STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 22.05.2024 Date of Final Hearing: 31.01.2026 Date of Pronouncement: 24.02.2026 SC/5/A/187/2022 Superintendent of Post Offices Post Office, Pithoragarh Tehsil and District Pithoragarh (Through: Sh. Ashok Dimri, A.D.G.C. (Civil), Dehradun, Advocate)

…… Appellant Versus

1. Smt. Mohni Rawat W/o Sh. Puran Singh Rawat R/o Jagrati Colony, Takana Pithoragarh, Tehsil and District Pithoragarh (Through: Sh. Shardul Negi, Advocate)

2. Director General, Postal Life Insurance Pin – 908716, C/o 56 APO (Through: None)

3. Director General, Indo-Tibetan Border Police Force

9A, East Block, R.K. Puram New Delhi – 66 (Through: Sh. Rajeev Acharya, D.G.C. (Civil), Dehradun, Advocate)

…… Respondents Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 20.11.2021 passed by learned District Consumer Disputes Redressal Commission, Pithoragarh (hereinafter to be referred as “The District Commission”) in consumer complaint No. 04 of 2013, styled as Smt. Mohni Rawat Vs. Director General, Postal Life Insurance and others, wherein and whereby the consumer complaint was allowed and the appellant & respondent No. 2 (opposite party Nos. 1 & 3 before the District Commission) were directed to pay the sum assured of Postal Life Insurance Policy No. APS-865528-C dated 04.12.2007 amounting to Rs. 6,00,000/- as well as sum assured of Postal Life Insurance Policy No. APS-898605-C dated 15.04.2008 amounting to Rs. 3,00,000/- issued in the name of late Bhupendra Singh Rawat, to respondent No. 1 / complainant together with interest @6% p.a. from the date of filing of the consumer complaint till payment, besides to pay Rs. 5,000/- towards mental agony and Rs. 5,000/- towards litigation expenses. It was also directed by the District Commission that in case the appellant & respondent No. 2 face financial constraint / difficulty in making compliance of the impugned judgment and order, they shall have a right to recover the decretal amount from respondent No. 3 / opposite party No. 2 because the deficiency in service has been committed by its employee. The respondent No. 3 / opposite party No. 2 was, in turn, also given a right to recover the decretal amount from the erring official / employee.

2. The facts giving rise to the present appeal, in brief, are, as such that during his lifetime, late Bhupendra Singh Rawat CT/GD, the deceased son of respondent No. 1 / complainant, had purchased Postal Life Insurance Policy No. APS-865528-C dated 04.12.2007 for assured sum of Rs. 6,00,000/- as well as Postal Life Insurance Policy No. APS-898605-C dated 15.04.2008 for assured sum of Rs. 3,00,000/-. The premium in respect of the above policies was used to be deducted from the salary of the deceased life assured and remitted to the postal department. The life assured died on 28.02.2010 on account of injuries sustained by him in the accident. The complainant was named as nominee in the policies. Upon death of the life assured, the complainant submitted claim for the insured amount and submitted all the requisite documents through Head Post Office, Pithoragarh on 09.02.2011. Inspite of several letters, no action was taken in the matter. Thus, alleging deficiency in service on the part of opposite parties to the consumer complaint, consumer complaint was instituted by the complainant before the District Commission.

3. The appellant / opposite party No. 3 filed written statement before the District Commission and pleaded that in regard to the claim lodged by the complainant, all the relevant documents were forwarded to respondent No. 2 / opposite party No. 1, who deals with the claims in respect of policies held by the employees of Armed Forces /

Paramilitary Forces.

4. The respondent No. 2 / opposite party No. 1 submitted written statement befo