National Consumer Disputes Redressal
Superintendent Of Post Officer & Anr. vs Sweta & Ors. on 31 July, 2018
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3331 OF 2017 (Against the Order dated 05/06/2017 in Appeal No. 502/2010 of the State Commission Bihar) 1. SUPERINTENDENT OF POST OFFICER & ANR. SAMASTIPUR DIVISION, SAMASTIPUR BIHAR 2. THE POSTMASTER, HEAD POST OFFICE, SAMASTIPUR BIHAR ...........Petitioner(s) Versus 1. SWETA & ORS. W/O LATE VIKAS SINGH, C/O VHANDRA BHUSHAN, AGRAWAL TAJPUR ROAD,DHARAMPUR SAMASTIPUR BIHAR 2. THE REGIONAL MANAGER, THE ORIENTAL INSURANCE CO.LTD. PIRMOHANI, RAJENDRA PATH, PATNA BIHAR 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD. KACHHARI ROAD,BEGUSARAI, P.O BEGUSARAI DISTRICT : BEGUSARAI - 851101 BIHAR ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Petitioner : Mr. Bharat Swaroop Sharma, Advocate For the Respondent :
Dated : 31 Jul 2018 ORDER We have heard the Learned Counsel for the Petitioners and perused the impugned order dated 05.06.2017, passed by the Bihar State Consumer Disputes Redressal Commission (for short "the State Commission") in Appeal No. 502 of 2010. By the impugned order, the State Commission has partly allowed the Appeal, preferred by the Petitioners herein, against the order dated 19.08.2010, passed by the District Consumer Disputes Redressal Forum, Samastipur (for short "the District Forum") in Complaint Case No. 96 of 2009. By the said order, while allowing the Complaint, preferred by Respondent No.1/Complainant, the District Forum had directed the Petitioners to pay to the Complainant a sum of ₹1,00,000/- as death claim with interest prescribed by the Post Office from 05.06.2008 as also ₹10,000/- towards treatment expenditure, ₹10,000/- as compensation for harassment and mental agony, and ₹1,500/- as litigation costs. By the impugned order, while maintaining the directions as regards payment of death claim, compensation and litigation costs, the State Commission has set aside the direction for payment of treatment expenses.
Admittedly, the S.B. account in the Post Office, having insurance cover of ₹1,00,000/- in the case of accidental death, was opened in the joint names of the Complainant and her deceased husband. On 18.09.2007 a sum of ₹30/-, at the rate of ₹15/- per person, was deducted from the said account as insurance premium but only a sum of ₹15/- was deposited with the Insurance Company. Due to the said mistake of the Post Office, the death claim, made by the Complainant on the death of her husband, was not paid. Though the Post Office had deducted a sum of ₹30/- from the aforesaid joint account, it is not understandable as to why the Post Office did not remit the entire amount to the Insurance Company as the insurance premium, disentitling the Complainant from receiving the claim amount from the Insurance Company.
In view of the above, we do not find any good ground to interfere with the impugned order.
Resultantly, the Revision Petition fails and is dismissed accordingly.
......................J R.K. AGRAWAL PRESIDENT ...................... M. SHREESHA MEMBER