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RAJASTHAN STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, JAIPUR
Hon’ble Mr. Justice S.K.M. Lodha, President; Shri Damodar Thanvi, Member;
Smt. Saria Khan, Member
SMT. GIRIRAJ SHARMA––Appellant
versus
THE REGIONAL COMMISSIONER,
COAL MINES PROVIDENT FUND. BILASPUR (M.P.)––Respondents
Complaint Case No. 21 of 1989—Decided on 28.7.1989

Advocates:
Counsel for Parties :
For the Appellant :Shri G.S. Bapna, Advocate.
For the Respondent: Shri S.K. Dubey, Asstt. Commr.

The opposite party was negligent in not making the payment of the insurance amount within a reasonable time, and the complainant was entitled to compensation for the loss suffered due to the delay in payment.

Headnote:

CONSUMER PROTECTION ACT, 1986 - SECTION 2(O) - COAL MINES DEPOSIT LINKED INSURANCE SCHEME - DELAY IN PAYMENT OF INSURANCE AMOUNT - INTEREST AWARDED AS COMPENSATION.

Fact of the Case:

The complainant, the widow of an employee of Coal India Ltd., filed a complaint against the opposite party, the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, for the delay in payment of insurance amount under the Coal Mines Deposit Linked Insurance Scheme (DLIS). The complainant's husband died on 6.2.80, and she was entitled to receive a sum of Rs. 10,000/- under the DLIS. However, the payment was not made promptly, and the complainant had to make several reminders and requests for the release of the insurance amount.

Finding of the Court:

The court found that there was negligence on the part of the opposite party in not affecting payment within a reasonable time after the complainant had submitted the application form as required soon after the death of her husband. The court also found that the complainant had suffered a loss due to the delay in payment, as she could have invested the insured amount and earned interest on it.

Issues: 1. Whether the opposite party was negligent in not making the payment of the insurance amount within a reasonable time? 2. Whether the complainant was entitled to compensation for the loss suffered due to the delay in payment?

Ratio Decidendi: The court held that the opposite party was negligent in not making the payment of the insurance amount within a reasonable time. The court also held that the complainant was entitled to compensation for the loss suffered due to the delay in payment, as she could have invested the insured amount and earned interest on it.

Final Decision: The court directed the opposite party to pay Rs. 11,000/- to the complainant as compensation for the loss suffered due to the delay in payment of the insurance amount. The court also dismissed the complainant's claim for Rs. 1,00,000/- as compensation.

JUDGMENT

S.K.M. Lodha, President—Shri S.K. Sharma had worked in the Coal Mines since 1967. The Coal Mines were nationalised sometime in 1973 and so Shri S.K. Sharma became an employee of Coal India Ltd. Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (“the Act”)/was promulgated. The Act is to make provision for the framing of provident fund scheme (a family pension scheme) a deposit linked insurance scheme and a bonus scheme for persons employed in the Coal Mines S. 3(g) of the Act deals with Coal Mines Deposit Linked Insurance Scheme. It empowered the Central Govt. to frame Coal Mines Deposit Linked Insurance Scheme for the purpose of providing licensing benefits to such employees as are covered by Coal Mines Provident Fund Scheme. The Central Govt. framed a Scheme as mentioned in the III Schedule appended to the Act. Deposit Linked Insurance Scheme came into force from 1.8.76. Shri S.K. Sharma was covered by the aforesaid scheme and necessary deductions were made from the salary for coverage under the Deposit Linked Insurance Scheme (DLIS). Shri S.K. Sharma expired on 6.2.80. After the death of Shri S.K. Sharma, the complainant (widow of Shri S.K. Sharma and her minor children) became entitled to receive a sum of Rs. 10,000/- under the DLIS. The opposite-party is responsible for the payment of the insurance amount under the Act. It has been alleged that the complainant submitted an application in the prescribed form DLIS for payment of DLIS to the opposite-party in the office of the Regional Commissioner, Coal Mines Provident Fund, Jabalpur. There were some formal defects in the form, inasmuch as the names of her two minor children were only shown. The complainant was asked to re-submit the application for payment. Photostat copy of the letter dt: 26.4.88 which was sent by the Assistant Finance Officer of the office of the Regional Commissioner Coal Mines Provident Fund, Jabalpur has been submitted as Anx. I. Thereupon the complainant completed the necessary formalities and sent the proper application form mentioning full details along with a letter. Photostat copy has been submitted as Anx. II. The complainant was informed by the office of the Regional Commissioner, Coal Mines Provident Fund, Jabalpur vide letter dt. 3.5.80 (photostat copy Anx. III) that the cheques were under issue. To quote from Anx. III - “This is to inform you that as per provision of the scheme payment of DLI will be directly made to the concerned bank authority as mentioned in the application of the complainant. The cheques were under issue.” In the meantime the complainant shifted to Jaipur. However, whenever she visited Jabalpur she was informed that she could expect payment of insurance amount at an early date. However, no payments were received. Several reminders were issued for releasing the insurance amount but they remained un responded. Subsequently a registered letter dt. 24.11.88 (photostat copy Anx. IV) was sent for releasing the insurance amount. In response to that, the opposite-party sought various information from the Manager of the Colliery vide letter dt. 23.12.88 (photostat copy Anx. V). The complainant wrote letter dt. 11.1.89 to the Manager of the Colliery to send the necessary information to the Regional Commissioner, Coal Mines Provident Fund, Bilaspur so that the payment may be released. Again a letter was sent on 17.1.89 (photostat copy Anx. VII) clarifying the Saving Bank account number. The case of the complainant is that she and her minor children became entitled to receive a sum of Rs. 10,000/- soon after the death of her husband under DLIS but the opposite-party failed to render this service promptly under Sec. 2(o) of the Consumer Protection Act, 1986. She has prayed that the opposite-party may be directed to pay Rs. 1,42,000/- to her. This amount, consists of insurance money Rs. 10,000/-, interest Rs. 30,000/-, expenses Rs. 2,000/- and compensation Rs. 1,00,000/-.

2. A notice was ordered to be issued to th









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