UTTARAKHAND POLICE Vs. LAXMAN SINGH CHAUHAN

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 15.12.2012 passed by the District Forum, Dehradun in consumer complaint No. 170 of 2010, whereby the District Forum has allowed the consumer complaint against the appellant -opposite party No. 2 and directed it to pay sum of Rs. 6,93,570 to the respondent No. 1 -complainant towards the amount of the insurance policy purchased by late Sh. Viresh Kumar, within a period of one month from the date of the order and also to pay Rs. 25,000 towards mental agony and Rs. 10,000 towards litigation expenses. It was also directed that in case the award amount is not paid by the appellant within the stipulated period, then the complainant shall be entitled to interest on the above amount @ 9% p.a. from the date of filing of the consumer complaint till payment. The consumer complaint was, however, dismissed against the respondent No. 2 - opposite party No. 1 (Insurance Company). Briefly stated, the facts of the case as mentioned in the consumer complaint, are that Sh. Viresh Kumar, the deceased son of the complainant -Sh. Laxman Singh Chauhan, was employed with the appellant - Uttarakhand Police as Constable. The deceased, like the other employees of the Uttarakhand Police, had got himself insured through his employer from the opposite party No. 1 -Max New York Life Insurance Company limited and as per the Circular issued by the Uttarakhand Police, the amount of premium was used to be deducted from the salary of the employee concerned and to be remitted directly to the Insurance Company. From September, 2009, till the death of the life assured on 22.12.2009, the amount of premium was deducted from his salary. As per the insurance policy, in the event of accidental death of the life assured, sum of Rs. 6,93,570 was to be paid to the nominee. The complainant lodged the claim for the insurance amount with the Insurance Company, but the claim was not settled. Alleging deficiency in service on the part of the opposite parties, the complainant filed a consumer complaint before the District Forum, Dehradun.

(2.) THE appellant filed written statement before the District Forum and pleaded that only 32 employees had purchased the insurance policy from the opposite party No. 1; that the insured person had requested to the department that the amount of premium be deducted from their salary and be remitted to the Insurance Company; that in the month of August, 2009, the salary of the deceased Sh. Viresh Kumar was stopped on account of absence from office and, as such, the amount of premium was not deducted from his salary; that thereafter the deceased had informed that the amount of premium should not be deducted from his salary and he himself will deposit the premium amount; that since the amount of premium was not deducted from the salary of the deceased and hence the same was not remitted to the Insurance Company; that in case the amount of insurance has not been paid on account of the policy having lapsed, they cannot be blamed for the same and that there is no deficiency in their service.

(3.) THE District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 15.12.2012 against the appellant in the above manner. Aggrieved by the said order, the appellant has filed this appeal.