This consumer Dispute complaint of the complainant is filed under Sec. 12 is of the C.P.Act 1986 for a direction to the opposite party for refund of the maturied amount of M.D.R.No.009000/IX, Dt.11.07.1998alleging his joining member ship of the “Medinova Gold Card Scheme” of the opposite party on 11.07.1998 by depositing Rs.5,000/- for a period of 3 years and that the opposite party not refunding the matured amount of Rs.7,850/- inspite of receipt of the discharged receipt and the several demands dated 12.6.2001, 26.10.2001 and legal notice dated 13.02.2002 and the said conduct of the opposite party in not refunding the amount is deficiency upon document any material record in M.D.R.No.00900/IXdated 11.7.19987 for Rs.5,000/- with maturity value of Rs.7,850/- payable on 10.07.2001 letters dated 12.6.2001 and 26.10.2001 and legal notice dated 13.2.2002 demanding the refund of the maturity amount postal acknowledgement of receipt the notice by the opposite party and they are marked as Ex A1 to A5 for appreciation in this case.

 The opposite party on receipt of the notice of this forum as to this case filed objection statement alleging the payment of the maturity amount with overdue interest in full settlement to the complainant by way of cheque No.970758 dated 24.8.2002 drawn on Bank of Baroda, at Hyderabad and there by seeking the closer of the C.D. in view of the full settlement.

Hence the point for consideration is whether the complainant is entitled to the reliefs sought for the averments of the objection statement was not rebutted by the complainant by denying the truth there in by any evidence or any sworn affidavit. Further neither the complainant nor the opposite party has shown any interest in prosecuting the matter by attending the case in this matter on 20.11.2002 and on 02.12.2002 from the above circumstance i.e., from non rebulater of the objection statement averment complaint with the above abstaining conduct of the complainant and opposite party to the proceedings what remains clear as that remaining to be granted as relief to the complainant in view of the said settlement out of the court and hence the complaint is dismissed with costs.