PRAVAR ADHIKSHAK, POST OFFICE Vs. DHAN BAI

JUDGEMENT

(1.) THIS appeal under Section 15 of Consumer Protection Act, 1986 is directed against the order dated 7.6.2008 passed in complaint No. 413/07 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the "District Forum" for short) whereby the claim of the complainant was allowed.

(2.) FACTS in brief are that the complainant s son Toran Ram had obtained membership under Gramin Dak Jeevan Bima Yojana on 15.6.2006 and had paid premium of Rs. 3,175. Subsequently, on 2.2.2007 Toran Ram died. Till that time the policy was not issued in favour of Toran Ram. As per averments of the complaint when the complainant came to know that her son had nominated her for the purpose of insurance she got the OPs informed vide letter dated 5.4.2007 that her son has expired and she was the nominee. The policy and pass book were not sent. Despite the aforesaid letter neither the policy was sent nor the amount was paid. Hence the complaint was filed before the District Forum.

(3.) OPS averred in their joint written version that the son of the complainant had paid sum of Rs. 3,175 towards premium which was to be considered as interim premium till the proposal was accepted by the OPs. It was further averred that by paying first premium the person is not entitled to get benefit under the scheme. It was specifically mentioned at the back of the premium receipt that after obtaining consent of Chief Post Master the interim premium would be accepted. Since the proposer had died prior to acceptance of the proposal, OPs were not liable. There was no deficiency in service on part of the OPs. It was averred in the written version that in reply to the notice it was clearly mentioned that the proposal filed by the deceased was not proper and there were blanks in the medical examination form. The signatures of the proposer were also not proper in the medical examination form. In the circumstances, it was prayed that the complaint may be dismissed subject to payment of Rs. 10,000 towars compensatory cost.