GAYA RAM DEWANGAN Vs. DAINIK BHASKER

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 26.7.2004 in Complaint No. 78/2004 by Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) dismissing the appellant s complaint.

(2.) THE relevant averments of the complaint stated in brief are that scheme was published by respondent No. 1 Dainik Bhaskar under the caption Bhaskar Uphar Khajana . The complainant in pursuance of the said scheme paid advance subscription of Rs. 200/ - for said daily newspaper from August, 2001 to October, 2001, and as per terms of the said scheme, the complainant s wife Smt. Nilima Dewangan was given a policy No. 47752 by respondent No. 2, for the assured sum of Rs. 50,000/ -. Coverage of risk, as per the terms of the said policy was from 1st September, 2001 to 31st August, 2002. Further averment of the complainant is that while his wife, the insured Smt. Nilima Dewangan was at village Changora Bhata with her brother; she accidentally caught fire and sustained serious burn injuries. She was admitted in Sector IX Bhilai Steel Plant Hospital, where she received treatment till 6.9.2002. Thereafter, she was shifted and admitted in Dr. B.R. Ambedkar Hospital, Raipur for further treatment. However, despite treatment, she succumbed to the injuries on 13.9.2002. The complainant, therefore, laid claim under the policy, for the assured amount. But as the respondent Nos. 2 and 3 did not make payment, the complainant filed the complaint in the District Forum.

(3.) THE complaint was not resisted by the respondent No. 1, Dainik Bhaskar. It was only averred by it that the complainant is entitled to recover the amount under the policy from respondent Nos. 2 and 3.