Punjab

Sangrur

CC/860/2015

Harvinder Singh - Complainant(s)

Versus

Bajaj Allianz LIC - Opp.Party(s)

Shri S.S.Bhullar

14 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

                                                Complaint No.  860

                                                Instituted on:    18.08.2015

                                                Decided on:       14.06.2016

 

Harvinder Singh aged about 29 years son of Darshan Singh, resident of Bakhatgarh, Tehsil and District Sangrur.

                                                        ..Complainant

                                        Versus

1.     Bajaj Allianz Life Insurance Co. Ltd. Head Office: GE Plaza, Airport Road, Yerawada, Pune 411 006 (Maharashtra) through its Chairman/Managing Director.

2.     Bajaj Allianz Life Insurance Co. Ltd. Divisional Office: FCI Building, Near BSNL Exchange, Club Road, Sangrur through its Divisional Manager.

                                                        ..Opposite parties

For the complainant  :       Shri S.S.Punia, Advocate.

For OPs                    :       Shri G.S.Nandpuri, Advocate.

 

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Harvinder Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant visited the office of the OP number 2 in the month of February, 2015 along with his one friend and met Mr. Suresh Sharma, the Divisional Manager of the OP number 2, as such on his advice the  complainant handed over an amount of Rs.10.00 Lacs and the duly filled proposal form to OP number 2 for investing the same in the plan as advised by Mr. Suresh Sharma, wherein the OP number 2 had promised that the amount would be double after a period of five years and the OP number 2 also issued a hand written receipt , but the OP number 2 failed to issue the fixed deposit receipt of the said amount, despite visiting the complainant to OPs so many times and lastly the OP number 2 issued certificate number D0359092 on the letter head of the OP and told that the same was equivalent to the receipt. It is further averred that when the complainant did not receive the FDR, then the complainant approached the Ops and also sent so many mails to the OPs, but all in vain. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the OPs be directed to refund him an amount of Rs.10.00 Lacs along with interest and further claimed compensation and litigation expenses.

 

2.             In reply filed by Ops, preliminary objections are taken up on the grounds that the complainant has not come to the Forum with clean hands and that the Ops have filed a complaint with the Senior Superintendent of Police Sangrur vide number 8982/P/25-9-2015 dated 25.09.2015 which is pending investigation with the police authorities, that the complainant has submitted a forged receipt, that the complaint of the complainant is pre mature as the criminal complaint filed by the Ops against the complainant is pending investigation, that the subject mater of the complaint involves acts of cheating, fraud, forgery etc which does not come under the ambit of the Consumer Protection Act, 1986, that the complainant has no cause of action to file the complaint, that the complainant has not impleaded Mr. Suresh Sharma as a party in the present case. On merits, it is stated that the complainant has levelled serious allegations against Mr. Suresh Sharma, who is no more working with the Ops without impleading him in the array of parties, that the Ops never approached the complainant to invest any amount and no alleged promise or commitment to pay double the amount after payment of single premium was ever made by the OPs. It is further averred that upon receipt of the complaint from the complainant, the Ops immediately acted on it and requested the said complainant to provide the proofs of his allegations and the complainant provided the copies of receipt dated 30.3.2015, an acknowledgement letter for a receipt number 0574768997 and a proposal receipt having serial number D0359092 having system generated receipt number 0574768997 dated 31.3.2015.  It is stated that during investigations it was found that the complainant never deposited the amount of Rs.10.00 Lacs with the OPs. Moreover, the alleged receipt having serial number D0359092 dated 31.3.2015 submitted by the said Harvinder Singh is fake and forged and the said receipt has been forged and manipulated by the complainant by fabricating a receipt on the official stationery of the company. Moreover the said receipt pertains to some other proposal number 0319158952 under application number 5932763466 and as per the records of the company, the receipt number 0574768997 was issued on 10.10.2014 for Rs.7,50,000/- towards proposal deposit of some other customer and at that time one official named Jugesh Mittal was posted as Operation Head in branch office Sangrur. In the end, it has been denied that the complainant ever deposited an amount of Rs.10.00 Lacs with the Ops and any deficiency in service on the part of the Ops has been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 copy of receipt, Ex.C-2 copy of acknowledgment, Ex.C-3 copy of receipt, Ex.C-4 to Ex.C-13 copies of emails and Ex.C-14 affidavit and closed evidence. On the other hand, the learned counsel for the Ops has produced Ex.OP-1 copy of DCB report dated 10.10.2014, Ex.OP-2 copy of cashier summary for collection, Ex.OP-3 copy of daily collection register, Ex.OP-4 copy of DCB report dated 31.3.2015, Ex.OP-5 copy of cashier summary, Ex.OP-6 copy of daily collection register dated 31.3.2015, Ex.OP-7 copy of application dated 25.9.2015, Ex.OP-8 copy of application dated 2.2.2016, Ex.OP-9 copy of postal receipt, Ex.OP-10 copy of proposal form, Ex.OP-11 copy of receipt dated 10.10.2014, Ex.OP-12 copy of letter in shape of emails, Ex.Op-13 copy of channel detail screen, Ex.OP-14 copy of email , Ex.OP-15 affidavit of Suresh Kumar Sharma, Ex.OP-16 affidavit of Gurdeep Singh, Ex.OP-17 affidavit of Deepak Kumar and closed evidence.

 

4.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             In the present case, the complainant has filed the complaint on the allegations that he paid/gave an amount of Rs.10.00 Lacs on 30.03.2015 in cash to Mr. Suresh Sharma, the then Divisional Manager of the Ops for investing the same in an FDR, which was to be double after expiry of five years and to prove this fact the complainant has drawn our attention towards the document Ex.C-1. Ex.C-2 is the acknowledgement for the receipt of the payment given by the said Suresh Sharma. The grievance of the complainant is that the OPs never issued the FDR in question for Rs.10,00,000/- despite visiting the complainant to the Ops so many times and issuance of the emails, which are on records as Ex.C-4 to Ex.C-13 and further to support this contention the complainant has produced his own sworn affidavit Ex.C-14.  On the other hand, the stand of the Ops is that the complainant has filed a false and frivolous complaint by forging the document Ex.C-1 and Ex.C-2 as the Ops never issued any such receipts to the complainant. It is further contended that had the complainant deposited the amount of Rs.10.00 Lacs with the Ops, then the complainant must have been issued the policy, if any.  Further the learned counsel for the OPs has drawn our attention towards the daily collections register for the dated 31.3.2015, where the name of the complainant no where figures, as such the complainant never deposited any such amount with the OPs.  Moreover, the Ops had also filed a complaint against the complainant before the Senior Superintendent of Police, Sangrur dated 25.09.2015 for theft, fraud, cheating, forgery and fabrication of official documents, which is pending for decision.  Further it is worth mentioning here that an amount of Rs.10.00 Lacs is a big amount, which cannot be paid in cash rather the same is required to be paid by cheque in view of the provisions of the Income Tax Act, 1961.  Further Mr. Suresh Kumar Sharma, Ex. Divisional Manager of the Ops has also produced his own affidavit Ex.OP-15, wherein he has clearly denied all the allegations of the complainant and further stated that he never approached Mr. Suresh Sharma for any FDR or whatsoever nor any such receipts have been issued by him. Further Ex.OP-11 is the copy of receipt number 0574768997 dated 10.10.2014, wherein the name of policy holder shows as Randeep Singh and Ex.OP-12 is the copy of status of the policy of Randeep Singh and policy status is shown as 'rejected', wherein the collection details for receipt number is 574768997, as such, it clearly reveals that the receipt bearing number 574768997 Ex.C-2 in the name of Shri Harvinder Singh seems fake one.  As such, we find no case made out against the OPs, more so when the complainant has not arrayed Shri Suresh Kumar Sharma, as a party in the present case.  There is no explanation from the side of the complainant that why he did not implead Suresh Kumar Sharma as a party in the present case, more so when he has alleged that the amount of Rs.10.00 Lacs was given to him, even after taking the objection in the written reply by the Ops.  As such, we find no case made out against the Ops for any deficiency in service on the part of the Ops.

 

6.             In view of our above discussion, we find no merit in the complaint and the same is dismissed. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

 

                Pronounced.

                June 14, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                              (K.C.Sharma)

                                                                Member

 

 

                                                                (Sarita Garg)

                                                                   Member