Presented by Sri G.S. Pradhan, Member.<br /> <br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986 and its brief fact is as follows:-<br /> <br /> Late Thakur Charan Barik, the father of the Complainant has deposited a sum of Rs.2,990/-(Rupees two thousand nine hundred ninety)only towards his share to be a member with the CARD Bank, Padampur and after complying all the legal formalities under the co-operative society Act, he was made a member of Opposite Parties Bank. The Complainant was nominated as the legal heir of late Thakur Charan Barik. The Complainant contends that after the death of his father, the legal duty of the Opposite Party No.2(two) is to return the share money to the Complainant as his legal heir. The Complainant approached the Opposite Parties times and again to return the share money but the Opposite Parties remain silent. Again the petitioner served pleader notice to the Opposite Parties which have been acknowledged but there was no response<br /> <br /> Hence the Complainant filed this case against the Opposite Parties alleging deficiency in service, and claims for refund of share money including the interest and to pay Rs.5,000/-(Rupees five thousand)only towards mental agony and harassment.<br /> <br /> The Opposite Party No.2(two) in its version admitted that the Complainant has been nominated as the legal heir of his father Late Thakur Charan Barik. He is liable and responsible to all the liabilities relating to loan of his late father Thakur Charan Barik. He died leaving behind a loan of Rs. 29,000/-(Rupees twenty nine thousand)only towards principal and with interest Rs. 1,69,129/-(Rupees one lakh sixty nine thousand one hundred twenty nine)only up to Dt.01/03/2008. He had also left behind share amounting to Rs.1,350/-(Rupees one thousand three hundred fifty)only vide G.L. No. 2039 which is required to avail loan. As per Under Section 24 of the O.C.S. Act, the share of the deceased member has been transferred to his legal heir. The Complainant has been intimated sufficiently a head vide this office notices to repay the loan of his father, but he is intentionally neglected to repay the loan till date. The Complainant is not entitled to get refund of the share money, unless the repayment of loan amounting to Rs.1,99,029/-(Rupees one lakh ninety nine thousand twenty nine)only including the interest availed by his deceased father.<br /> <br /> <br /> The Opposite Party No.2(two) question the maintainability of this dispute in the Consumer Forum, as it is barred by jurisdiction as provided Under Section 121 of the O.C.S. Act 1962.<br /> <br /> The Opposite Party No.2(two) prays for dismissal of the Complaint with cost.<br /> The Opposite Party No.1(one) was set ex-party for his non appearance though notices was sufficiently served on him.<br /> <br /> Perused the Complaint petition, Opposite Party No.2(two)'s version as well as the copies of documents available in the record and found as follows:-<br /> <br /> The Complainant as the legal heir of his deceased father, claims for return of the share of Rs.2,990/-(Rupees two thousand nine hundred ninety)only deposited with the Opposite Parties Bank by his late father Thakur Charan Barik. The Complainant is entitle to get refund of the same as well as he is also liable and responsible for all the liabilities relating to the out standing loan of his late father. Deposit of share money by late Thakur Charan Barik the father of the Complainant is not disputed by the Parties.<br /> <br /> The Opposite Party No.2(two) contends that, the father of the Complainant has availed a loan of Rs.29,000/-(Rupees twenty nine thousand)only and the out standing loan amount including the interest is Rs. 1,99,029/-(Rupees one lakh ninety nine thousand twenty nine)only up to Dt.01/03/2008. He died on Dt.21/10/1996 with out clearing the out standing loan amount. Notice was sufficiently served to repay the out standing loan amount of his father but he intentionally did not repay the loan till date. Further he had also left behind him share amounting to Rs. 1,350/-(Rupees one thousand three hundred fifty)only vide G.L. No. 2039 and as per provision of the O.C.S. Act, the share of the deceased member has been transferred the to account of the legal heir. It is the say of Opposite Party No.2(two) that the share can not be paid to him without repayment of the loan availed by his deceased father. The Opposite Party No.2(two) has led no evidence at all to prove his case. It is well settled that a consumer dispute can not be decided on merely pleadings but necessarily on the sound footings of some evidence. <br /> <br /> In the circumstances as discussed above, we conclude, the Complainant is entitled to get return of the share money of Rs. 2,990/-(Rupees two thousand nine hundred ninety)only and non return of the share money to the Complainant is amounts to deficiency in service the <br /> <br /> <br /> <br /> part of the Opposite Parties. In the result complaint allowed and ordered as follows:-<br /> <br /> The Opposite Parties are directed to refund the share money of Rs.2,990/-(Rupees two thousand nine hundred ninety)only and to pay a sum of Rs.2,000/-(Rupees two thousand)only towards mental agony and cost of the case to the Complainant with in 30(thirty) days from the date of this Order, or else, the total amount will carry 18% interest per annum till the date of payment.<br /> <br /> Complaint disposed off.<br />