2001 (2) TMI 966

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....   P.L. Nigam for the Appellant. Praneet Sharma for the Respondent. ORDER Justice K.C. Bhargava, President - This is an appeal against the judgment and order dated 3-11-1999 passed by District Consumer Forum, Haridwar in Complaint Case No. 208 of 1998. 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 opp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t 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 n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d counsel for the appellant has argued that no succession certificate has been filed because there is no nomination entered in the pass book. The payment can be made only after the succession certificate is filed. According to the learned counsel for the opposite party, in the form a nomination was made in favour of the complainant but due to an oversight these nominations have not been mentioned ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inant No. 1 was mentioned, therefore, she should have been paid the entire amount ignoring the complainant No. 2. Even the nomination has not been entered by the bank clerk in the ledger, this will also not affect the case of the complainant. The Form SB-3 which was presented in the post office at Roorkee has not been produced and it has been said that even after thorough search, it could not be t....