SUPERINTENDENT OF POST OFFICE Vs. SANDHYA DAS

JUDGEMENT

(1.) This Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Superintendent of Post Office, Asansol Division, Burdwan, West Bengal, against order dated 19.03.2014 passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short "the State Commission") in Appeal No. 1103 of 2013. By the impugned order, the State Commission has dismissed the said Appeal, preferred by the Petitioner herein, on the ground of limitation, thereby upholding order dated 25.04.2013 passed by the District Consumer Disputes Redressal Forum, Burdwan (for short "the District Forum") in D.F. Case No. 53 of 2010, preferred by the son of the Respondent herein. The District Forum, while negating the contention of the Petitioner that the life insurance claim, pursuant to death of the Insured, i.e. the father of the Complainant and Husband of the Respondent, was rightly repudiated since the Insured had died before expiry of 30 days from the date of the policy, had allowed the complaint and directed the Petitioner to pay to the Complainant a sum of Rs.2,00,000/- along with interest @ 9% per annum from 23.06.2009, i.e. the date of lodging the claim, after deducting the first premium amount of Rs.4463/- paid to the Respondent. Besides, the Petitioner was also directed to pay Rs.5000/- as litigation costs.

(2.) Being aggrieved with the order passed by the District Forum, the Petitioner filed Appeal before the State Commission, however, with a delay of 163 days. As noted above, the State Commission has dismissed the Appeal on the ground of limitation. Hence, the present Revision Petition.

(3.) We have heard learned counsel for the Petitioner on the question of delay.