Learned counsel for the appellant  is  present.

2.                 Learned counsel for the respondent is absent. The service of summon against the respondent is sufficient.

3.              The appellant was the OP whereas the respondent was the complainant before the learned District Forum. Hereinafter the parties to this appeal shall be referred with reference to their respective status before the learned District Forum.

4.              Heard the learned counsel for the appellant. Mr.Pattniak,learned counsel for the appellant submitted that  the learned District Forum has committed wrong by not following the decision of this Commission properly, even if it is held that there is deficiency of service on the part of the OP in the similar facts and circumstances. He submitted that the order portion the learned District Forum was wrong to hold that the OP No.1 & 2 are liable to pay Rs.100/- per day of delay to complainant and same is recoverable from erring officer.

5.            Learned counsel for the appellant further submitted that the case in hand is based on payment of premium under Salary Savings Scheme and learned District Forum has not understand the fact and law properly for which there is error committed by the learned District Forum. So, he submitted to set-aside the impugned order of the learned District Forum.

6.      Considered the submission of learned counsel for the appellant, perused DFR and impugned order. 

7.          It is the case of the complainant that  he has purchased a policy for Rs.2,00,000/- and it was under the Salary Saving Scheme. No doubt the learned District Forum has discussed the principle of law behind the case. We have gone through the entire impugned order and do not find any error. However, the operative portion of  impugned order shows some peculiarity because in default of payment of death benefits and cost, the OP No.1 & 2 have to pay jointly and severallyRs.100/- per day to the complainant recoverable from the erring officer. We hasten to add that when the death benefits with cost are awarded by the learned District Forum, the default portion of the order is unwarranted. So, by modifying the impugned order we direct the OP to pay the complainant the death benefit of her deceased husband under the policy  with interest and to pay cost of Rs.3000/- within 30 days from today, failing which the same will be executed in accordance with law.

        The appeal is disposed of.

         Copy of the order be supplied to the respective parties.    

         DFR be returned forthwith.