The nominee of a deceased policyholder is a consumer within the meaning of the Consumer Protection Act, 1986, and is entitled to the benefits under the policy.

Mr. Justice B.N. Sinha, President—This case has been filed by Smt. Geeta Devi, widow of Late Bhagwati Prasad Jalan alleging negligence against the Life Insurance Corporation of India in the settlement of her claim amounting to Rs. 1,02,000/- the amount for which her husband had got his life insured by the LIC — opposite party on the payment of rest quarterly premium on 28.3.89 under LIC Policy No. 510086636 and she has also claimed compensation against the O.P. for the harassment which she has to undergo due to negligence on the part of the LIC.

2. The complainant present her complaint petition on a printed Performa accompanied by statement of facts on a separate sheet of papers before this Commission claiming one lack and fifty thousand rupees as compensation for the harassment she had to undergo due to the alleged negligence on the part of the LIC. Her case is that her husband paid all the quarterly premium due under the Policy and he died on 2.8.90 and she filed her claim before the Insurance Company in respect of that Policy by an application addressed to the LIC which was received by the L.I.C. on 29.8.90 and that she also produced all the papers before the LIC on 2.9.91. But in spite of that the amount covered by that Policy has not been paid to her as a result of which she had to file the present case.

3. Notice was sent to the LIC on the basis of that complaint and in response thereof a letter was sent by the Sr. Branch Manager of the LIC, addressed to the Secretary, State Commission setting forth the counter version of the case. It has been stated on behalf of the Insurance Company that the quarterly premium due for 28.3.90 in respect of the Policy was paid on 23.7.90. But due to heavy rush at the counter it was written as 28.6.90 instead of 28.3.90 against the column “Premium Due Date”. It has been averred on behalf of the LIC that the quarterly premium due on 28th June, 90, remained unpaid and as per provisions of the contract prevailing between the insurers and insured, the death risk terminated after expiry of 30 days from that due date as death had taken place with in three years from the date of the commencement of the Policy; and thus the death risk had already terminated from 28.7.90 and that the husband of the complainant died on 2.8.90 and as such the claim of the complainant was not entertain able and nothing was payable in respect of that Policy. It has been further mentioned in that counter version that the complainant had already been informed with regard thereto by letter dated 30.7.91 addressed to her by the LIC. A rejoinder was also filed on behalf of the O.P. stating the facts mentioned above. Thereafter affidavit of the complainant was filed stating that all the premium due under that Policy had been paid by her husband on due dates and that the averments made by the LIC in their counter version to the contrary are false and incorrect. There after a supplementary statement was filed on behalf of the O.P. in which there is the maintainability of the complaint petition has been challenged. It has been stated that nominee of the deceased is not a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986, as there was no agreement of contract to render any service by the LIC to the nominee nor such a right can be delegated or inherited by an heir or legal representative or a nominee of a consumer, we are not inclined to accept this plea taken on behalf of the O.P. We are supported in our view by a decision of National Commission in M/s. Cosmopolitan Hospitals & Anr. v. Vasantha P. Nair I (1992) CPJ 302 (NC) in which case the National Commission after referring to a passage from Salmond’s Jurisprudence (12th Addition Page-443) have held “It is true that in the definition of the expression “consumer”, there are no express words indicating that his legal representative is also included within its scope. But as pointed out by the eminent author in the above passage, by operation