POST MASTER Vs. BABU RAO

JUDGEMENT

(1.) This revision petition has been filed by the petitioners/OP against the order dated 19.12.2012 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai, Circuit Bench at Aurangabad (in short, 'the State Commission') in Appeal No. 483/08 The Post Master & Ors. Vs. Shri Baburao & Anr. by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainants/Respondents are the husband and wife. Their son Pralhad obtained Rural Postal Life Insurance Policy for a sum of Rs.1,00,000/- and deposited premium of Rs.380/- on 4.3.2003. Pralhad died on 31.3.2003 and in the said policy, the nominee was his wife Smt. Sangita Pralhad Hambarde. Sangita filed insurance claim with the OPs/petitioners which was repudiated on the ground that policy bond was not issued to deceased Pralhad and there was no any contract. Complainants served notice on the OPs, as claim was not settled. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as there was no existence of any contract at the time of death of Pralhad and as policy bond was not issued to him, Pralhad cannot be deemed to have been insured and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OPs to pay Rs.1,00,000/- along with 9% p.a. interest and further awarded Rs.5,000/- towards mental agony and Rs.1,000/- towards cost of litigation. Appeal filed by the petitioners was dismissed by learned State Commission by the impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the petitioner at admission stage and perused record.