UNION OF INDIA Vs. CHANCHALA KUMARI

JUDGEMENT

(1.) Revision Petition no. 1677 of 2016 has been filed has against the judgment dated 30.09.2015 of the Bihar State Consumer Disputes Redressal Commission, Patna, ('the State Commission') in First Appeal no. 591 of 2010.

(2.) The facts of the case as per the respondent/ complainant are that the respondent had taken an Insurance Policy 'Gram Santosh' of Gram Jeevan Bima Policy' and the first yearly instalment was deposited on 22.09.2004 for which the Post Master Baheri, Post Office issued receipt no. 276 dated 22.09.2004. In the said policy the applicant was made the nominee being the wife. Thereafter due to serious injury in the head of the husband of the applicant - Manoj Kumar, he unfortunately died. After the death of respondent's husband, the respondent in the capacity of nominee filed her claim before the petitioner no. 4/ opposite party no. 4 along with all the relevant documents so that the respondent may get all the benefits but the aforesaid petitioner no. 3/ OP no. 3 gave Memo No. RPLI 05-06 dated DB 17.08.2005 and informed the respondent that the claim had been rejected by the petitioner no.2 / OP no. 2 and ordered that the amount of Rs.5910/- deposited by her husband may be returned. The ground given was that the proposal was accepted after the death of Manoj Kumar. The respondent again reiterated that the proposal of Santosh Kumar was filed on 15.09.2004 the proposal of the husband of the respondent was accepted after 90 days on 20.12.2004. After rejection of the claim, the respondent visited the petitioner no. 3 and 4 many times but to no avail. It was informed that as per their rules the insurance was only effective from the date of acceptance and not from the date of payment of premium. Hence, petitioner nos. 2 to 4 had rejected the claim of the respondent and ordered return of the instalment amount of Rs.5910/-. It was alleged that in this manner the petitioner had committed deficiency in service. The respondent then had a legal notice dated 01.10.2005 issued through her advocate, which was not replied to by the petitioners. Aggrieved with the conduct of the petitioners the respondent filed the complaint with the prayer that the petitioners be directed to pay Rs.10,000/- of the insurance amount with interest @ 18% per annum from the date of death of deceased along with Rs.50,000/- for mental agony and for legal expenses of Rs.5,000/-.

(3.) The petitioners/ opposite parties have also submitted their written statement mentioning therein that the respondent has no cause of action. She was not entitled for the insurance. The proposal made by the husband of the respondent under the provisions of RPLI required a medical examination. The proposer has to appear for the medical examination and the same was fixed for 13.10.2004. The proposal was thereafter accepted on 20.12.2004 but the husband of the respondent meanwhile died on 30.11.2004, and therefore, his claim was rejected because there was no valid contract and the amount of Rs.5910/- which was deposited as the first premium was returned to the respondent.