Barkat Ali Zaidi, President—The short facts of the case are that the respondent complainant had opened two accounts in the Canara Bank, Raja Garden Branch No. (i) CAN SI A/c 87/92 and (ii) Saving Bank Account No. 13634 in the month of November 1992 with the appellant OP bank which the complainant operated till middle of 1993, but as averred, since he became ill he lost his memory, and was not able to operate the accounts for 12 years. Therefore, the complainant approached OP in the month of March-April, 2005, to find out, the balance in his accounts and the bank replied, that the records of the bank were destroyed. The bank further averred that after a lapse of 8 years from the year of non-operation of the accounts the records of the said accounts are destroyed.

2. The complainant, therefore, filed a complaint before the bank ombudsman, and the ombudsman, after hearing both the parties found no deficiency on the part of the bank.

3. The complainant ultimately, therefore, filed a complaint before the District Consumer Forum praying that the OP bank be directed to pay him Rs.35,902 towards his Savings Bank Account No.13634 and Rs.12,000 towards CAN SI A/c 87/92.

4. The