NCDRC

NCDRC

RP/3398/2006

SHEO NARAYAN JAISWAL - Complainant(s)

Versus

SAHARA INDIA LTD. AND ORS. - Opp.Party(s)

MR. ARVIND NAYAR (AMICUS CURIAE)

14 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3398 OF 2006
 
(Against the Order dated 15/09/2006 in Appeal No. 2235/1998 of the State Commission Rajasthan)
1. SHEO NARAYAN JAISWAL
S/O. SRI , RATAN LAL JAISWAL A
RESIDENT , OF MAIN ROAD , CHATRA P.O. -P.S . CHAT
CHATRA JHAKHGAND
...........Petitioner(s)
Versus 
1. SAHARA INDIA LTD. AND ORS.
MANAGING DIRECTOR SAHARA INDIA LIMITED
LUCKONOW
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Zeyant Haq for Mr. Arvind Nayar, Advocate
For the Respondent :
Mr. Sudarshan Rajan, Advocate

Dated : 14 Nov 2011
ORDER

Yashoda Devi, mother of the petitioner/complainant became member of Golden Key Account by furnishing the form with the requisite amount of Rs.2,500/- on 30.01.1990.  In the form it was specifically mentioned that her age was 48 years.  Respondent did not give the ‘Death Help’ to the petitioner/complainant in terms of Clause 13 of the Scheme.  Clause 13 of the Scheme reads as under:

  13.    Death Help

            In the event of death of any account holder the nominee of that account holder shall be eligible to take

 

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death loan either Rs.50,000/- lump sum of Rs.1200/- per month for sixty months from the company against personal guarantee to the satisfaction of the company.  The death should not occur due to suicide or death punishment by court of Law.  The privilege of the death loan shall be given to nominees of only those account holders who are only between 10-50 years of age at the time of joining the account and have not suffered from any Chronic/Fatal disease within three years at the time of becoming account holder.

            In case the nominee is minor at the time of accepting loan then in that case Company will pay Loan @ Rs.1200/- per month for sixty months.

            The loan will be interest free and shall be repaid within 15 years but repayment need not start within 5 years after taking the loan (At the time of becoming the account holder he/she should give choice about his/her Account is to be enrolled in either type of benefits).  The Account shall be transferred in the name of the nominee without break for draw purpose and the N.S.C. amount will be transferred through Post Office as per the Government Rules in favour of nominee.”

          Claim filed by the petitioner was repudiated on the ground that on the date of death, Yashoda Devi’s age was 58 years.  For arriving

 

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at this conclusion, respondent relied upon the Votors list prepared in the year 1995 wherein the age of deceased was mentioned to be           63 years.

          Petitioner being aggrieved filed the complaint before the District Forum which was allowed.

          Aggrieved by the order passed by the District Forum, respondent filed the appeal before the State Commission which was dismissed.

          Still not satisfied, respondent filed Revision Petition 1657/2002 in this Commission which was dismissed on 22.02.2005 with costs which were assessed at Rs.2,500/-. 

          Judgment of this Commission attained finality. 

Petitioner filed execution application before the District Forum.

As per Clause 13 of the Scheme, respondent was required to extend interest free loan of Rs.50,000/- which was to be repaid within 15 years but repayment need not start within 5 years after taking the loan.  Before the Executing Court, respondent stated that the respondent was prepared to extend the loan subject to

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petitioner/complainant’s either furnishing 120 post dated cheques of Rs.416/- each or 10 post dated cheques of Rs.5,000/- each in favour of the respondent on receipt of Rs.50,000/- as ‘Death ‘Help’ loan from Sahara India.  District Forum – the executing court – allowed the execution appliction and directed the petitioner to either furnish              120 post dated cheques of Rs.416/- each or 10 post dated cheques of Rs.5,000/- each. 

Petitioner being aggrieved filed the appeal before the State Commission which has been dismissed by the impugned order.

We agree with the view taken by the fora below that as per Scheme petitioner was required to pay interest free loan of Rs.50,000/- in 10 years without any interest either in monthly installments of Rs.416/- or yearly installments of Rs.5,000/- in                  10 years.  Respondent is prepared to extend interest free loan and in order to safeguard the interest of the respondent, petitioner has been given options to either repay the loan in 120 installments of Rs.416/- or yearly installments of Rs.5,000/- in 10 years.  Order of the fora below is in accordance with the Scheme.  No interference is


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called for.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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