SENIOR SUPDT. OF POST OFFICES Vs. SUBHADRA KUMARI

JUDGEMENT

(1.) In this revision petition, there is challenged to order dated 9th July, 2012, passed Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (for Short, 'State Commission') vide which appeal of the petitioners against order dated 30th November, 2010, passed by District Consumer Disputes Redressal Forum, Mandi (for short, 'District Forum') was dismissed.

(2.) Brief facts are that Shri Sanjay Kumar, predecessor-in-interest of the respondents/complainants opened account No. 2079219 on 01-01-2008 with petitioner no. 2. As Special Group Insurance Scheme in the sum of Rs.1,00,000/- was being provided by respondent no.4 Insurance Company to the account holders of the Post Office on request basis, Shri Sanjay Kumar applied under this scheme on 01-01-2008 and also paid the premium. Shri Sanjay Kumar expired on 08-02-2008 in a motor vehicle accident. Then request was made to the petitioners/respondent no.4 to settle the claim but the matter was delayed on one pretext or the other. Finally, respondent no. 4, vide letter dated 15-10-2008 refused to make the payment. Petitioners vide their letter dated 20-10-2008 also denied to settle the claim. Therefore, present complaint was filed by the respondents for ensuring the payment of the insured amount to them.

(3.) Petitioners in their reply took the plea that they are not liable to indemnify the respondents because the insurance had been done by respondent no.4. However, they admitted that Shri Sanjay Kumar opened a saving bank account with them on 01-01-2008 and on the same day he applied for the insurance cover of respondent no.4, which is a Special Group Insurance Scheme for "Post Office Saving Bank Account Holders". Duty of the petitioners was only to deduct Rs.15/- as premium and send the application form and proposal to the respondent no.4. Petitioners had dispatched some papers on 02-02-2008 and remaining on 22-02-2008. Premium was also deducted from the account of deceased Sanjay Kumar on 21-02-2008 which is one day before the dispatch of the consent form to respondent no.4. Therefore, petitioners are not liable at all. The present complaint is not maintainable as per the procedure for accidental death insurance cover for 'Post Office Saving Bank Account Holder'.