UNION OF INDIA Vs. REENA DEVI

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 13.08.2015, passed by the Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred to as "the State Commission") in Appeal No. 334/2011, Reena Devi vs. Department of Posts, vide which, while allowing the appeal, the order dated 28.08.2011, passed by the District Consumer Disputes Redressal Forum, Hazipur, in Consumer Complaint No. 15/2010, filed by the complainant/present respondent, dismissing the complaint, was set aside.

(2.) Briefly stated, the facts of the case are that late Ajay Singh, husband of the complainant Reena Devi, obtained a postal life insurance policy from the Department of Posts and deposited the first instalment of premium of Rs. 735/- for which, a receipt was issued. The sum insured under the policy was Rs. 3 lakhs. However, the insured died on 15.09.2009 due to heart attack and thereafter, the complainant approached the post office to get the claim under the policy on 16.12.2009, but her claim was rejected by the OP/petitioner on the ground that the insurance proposal had not been accepted till the date of death of the deceased. The complainant filed the consumer complaint in question, seeking directions to the OPs to pay the sum insured of Rs. 3 lakhs alongwith other benefits and interest @ 12% on the actual amount and also to direct the OPs to pay compensation of Rs. 50,000/- for harassment and mental agony and Rs. 5,000/- as cost of litigation.

(3.) The OP/petitioner contested the complaint by filing a written reply before the District Forum, in which they admitted that the husband of the complainant had deposited an amount of Rs. 735/- as first premium in post office Rasulpur, Pursotham, but the case was sent to the Senior Superintendent of Post Offices for their approval. Since the competent authority had not approved the policy, the claim had been rightly repudiated.