(1.) This Revision Petition No. 2761 of 2015 challenges the impugned order of Bihar State Consumer Disputes Redressal Commission, Patna ('the State Commission') dtd. 18/9/2015. Vide this order, the State Commission had dismissed Appeal No.524 of 2009 and affirmed the order of the District Consumer Disputes Redressal Forum, Siwan ('the District Forum') dtd. 5/11/2009.
(2.) Briefly, the case of the Respondent No.1/Complainant is that she deposited Rs.875.00 and Rs.l60/- to the Petitioner for opening Postal Life Insurance Scheme but it was not started. Being aggrieved, she filed a complaint before the District Forum.
(3.) The Petitioner could not appear as no notice was served to him. Hence, ex-party order was passed against the Petitioner. However, the Respondents No. 2 and 3 appeared and contested the case stating that the complaint is not maintainable due to non-joinder of necessary party and the complainant is not a 'Consumer' under Consumer Protection Act, 1986. The learned District Forum, vide Order dtd. 5/11/2009, directed the Petitioner/OP1 and Respondent No.3/OP3 to pay compensation of Rs.50,000.00 to the Complainant with litigation cost of Rs.1000.00 within two months otherwise 15% interest will be payable. As the main responsibility lies on the Petitioner/OP1 to compensate the Complainant as he did not deposit the collected amount in the Department for which the policy was not issued. Thus, it was ordered that the Respondents No.2&3/OP2&3 may recover the ordered amount from the Petitioner/ OP1 and pay the ordered amount to the Complainant in case the same is not paid within the period of two months.