Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal no.1920 of 2008

Sahara India & ors. vs. Smt. Shabana Afroz & anr. 

ORDER

(Delivered by Sri Sushil Kumar, Member)

20.9.2024

Case called out. Heard Sri Alok Kumar Srivastava, ld. counsel for the appellants and Sri Ashish Kumar Srivastava, ld. counsel for the respondent no.2. None appeared for the  respondent no.1.

This appeal has been filed against the judgment and order dated 4.9.2008 passed by the ld. District Forum, Chandauli in complaint case no.39 of 2007, whereby the ld. District Forum allowed the complaint and directed to pay Rs.1,11,000.00 to the complainant.

As per the case of the complainant, the husband of the complainant opened an account no.26059200048 in Sahara Rajat Plan, account no.26059808265 in Sahara Super Plan and account no.26059813995 in Sahara Minor Plan but unfortunately, the account holder died on 23.5.2005 in a road accident. The defendants were informed within 10 days and defendants paid the amount three accounts but refused to honour the death maturity cheque land failed to provide the accidental benefit claim.

The defendants contended that the insurance company is necessary party who issued the insurance policy in favour of the account holder. As per the records, it appears that the complainant’s husband never obtained the insurance policy from the insurance company.

Ld. District Consumer Forum upon appreciation of the evidence concluded that Rs.1,00,000.00 was payable on the death of the account holder, therefore, directed to pay this amount and further directed to pay Rs.10,000.00 for mental harassment and agony and Rs.1,000.00 as cost of litigation.

The ld. counsel for the appellant argued that as per clause no.18, the nominee of late coupon holder is entitled to

(2)

get death help as per chart given, but no chart is produced by the appellant before this bench. Although as per annexure no.4 the complainant  received amount of Rs.10,000.00 under Sahara Rajat Plan and Rs.3,970.00 under credit value as death claim. The complainant signed this document on postal receipt.

As per annexure 4 this amount is received by the complainant against the deposited/invested amount, accidental benefit is not included in this amount. It was the duty of the appellant to get the insurance policy from the insurance company to compensate the respondent, if the death                 occurred during continuance of the account of any account holder. Therefore, the appellant is liable to pay the accidental benefit to the complainant.  Therefore, the impugned judgment and order passed by the ld. District Consumer Forum requires no interference.

Hence, the appeal is dismissed.

If, any amount, is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned for satisfying the decree, as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this judgment be provided to the parties as per rules.

      (Sudha Upadhyay)                             (Sushil Kumar)    

            Member                                     Presiding Member

Jafri, PA I

Court 2