Heard learned counsel for both the parties.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The case  of the   complainant, in nutshell    is that the complainant  had pension account in the OP-Bank  of OP No.2. It is alleged inter-alia  that he was get pension amount of Rs.479/- per month. It is alleged that complainant  received the  pension amount upto December,2003 and thereafter  he did not get same. Thereafter the matter was reported to the Ops. Since the complainant  did not receive the pension amount inspite of grievance, the present  complaint is filed.  

4.                       The OP  No.1 & 2    filed written version stating that the complainant being child pension  is seized of  the pension after completing  the age of 25 years. In fact  on 23.12.2009 the complainant’s amount has been credited to the account  of the complainant at J.K. Paper Mill Campus,Rayagada.Thereafter,  a letter has been issued to the OP No.2 to credit the amount  to the account of the complainant. There is no deficiency in service on the part of the OP no.1.

5.                  OP No.2 filed written version stating that the  complaint is not maintainable  and he is not the person to be made as  party. However, there is nothing to say in this case.

6.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                                “ The Opp.party No.1 & 2 are directed to pay the pension of the complainant from 1.1.2007 to  23.12.2009 with 9 % interest within one month from the date of receipt of this order, failing which the OP No.1 & 2 are liable to pay penal interest @ 12 %  per annum on the above pension amount till its realization. There shall be no order  as to costs and compensation, parties to bear their own cost.”

7.                  Learned counsel for the appellant submitted that  the impugned order is liable to be set-aside because they have not  gone through the material on record and they passed the order. It is for the OP No.1 & 2 to send the child pension for the complainants  to deposit same in the account and accordingly it has been done. There is nothing to dispose of. However, he submitted  that  necessary  order may be  passed for setting aside the impugned order.

8.         Considered the submission of learned counsel for the parties, perused the DFR and impugned order.

9.                   Since, it is admitted fact  amount since being paid,  there remains nothing to interfere. As the deficiency in service   has been already removed the entire  order should be set-aside. There is order only to pay pension from  01.01.2007 to 23.12.2009 with 9 % per annum as stated above. Under Section-14 of the Act  the order has been complied  by the OP. As the deficiency in service is already removed as per above observation, we find nothing remain to be decided. Hence, appeal has become infractuous. No cost.

                      Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                     DFR be sent back forthwith.