SUPERINTENDENT OF POST OFFICER Vs. SURENDRA PANDEY

JUDGEMENT

(1.) This revision petition has been filed against the impugned order dated 18.08.2015, passed by the Bihar State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in FA No. 296/2011, "Superintendent of Post Offices vs. Surendra Pandey", vide which the State Commission dismissed the appeal, against the order dated 10.05.2011, passed by the District Forum Samastipur, allowing the consumer complaint in question, but reduced the interest awarded by the District Forum from 12% p.a. to 8% p.a.

(2.) Briefly stated, the facts of the case are that Smt. Nutan Devi w/o complainant Surendra Pandey had taken a postal insurance policy for Rs. 50,000/- and deposited Rs. 1,128/- as premium with the petitioner/OP on 05.03.2008 for the policy No. A 357579. It has been stated that the petitioner issued pass book and policy bond on 23.12.2008, whereas the life assured had already died on 05.10.2008. The complainant filed the consumer complaint in question, saying that the OP had refused to entertain his claim, despite issuing of a legal notice. The complainant sought directions to the OP to pay the sum insured of Rs. 50,000/- and a sum of Rs. 20,000/- for compensation for mental harassment.

(3.) The complaint was resisted by the petitioner/OP by filing a written statement before the District Forum, in which they stated that the complaint was barred by limitation u/s 24(A) of the Consumer Protection Act, 1986. The OP admitted that a sum of Rs. 1,128/- had been received by them as premium, vide receipt No. 15 dated 05.03.2008 for the said policy, but the premium had been accepted by them provisionally, subject to the approval of the proposal by the Chief Post Master General. Since the policy holder Nutan Devi died on 05.10.2008 before the acceptance of the Policy, the complainant was not entitled to get the death claim; hence the complaint deserved to be dismissed.