Post Master General, Rajasthan, Southern Region, Ajmer vs SATYANARAYAN

THIS revision petition has been filed by the petitioners against the order dated 1.11.2011 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ''the State Commission '') in Appeal No. 106/2010 -Unionof India Vs. Satyanarayan by which, while allowing appeal partly, order of District Forum allowing complaint fully was modified and Rs.25,000/ - were granted to complainant.

BRIEF facts of the case are that wife of the complainant/respondent took insurance policy of Rs.1,00,000/ - under Rural Postal Life Insurance Scheme from OP/petitioner. After depositing premium of Rs.465/ - on 11.8.2006 policy was issued on 22.9.2006, but wife of complainant died on 18.8.2006. Complainant submitted claim to OP, which was repudiated by OP. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that temporary premium of Rs.465/ - was paid by the deceased and as insurance was accepted on 22.9.2006, no claim was admissible and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,00,000/ - to complainant. Appeal filed by OP was partly allowed by learned State Commission vide impugned order and directed OP to pay Rs.25,000/ - to complainant against which, this revision petition has been filed.

HEARD learned Counsel for the parties and perused record. Learned State Commission rightly observed that interpretation of District forum cannot be accepted and terms and conditions of policy could be effective only on the date of acceptance of the proposal. As proposal was accepted on 22.9.2006 and insured had already died on 18.8.2006, there was no concluding contract between the parties at the time of death and complainant was not entitled to get any benefit under the policy. Learned State Commission rightly allowed appeal and complainant has not preferred any revision petition against the impugned order and in such circumstances, complainant was not entitled to get any relief in the complaint.

LEANED State Commission allowed Rs.25,000/ - on human considerations on the ground that scheme was floated for the benefit of poor villagers. On human consideration, no amount can be awarded to the complainant as there was no concluded contract between the parties at the time of death of alleged insured and learned State Commission has committed error in allowing payment of Rs.25,000/ -.

COMPLAINAN T is certainly entitled to get refund of Rs.465/ - which was deposited as premium because no policy came into force in pursuance to this premium.

CONSEQUENT LY , revision petition filed by the petitioner is partly allowed and order dated 1.11.2011 passed by learned State Commission in Appeal No. 106 of 2010 - Union of India Vs. Satyanarayan is partly modified and order of making payment of Rs.25,000/ - as lump -sum is set aside, but petitioner is directed to refund premium of Rs.465/ - along with 12% p.a. interest from the date of deposit till date of refund to the respondent with no order as to costs.