SAHARA INDIA PARIWAR Vs. SURENDRA KUMAR
LAWS(NCD)-2020-7-13
NCDRC
Decided on July 21,2020

SAHARA INDIA PARIWAR Appellant
VERSUS
SURENDRA KUMAR Respondents


Referred Judgements :-

SAHARA INDIA PARIWAR VS. PAWAN KUMAR JAIN [REFERRED TO]


JUDGEMENT

V.K.JAIN (ORAL), J. - (1.) Smt. Savitri Devi, mother of the complainant, purchased a bond of scheme 010- option 2. The complainant was her nominee in respect of the said scheme. Shrimati Savitri Devi died on 06.04.2004. The complainant applied for grant of the death assistance payable to him under the scheme. The said death assistance having not been provided to him, he approached the concerned District Forum by way of a consumer complaint filed on 04.11.2006. The amount of the bond, however, was paid to the complainant.
(2.) The complaint was resisted by the petitioner which admitted the investment made by Shrimati Savitri Devi and took a preliminary objection that the complaint was barred by limitation. On merits, it was inter alia, stated in the written version that the bond amount was paid to the complainant in full satisfaction accepted by him. It was inter alia stated in the written version that the complainant had failed to prove that the bond holder was not suffering from any fatal/incurable disease within three years before purchasing the bond and, therefore, death assistance could not be provided.
(3.) District Forum vide its order dated 22.03.2007 directed as under:- "5. We have carefully gone through the entire facts and circumstances of the case and do find that this is fit case for the complainant to get the death help as provided by the terms and conditions of the schemes lodged by the O.P. Accordingly the O.P is directed to pay face value of the bond i.e. 1,000/- per month from the death i.e. 6-4-2002 in a lumpsum for accumulated period and further to pay monthly of Rs. 1,000/- for the total period of 10 years to the complainant he will also pay Rs. 2,000/- by way of compensation for harassment and cost of litigation within a month of the date of order.";


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