SAHARA INDIA REP. BY THE BRANCH MANAGER Vs. ALAPATI SUBBA RAO

JUDGEMENT

(1.) The two appeals have been filed by the opposite parties who are the same opposite parties in both the complaints C.C.No.46 of 2006 and C.C.No.96 of 2007 and the cause of action is the same for filing of both the complaints. Hence, it is proposed to dispose of the two appeals by way of a common order.

(2.) The facts of the case as represented by the complainant are that his father during his life time joined Golden 7 Scheme offered by the opposite parties and opened on 8.7.1995 an account bearing No.18295000050 and another account bearing No.18295003741 on 31.8.1996. The father of the complainant paid a sum of Rs.12,300/- at the rate of Rs.300/- per month under the first mentioned account and an amount of Rs.4,200/- @ Rs.150/- per month in respect of the second account. The complainants father appointed him as his nominee for the benefits conferred under the two accounts. The complainants father died on 25.5.1999 and after the death of his father the complainant claimed an amount of Rs.43,200/- besides the amount paid by his father, Rs.12,300/- plus Rs.4,200/- under the two accounts. The signature of the complainants father was obtained by the opposite parties on blank papers which included the age, date of birth and all the other particulars were later filled up by the official of the opposite parties. The opposite parties paid an mount of Rs.16,500/- on 6.9.2000 which was deposited by his father and the opposite parties failed to pay any interest accrued on the amount. The opposite parties had also not paid the amount payable under Death Health Scheme. The opposite parties issued letter dated 18.11.2004 informing the complainant that there was discrepancy in counterfoil and birth certificate. The complainant replied that he had furnished the particulars of date of birth of his father as was provided by the LIC of India. The opposite parties are estopped from taking the plea of discrepancy in regard to the age as they had already paid amount of Rs.16,500/- to the complainant. Failure of the opposite parties to pay the Death Help Benefit to the complainant, according to the complainant amounts to deficiency in service on the part of the opposite parties. Hence, prayed for a direction for payment of rs.43,000/- with interest.

(3.) The opposite parties resisted the claim contending that the consumer forum has no jurisdiction to adjudicate upon the dispute in view of the arbitration clause specified as a term in the scheme and agreed upon by the father of the complainant at the time of signing the agreement.