Prof. Sunil Kanti Kar, Member— The instant appeal has been directed against the judgment and order dated 9.5.95 passed by the learned District Forum, Calcutta in C.D.F. Case No. 2872 of 1994 by which the complaint petition was dismissed.

2. The fact of the case is that the Complainant/appellant alongwith Dukhi Biswas since deceased jointly took an agricultural loan of Rs. 62,000/- in the year 1985 from the respondent/ bank for pruchase of a tractor for cultivation purpose. The said loan was secured by mortgage of 10 acres of agricultural land worth of Rs. 3 lakhs, besides pledge of the tractor with the respondent/bank as security against the said loan of Rs. 62,000/-. The appellant alongwith said Dukhi Biswas paid Rs. 80,000/- to the respondent/bank between 3.2.86 to 8.3.94. Thereafter the respondent/bank made a further claim of Rs. 56,574/- taking into account the interest payable upto June 1994. One of the borrowers namely Dukhi Biswas died. The present appellant opened on 2.8.91 two Fixed Deposit Account for Rs. 30,000/-each bearing Nos. 100302/ 269/91 and 100321/270/91 with the respondent/bank and the same were matured on 2.8.94 and the matured value, of both the accounts a