Case nº Revision Petition No. 671 of 2015 of National Consumer Disputes Redressal Commission, February 09, 2016 (case 1. Barjinder Kumar & Anr., 2. Sanjeev Kumar, S/O Shri Baldev Krishan Vs 1. BSNL & Anr., 2. Cholamandlam, M.S General Insurance Co Ltd.)
| Judge | For the Appellant:Ms. Garima Jain, Amicus Curiae And For the Respondent: For the Respondent No. 1: Mr. Rajat Arora, Advocate with Mr. Jaypreet Singh, Advocate For the Respondent No. 2: Mr. N. K. Chauhan, Advocate |
| President | Mr. J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member |
| Resolution Date | February 09, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
J. M. Malik, Presiding Member (Oral)
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The principal question which falls for consideration is whether the scheme in question floated by the OPs also covers the subscriber under H. P. Government Plan? Learned counsel for the parties present. Arguments heard.
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Shri Baldev Krishan had a post-paid mobile connection sanctioned by BSNL under HP Government Plan. The present complaint was filed by Shri Barjinder Kumar and Shri Sanjeev Kumar sons of Shri Baldev Krishan. It was the policy of the BSNL that every subscriber under BSNL would avail post-paid mobile phone service with insurance to be given by Cholamandalam, MS General Insurance Co. Ltd., in the sum of Rs.50,000/-. The said amount was to be paid in the event of any subscriber/consumer''s death due to some accident. Unfortunately, Shri Baldev Krishan passed away on 25.9.2009 in a road accident. The intimation of death was given to the SDO, BSNL, Paonta Sahib on 21.10.2009. The claim was filed with Cholamandalam, MS General
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Insurance Co. Ltd. It was repudiated on the ground that the information was not given within 60 days.
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The present complaint was contested by BSNL as well as Cholamandalam, MS General Insurance Co. Ltd. before the District Forum.
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The District Forum allowed the complaint and the opposite parties were directed to pay the claim amount of Rs.50,000/- to the complainants with interest @9% per annum from the date of filing the complaint i.e. 8.9.2010 till realization. The opposite parties were further directed to pay damages for mental harassment including litigation expenses of Rs.25,000/- each jointly and severally.
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Aggrieved by this, BSNL filed first appeal before the State Commission. The State Commission accepted the appeal and dismissed the complaint.
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We have heard the learned counsel for the parties.
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Learned counsel for the petitioners/complainants has started reading the grounds of appeal but the same were not in her favour. They are just repeating the order passed by the District Forum. On the other hand, the defence of the respondents/opposite parties is that this policy is not applicable to the complainants because Shri Baldev
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Krishan, father of complainants, is a government servant. The above said condition of the insurance policy applies only to...
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