- (1.) THIS appeal is directed against order dated 22/08/2009 of District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called as "District Forum" for short), in Complaint Case No.11 /2009, whereby the complaint of the appellant herein, alleging deficiency in service, in not paying the "death help" to his Son and Daughter -in -law, who were insured by the respondent Company, has been dismissed.
(2.) THE facts of the case are that, Son of the appellant Sanjay Jain, on 31.07.2003 opened four accounts with the respondent Company. Out of the four accounts, two were in his name and another two accounts were opened in name of his wife. In every account, he was required to deposit Rs. 500/ per month for 48 months. Two accounts were standing in the name of Sanjay Jain and another two accounts, were standing in name of his wife Smt. Sarika Jain. Wife Smt. Sarika Jain, was nominated as nominee in accounts of her husband Sanjay Jain and husband Sanjay Jain was nominated as nominee in the accounts of his wife Smt. Sarika Jain. As per terms agreed between the parties, in case of death, the nominee was entitled for "death help" of Rs. 1,20,000/ -. As per case of tye appellant herein, his Son and Daughter -in -law, both died in a road accident on 21.09.2006 and being Sole Legal Representative of both those account holders, he preferred a claim for grant of "death help" on behalf of both the account holders, and when his prayer was not allowed, then he filed a consumer complaint before the District Forum.
(3.) IN reply of the complaint, the respondents have averred that as per terms of the agreement, respondents were entitled for appointment of Sole Arbitrator. Such Sole Arbitrator was appointed, who had already disallowed the claim of the appellant herein, on the ground that "death help" is not payable to the Legal Representative and is only payable to the nominee. Learned District Forum, after having considered the terms of the agreement, and the material placed before it, agreed with the defence and observed that as per principle of res -judicata, the complaint of the appellant herein, is not maintainable, as the question was already adjudicated and decided by a Sole Arbitrator.;