S K ARSHAD Vs. DIRECTOR, SAHARA INDIA PARIWAR

JUDGEMENT

(1.) THE main question which swirls around the present controversy is, "whether, at the time of death of late Sh. Md. Habib, he was aged about 62 years or less than 60 years -. One of the conditions enshrined in clause (a) of the terms and conditions is that the nominees of the Bond Holder shall be entitled for death help facility, subject to the condition that the age of deceased Bond Holder was between 16 and 60 years', at the time of death.

(2.) SAHARA India Pariwar, OP 1 and its functionaries, Regional Director and Branch Manager, OPs 2 and 3, respectively, used to collect money from its Branch Offices, from the public against its different Schemes with an assurance that it will provide financial benefits to the purchasers or their nominees / Legal Heirs, in the event of death of the purchaser. Lt. Sh. Md. Habib used to invest a sum of Rs.5,000/ - under Claim No.S -10, w.e.f. 31.08.1998.

(3.) UNFORTUNATELY , Md. Habib, passed away, on 01.03.2002, leaving behind the aforesaid complainants/petitioners. The complainants/ petitioners filed claim which was repudiated by the OPs. The District Forum allowed the complaint. However, the State Commission, accepted the appeal of the OPs and dismissed the complaint.