Case nº Revision Petition No. 2899 Of 2015, (Against the Order dated 13/08/2015 in Appeal No. 334/2011 of the State Commission Bihar) of National Consumer Disputes Redressal Commission, November 23, 2016 (case Union of India Vs Reena Devi)
| Judge | For Appellant: Mr. Ravinder Kumar Sharma, Advocate and For Respondents: Nemo |
| President | Dr. B.C. Gupta,Presiding Member |
| Resolution Date | November 23, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Dr. B.C. Gupta, Presiding Member
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This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 13.08.2015, passed by the Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred to as "the State Commission") in Appeal No. 334/2011, Reena Devi vs. Department of Posts, vide which, while allowing the appeal, the order dated 28.08.2011, passed by the District Consumer Disputes Redressal Forum, Hazipur, in Consumer Complaint No. 15/2010, filed by the complainant/present respondent, dismissing the complaint, was set aside.
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Briefly stated, the facts of the case are that late Ajay Singh, husband of the complainant Reena Devi, obtained a postal life insurance policy from the Department of Posts and deposited the first instalment of premium of Rs. 735/- for which, a receipt was issued. The sum insured under the policy was Rs. 3 lakhs. However, the insured died on 15.09.2009 due to heart attack and thereafter, the complainant approached the post office to get the claim under the policy on 16.12.2009, but her claim was rejected by the OP/petitioner on the ground that the insurance proposal had not been accepted till the date of death of the deceased. The complainant filed the consumer complaint in question, seeking directions to the OPs to pay the sum insured of Rs. 3 lakhs alongwith other benefits and interest @ 12% on the actual amount and also to direct the OPs to pay compensation of Rs. 50,000/- for harassment and mental agony and Rs. 5,000/- as cost of litigation.
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The OP/petitioner contested the complaint by filing a written reply before the District Forum, in which they admitted that the husband of the complainant had deposited an amount of Rs. 735/- as first premium in post office Rasulpur, Pursotham, but the case was sent to the Senior Superintendent of Post Offices for their approval. Since the competent authority had not approved the policy, the claim had been rightly repudiated.
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The District Forum, after taking into account the averments of the parties, dismissed the consumer complaint vide their order dated 28.08.2011, in which they upheld the version given by the Department of Post. Being aggrieved against the said order, the complainant challenged the same by way of an appeal before the State Commission. The State Commission accepted the appeal and gave directions to the OPs to pay 35% of the sum assured i.e. Rs. 1,05,000/- only...
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