Date of Filing:14.01.2008<br /> Date of Order: 28.04.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 28TH DAY OF APRIL 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 154 OF 2008 <br /> <br /> <br /> Smt. M. Shakunthala,<br /> W/o S. Munirathnam,<br /> H.No. 13-12, 5th Cross,<br /> 5th Main Road, Prakash Nagar,<br /> Bangalore-560 02. Complainant<br /> <br /> V/S<br /> 1. SBM Employees Co-operative Society,<br /> Head Office, Kempegowda Road,<br /> Bangalore.<br /> <br /> 2. Smt. Madhi Santhanalakshmi,<br /> W/o Late Mohan, No.107, <br /> 4th F Cross, II Main,<br /> East of NGF, Kasturinagar, <br /> Bangalore-560 043. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that her son M. Mohan had died while in service in Mysore Bank. The son of complainant died on 31/10/2005. After death of Mohan the complainant who is mother of the deceased approached the opposite party society for payment of all the benefits available on account of death of M. Mohan, but the opposite party society has not paid all the benefits. The complainant submitted that she is an old lady, she cannot work for her livelihood and she is residing in rented house and maintaining herself on coolie work. Therefore, she requested that direction be issued to the opposite party to release all the funds available with the society.<br /> 2. Notice was issued to opposite party No.1. In pursuance of the notice issued by the Forum opposite party appeared through advocate and filed defence version stating that, society is always ready and willing to make payment of death relief fund of deceased M. Mohan. It is submitted that as per the records the society is liable to pay Rs.2,00,000/- as death benefit to the legal heirs of the deceased Mohan and the deceased was having dues to the society to the tune of Rs.1,08,800/- as on 29/2/2008. The society is ready and willing to pay the said amount to the legal heirs of the deceased as per the order of this Forum. The claim was not settled due to objection or claim put up by Smt. Madhi Santhanalakshmi wife of deceased. She also sought time to pay the dues. Notice was issued to wife of deceased and Sri. A.R Advocate filed vakalath for the wife of the deceased. <br /> 3. Arguments are heard. <br /> REASONS<br /> 4. Advocate for the opposite party No.1 submitted during the course of arguments the society is ready and willing to pay the amount as per the directions of this Forum. During the course of arguments the complainant and her husband i.e., parents of the deceased were present before the Forum. It was submitted by the advocate for the opposite party society that the amount payable towards death benefit shall be distributed between parents and wife equally. To this proposal the complainant and her husband both agreed and they are ready to accept 50% of the amount which is payable on account of the death of their son. The remaining 50% of the amount shall have to be paid to the wife of the deceased Smt. Madhi Santhanalakshmi. Since the wife of deceased and also the mother of the deceased being the Class-I heir of the deceased under the Hindu Succession Act. Therefore, it is just, fair and proper to direct the opposite party No.1 society to pay the amount equally to the mother and also the wife i.e., 50% each. As per the submission of the SBM Employees Co-operative Society, sum of Rs. 2,00,000/- is payable as death relief fund and out of that the deceased was having loan of Rs. 1,08,800/-. The society is liable to deduct the outstanding loan amount and the remaining amount shall have to be distributed equally to the mother and wife of the deceased. To this arrangement all the parties have agreed and accepted at the time of argument. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The S.B.M Employees Co-operative Society is directed to pay 50% of the amount each to the mother Smt. M. Shakunthala and the remaining 50% amount shall be paid to the wife of the deceased Smt. Madhi Santhanalakshmi. The S.B.M Employees Co-operative Society is also entitled to make adjustment of the outstanding loan amount standing on the name of deceased M. Mohan. The opposite party No.1 society is directed to make the payments to the mother and wife within 15 days from the date of receipt of this order with intimation to this Forum. The complainant herein i.e., mother and wife of the deceased both are directed to approach the society and receive the amount as ordered above. <br /> <br /> 6. Send the copy of this Order to all the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 28TH DAY OF APRIL 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />