BEBIBAI vs ADHIYAKSHA, SHRI PRAKASH SMRITI SEVA SANSTHAN

THIS appeal has been filed by Smt. Bebibai widow of Mahendra Singh Mandloi, village Balakwada, Tehsil Kasrawad, District Khargone against the order dated 18.2.2000 passed in Case No. 28/98 by the District Consumer Disputes Redressal Forum, West Nimar, Mandleshwar (for short the ''District Forum'').

THE facts of the case in brief are that the respondent Shri Prakash Memorial Charitable Trust, Khargone is a Registered Body having Registration Number 10-11524/96 and Head Office at Khargone. Its objective is to help its members in case of accidental death or in any serious ailments. THE appellant''s husband Mahendra Singh Mandloi who was a Sahayak Samiti Sewak in Tribal Co-operative Society, Bhirawal applied for membership of this Trust on 3.11.1997. Unfortunately, he died on 11.1.1998 i.e. after two months and eight days of getting membership of this Trust. THE appellant who is widow of the deceased Mahendra Singh Mandloi approached the Trust for financial assistance. THE Trust after conducting enquiry found that deceased Mahendra Singh Mandloi was a liquor addict and was a heavy drunker for last 10 years. He was admitted in Mahendra Yashwantrao Hospital, Indore and in Government Hospital at Dhamnod for treatment. His kidney and liver were fully damaged and he was suffering from jaundice when he applied for membership. All these facts were suppressed by the deceased Mahendra Singh Mandloi. THErefore, as per Rule 8 of the Jeewan Prakash Kutumb Ashraya Scheme, he was not entitled for becoming a member and for any help from the Trust, therefore, the Trust rejected the application of the appellant. THE appellant approached the District Forum alleging that the Trust has been deficient in not adhering to the terms and conditions of the bye-laws of the Trust and sought redressal from the District Forum. THE District Forum after appreciation of evidence adduced by the parties rejected the claim of the complainant. Hence, this appeal. In this case, the only point to be examined is whether the respondents have committed any deficiency in service by not paying any assistance to the appellant.

We have gone through the evidence and the documents adduced by both the parties. The respondent which is a Charitable Trust has stated that the object of the Trust is a charitable one and the Trust is helping those members who met with an accident or due to accident become physically handicapped or in emergency they need monetary help for treatment of serious ailment. The appellant''s husband Mahendra Singh Mandloi was a heavy drunker of liquor for the last 10 years. He was so much liquor addict that his kidney and liver were fully damaged. He was also admitted for treatment in Government Hospital at Dhamnod and when he was seriously ill, got admitted in Maharaja Yashwantrao Hospital, Indore. The fact that he was liquor addict and was on leave on health ground has been corroborated by the General Manager of that Co-operative Bank. He was on leave for the treatment of liver from 20.2.1995 to 20.3.1995. Again, he was on leave w.e.f. 30.9.1997 to 21.12.1997. A perusal of record reveals that during this period, he applied for membership of the respondent Trust on 3.11.1997. In the application form against the column for giving details about any serious disease and/or any operation etc., the deceased Mahendra Singh nandloi wrote "NIL". This means that he suppressed the fact of his sickness as well as the fact that when he applied for membership, he was under treatment. The District Forum has examined this point and has categorically mentioned that after obtaining membership on 3.11.1997, he died on 11.1.1998 i.e. within a period of two months and eight days of getting membership of the Trust. This shows that the deceased was seriously ill. These facts came in the notice of the Trust during the enquiry conducted by the Trust and was found correct that the deceased was a liquor addict and his kidney and liver were fully damaged at the time of taking membership. The deceased suppressed this vital information at the time of application. Therefore, his membership was not valid and as per bye-laws his membership was automatically seized. The Trust has rightly rejected the application of the appellant. Therefore, there is no deficiency in service on the part of the respondent Trust. The District Forum has rightly analysed the case and has rightly dismissed the complaint.

WE do not find any illegality or perversity in the order passed by the District Forum. Therefore, we dismiss this appeal with no order as to costs. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with record of the case. Appeal dismissed.