Orders

18.01.2017

Upendra Jha Member.

                           This appeal is directed against the order dated 26.09.2012 passed by the District Forum Gopalganj in complaint case no.28 of 2011 by which the appellant is directed to pay the respondent death help of Rs. 1,100/- P.M. for 75 months and Rs. 2,000/- as compensation and Rs. 2,000/- by way of litigation cost within 45 days failing which opposite party will have to pay Rs. 200/- per month as interest till final payment.

2.                  Briefly stated, the case is that the husband of the respondent named Satwan Mishra had deposited two fixed deposit under Sahara ‘D’ Scheme for Rs. 3,000/- and Rs. 19,000/- on 17.12.2002 which were to be matured on 17.03.2009. But, her husband died in an accident due to electric shock on 14.10.2008. The scheme provided to pay the death help. The opposite party paid the maturity amount Rs. 44,000/- to the complainant which was reinvested on assurance for payment of death help. But it is still not paid 75% loan was to be paid but on application 50% of the deposited amount Rs. 22,000/- was given to the complainant at the time of daughter’s marriage. When it was not settled, a complaint was filed before the District Forum. The opposite party appellants contested the case. The district forum passed the impugned order against which this appeal is preferred.

3.                        Respective written notes of argument have been filed by the parties. Heard.

4.               The District Forum holding deficiency in service  on the part of the appellants opposite parties has passed the impugned order and allowed the claim.

5.            The counsel for the appellant submits that as per agreement, the dispute was to be settled by conciliation under Arbitration and conciliation Act 1996 but the complainant did not appear hence this process was dropped by the Arbitration. The complaint is barred by limitation. Hence, it is fit to be dismissed. The case is suffering from non-joinder and mis-joinder of parties. The complainant has received the deposited amount with interest in full and final settlement without protest or objection. As per condition ‘9’  of the scheme, 5% of the deposited amount was payable for 75 months in case of death after 60 months from the date of investment as death help and not Rs. 1,100/- per month for 100 month as ordered by District Forum. This point has not been considered by the District Forum. Hence, the order under appeal be set aside and the appeal be allowed.

6.              The counsel for the respondent submits that the District Forum has considered all points raised by the parties. In correct perspective and the order is proper and justified. It needs no interference. The appeal be dismissed.

7.                Having considered the submission of parties and on perusal of the order passed by the District Forum as also the material available on record it appears that the district forum has not considered the points raised by the parties in correct perspective. Under condition 9 of the scheme if 5% of the deposited amount is payable for 75 months in case of death after 60 months from the date of investment as death help interest free loan and not 1,100/- per month for 100 entitled for death help but as per provisions of the scheme. Hence, the District Forum order is set aside and the appeal is allowed and remanded to the District Forum order is set aside and the appeal is allowed and remanded to the District Forum for fresh hearing under the provision of the scheme and to pass a reasoned order within 3 months of the receipt of this order.

 The appeal is allowed. Let a copy be issued to the parties free of cost.

            Renu Sinha                                                    Upendra Jha

              Member(F)                                                    Member(M)

Mukund