SAHARA INDIA LIMITED Vs. MRITUNJAY NATH TRIPATHI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 20.8.1992 passed by District Consumer Forum, Deoria in Complaint Case No.135/1992.

(2.) The facts of the case stated in brief are that the complainant's mother died on 28.10.1988. She was the subscriber of Golden Scheme having Account No.22561 with Sahara India. According to the Golden Scheme rules the age of the subscriber should be 45 years but should not be more than 50 years. She had deposited a sum of Rs.2,500/- and the National Savings Certificate was to be taken which was done by the complainant's mother. According to the terms if a sum of Rs.2,500/- was not deposited in one lumpsum then the same was to be deposited in eight monthly instalments. The complainant's mother deposited the entire amount through the agent of Sahara India. It was also provided under the rules that if the account holder of the scheme died, then the amount of Rs.5,000/- will be given as a death help. The nominee of the complainant's mother was the complainant. The complainant informed the local branch of the appellant and also produced all the papers. He was told that the Surveyor will visit the place for enquiry. When the Surveyor did not come for a period of six months, the complainant again contacted the appellant but even then no Surveyor went there for about 10 months. The last reminder was issued to the Branch Manager of the appellant but nothing has been done. The complainant has filed the complaint for recovery of Rs.50,000/- alongwith interest at the rate of 36% per annum from 24.10.1988 till the date of payment.

(3.) The opposite party in its written version has alleged that there is an agreement between the parties that if any dispute arises between them then an Arbitrator is to be appointed. No other averments were made by the appellant in their written statement.