Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     This appeal is directed against the order dated 31.03.2007, passed in Consumer Complaint No.39/2000 Shri  Maruti Nimba Memane, V/s. Bank of India, by Consumer Disputes Redressal Forum, Addl. Pune District.

     It is the case of return of deposit of `1,16,506/- which was kept in fixed deposit as an amount of compensation in Land Acquisition received from the Government.  When it was matured, the bank refused to return the deposit stating that Court orders are needed.  Feeling aggrieved thereby this consumer complaint was filed.

     Forum below dismissed the complaint holding that there is no deficiency in service and feeling aggrieved thereby original Complainant - Shri  Maruti Nimba Memane  preferred this appeal.

     Heard both sides.  Perused the record.

     According to Appellant/original Complainant after the suit filed by the Complainant was decreed the matter is taken up in the appeal before the District Court, Pune and said appeal is still pending.  The order passed by Civil Court is reproduced in the written version by the bank.  It shows that there is a dispute regarding the refund of  the amount which is deposited and said dispute is yet to be settled.   Under the circumstances, if the Bank refused to refund the deposit which stood in the name of original Complainant deceased – Nimba Rama Mamane it cannot be held that there is deficiency in service on the part of Bank.  It may be noted that there is no certificate of succession obtained as per section 212 of Indian Succession Act.  In the background we find no fault in the impugned order and thus finding the appeal devoid of any substance, pass the following order:

O  R  D  E  R

  (i)          Appeal stands dismissed.

(ii)          No order as to costs.