NCDRC

NCDRC

RP/4301/2009

SAHARA INDIA & ORS. - Complainant(s)

Versus

BODDURU APPAYYA & ANR. - Opp.Party(s)

MR. SUDARSHAN RAJAN

09 Dec 2009

ORDER

Date of Filing: 19 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4301/2009
(Against the Order dated 01/07/2009 in Appeal No. 884/2006 of the State Commission Andhra Pradesh)
1. SAHARA INDIA & ORS.The Branch Manager Sahara India Branch office G.T Road. narasannapeta Srikakulam Distt. ...........Appellant(s)

Vs.
1. BODDURU APPAYYA & ANR.S/o. narayana Vaddinavalasavillage Aludu Post Saravakota Manadal Srikakulam Distt. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. SUDARSHAN RAJAN
For the Respondent :NEMO

Dated : 09 Dec 2009
ORDER

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          Bodduru Simmalu was a Bond Holder under S-10 Scheme Certificate bearing No.3434116256.  She paid Rs.3,000/- on 28.8.1998 for purchase of the Bond.  Subsequent to the deposit, the Bond Holder died on 13.11.1999 at her village.  Respondent/complainant, who was the Nominee informed the petitioner about the death of Bodduru Simmalu which had taken place in the year 1999.  Petitioner started paying Rs.3,000/- per month as per terms of the Scheme.  The amount was paid for 35 instalments and after that, the same was discontinued on the ground that a representation had been received from rival claimants.  According to the rival claimants, the deceased had died on 02.11.1998.  Respondent filed a claim claiming remaining 85 monthly instalments to which the petitioner did not agree.  Aggrieved by this, respondent filed a complaint before the District Forum.

          District Forum allowed the complaint and directed the opposite parties No.1-5 to pay Rs.60,000/- together with interest @ 12% p.a. from 23.4.2004 till the date of realization; to pay the accrued death help @ Rs.3,000/- per month for the period from 15.6.2004 to 31.1.2006 together with interest @ 12% p.a. from the date of the award till the date of realization;  to continue to pay the death help @ Rs.3,000/- till the end of 120th month and to pay Rs.2,000/- towards litigation expenses including the advocate’s fee of Rs.500/-. 

          Aggrieved against this, petitioners filed an appeal before the State Commission.  The State Commission has disposed of the appeal with the following observations.

          In the result, the appeal is allowed modifying the impugned order directing the opposite parties with joint and several liability to release monthly death help benefit instalments due from 36th instalment upto 31.7.2009 with accrued interest thereon (i.e. interest on the arrears of instalments) and the remaining instalments commences from August, 2009 till November, 2009 to be paid on the stipulated dates without interest thereon.  In the circumstances of the case, each party to bear its own costs.”

 

          Respondent had produced the Death Certificate showing that the death had taken place on 13.11.1999.  The allegation made by the rival claimants that the deceased had died on 02.11.1998, was found to be false.  We agree with the view taken by the fora below that the allegation put up by the rival claimants was bogus and the petitioner was obliged to pay the remaining monthly instalments as per the Scheme, as ordered by the State Commission.  No merits.  Revision petition is dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER