TMI Blog2001 (2) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... resident - 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 opposite party No. 1 through the opposite party No. 2. A sum of Rs. 40,000 was deposited in that account. Shri Lajpa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation 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 in the pass book by the appellants. The learned District Forum has considered this aspect of the matter and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 traced out. If the nomination form has been lost then it is the responsibility of the appellants and this amou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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