Punjab

Amritsar

CC/15/670

BAlkar Singh - Complainant(s)

Versus

Aviva Life Ins. - Opp.Party(s)

24 Nov 2015

ORDER

District Consumer Disputes Redressal Forum
SCO 100, District Shopping Complex, Ranjit Avenue
Amritsar
Punjab
 
Complaint Case No. CC/15/670
 
1. BAlkar Singh
Village Muglani, Teh. Khadoor Sahib, Tarn Taran
Tarn Taran
Punjab
...........Complainant(s)
Versus
1. Aviva Life Ins.
Block-B, RAnjit Avenue
Amritsar
Punjab
............Opp.Party(s)
 
BEFORE: 
  Sh. Bhupinder Singh PRESIDENT
  Anoop Lal Sharma MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Present : Sh.Satya Pal Sharma, Adv.counsel for the complainant

 

As the complainant has himself submitted in the complaint that he purchased one life insurance policy from the opposite party which is Pension Plus Unit Linked Policy. He also produced on record the policy in which it is clearly stated that product purchased by the complainant is Unit Linked life insurance product and its investment fund is unit linked fund and the premium amount is to be invested in open market in the form of shares to earn profit. It has been held by the Hon'ble National Commission in Revision Petition No.658 of 2012 titled as Ram Lal Aggarwala Vs Bajaj Allianz Life Insurance Company Limited and others decided on 23.4.2013 that where the investment made by the petitioner/complainant in Unit Linked Insurance Policies to gain profit, it was invested for commercial purposes and therefore, the petitioner/complainant is not a 'consumer' of the opposite party. Hon'ble State Commission, Orisha in First Appeal No.162 of 2010 in case Smt.Abanti Kumari Sahoo Vs. Bajaj Allianz Life Insurance Company Limited has held that the money of the petitioner/complainant invested in the share market is no doubt a speculative gain and the speculative investment matter does not come under the Consumer Protection Act and accordingly, the Hon'ble State Commission dismissed the appeal.

In view of the above discussion, the present complaint is not maintainable in this Forum. As such, it is ordered that complaint be returned to the complainant. However, the complainant is at liberty to file the same before the appropriate court/authority. Keeping in view peculiar circumstances of the case, parties are left to bear their own costs. File is ordered to be consigned to the record room.

 

24.11.2015 President

 

 

Member (A)

 

 

 
 
[ Sh. Bhupinder Singh]
PRESIDENT
 
[ Anoop Lal Sharma]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.