Tribunals and Commissions(1999) 09 NCDRC CK 0053

R.KERALA VARMA vs SECRETARY, VELLIYAMKULAM N.S.S.

National Consumer Disputes Redressal Commission · Decided on 9 September 1999 · Citation: 2000 3 CPJ 511 : 2001 1 CPC 101

HON’BLE JUDGES
L.Manoharan , K.M.Latha , R.Vijayakrishnan J.
RESULT
Appeal dismissed

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Judgment

2 paragraphs · 236 words
1.

THE complainant in O.P. 141/99 on the file of the Consumer Disputes Redressal Forum Alappuzha is the appellant. THE complainant alleged before the District Forum that his wife deposited Rs. 13,500/- with the opposite party and she died on 23.2.1998. THE said amount has not been disbursed so far; it was alleged, the same would amount to deficiency and, therefore, wanted direction to be issued to disburse the amount to the complainant. THE District Forum dismissed the complaint holding that the proper remedy is to file a civil suit before a competent Civil Court. THE said dismissal is challenged by the complainant in this appeal.

2.

LEARNED Counsel for the appellant sought to maintain that the observation of the District Forum as to the status of the complainant as a heir is not correct and himself being a consumer the complainant was eligible for the direction sought for by him. The relief sought is not compensation. The relief sought is to disburse the deposit made by the deceased wife of the complainant. The complainant claims himself to be a heir; not the only heir for he admits that there are other heirs. Clearly such questions relating to an amount deposited by a deceased normally has to be adjudicated by the Civil Court. The view expressed by the District Forum in such circumstances cannot be said to be faulty, Therefore, the appeal is dismissed. Appeal dismissed.