NCDRC

NCDRC

RP/2114/2009

SITA BAI NAYAK - Complainant(s)

Versus

BRANCH POST MASTER & ORS. - Opp.Party(s)

MR. RAJESH KUMAR BHAWNANI

27 Jul 2009

ORDER

Date of Filing: 16 Jun 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2114/2009
(Against the Order dated 31/01/2009 in Appeal No. 33/2009 of the State Commission Chhattisgarh)
1. SITA BAI NAYAKR/o. Samhar Vaiya Bagbahara Mahasamund C.G ...........Appellant(s)

Vs.
1. BRANCH POST MASTER & ORS.Branch Post Master . Vaiya Bagbahara Mahasamund C.G. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. RAJESH KUMAR BHAWNANI
For the Respondent :NEMO

Dated : 27 Jul 2009
ORDER

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Delay of 43 days is condoned.

          Complainant has filed the present revision petition.

          Briefly stated, the facts of the case are that the deceased Kumar Vidya Nayak had taken Rural Life Insurance and the petitioner being his mother was the Nominee.  According to the petitioner, premium had been paid, but before issuance of the policy, Kumar Vidya Nayak died on 08.8.2007.  Petitioner submitted her claim with

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the insurance company which was repudiated on the ground that the proposal form had not been accepted and no binding contract had come into force.  Aggrieved by this, a complaint was filed by the complainant before the District Forum.

          District Forum vide its order dated 26.12.2008 dismissed the complaint, aggrieved against which the petitioner filed an appeal before the State Commission which has been dismissed.

          We agree with the view taken by the foras below.  Kumar Vidya Vinayak died before the issuance of the policy.  Contract had not been completed.  In the absence of a completed contract of insurance, petitioner could not enforce her right under the policy which was yet to be issued.  Revision petition is dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER