged that the complainant is not a consumer. It has also been said that the nomination is noted on the pass book on the first page. This nomination has not been noted on the pass book, therefore, no payment can be made on the basis of nomination and the complaint is liable to be dismissed.