Bharti AXA Life Inss Co Ltd V/S Arvind Dubey - Consumer Court Case

Haryana

Ambala

CC/270/2021

Arvind Dubey - Complainant(s)

Versus

Bharti AXA Life Inss Co Ltd - Opp.Party(s)

In Person

08 Sep 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case No.: 270 of 2021.

Date of Institution : 27.08.2021.

Date of decision : 08.09.2021.

Arvind Dubey s/o Late Sh. Jai Parkash Dubey, H.No.167, Laxmi Nagar, Ambala City.

……. Complainant.

Versus

Bharti AXA Life Insurance Company Ltd. Registered Office: Unit No. 1904, 19^th Floor, Parinee Crescenzo, “G” Block, Bandra Kurla Complex, BKC Road, Behind MCA ground, Bandra East, Mumbai 400051,Maharashtra,IRDA of India Registration Number 130.Through its fake trained agent.

Service Unit Address- Spectrum Tower, 3^rd floor, Malad Link road, Malad (West), Mumbai 400064, Maharashtra.

Corporate agent-EDOCD SOLUTION PVT. LTD., Corporate Agent Code-241578, Corporate Agent Email ID- edocdsolutions @gmail.com, Phone Number-9650210281, Address-H.No. 108, Pocket B-3, Sector-17, Dwarka, Delhi, India 110078, through its fake employee.

..…. Opposite Parties.

Before: Smt. Neena Sandhu, President.

Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.

Present: Complainant in person.

Order: Smt. Neena Sandhu, President

Office report seen. The present complainant has been filed by the complainant under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

To pay Rs.2 lacs as compensation for the mental agony and physical harassment suffered by the complainant.
To pay Rs. 50,000/-, as litigation expenses.

Brief facts of the case are that complainant was in need of personal loan and he applied for loan with the HDFC Bank, wherein he was getting his salary. After complainant applied for loan, he got a call from mobile number-8115389360 from Mr. Shubham Gupta, who told him that he was calling from HDB unit of HDFC Bank. He further told the complainant that he will arrange loan for him under Govt. scheme, for which he need his documents. Thereafter, complainant sent his documents i.e. PAN Card, cancel cheque and his photograph, on email,

2. We have heard the complainant and have carefully gone through the case file.

3. Complainant has submitted that the agent of the insurer had misguided him and fraudulently issued the policy in question by alluring that the loan of Rs.3 lacs shall be sanctioned to him, but no loan was sanctioned by the OPs. From the perusal of the para No.21, of the award dated 05.08.2021, passed by the Insurance Ombudsman, Chandigarh, annexed alongwith the complaint, it is evident that no loan facility was provided under the policy and this fact was duly accepted by the complainant. Even otherwise, to this effect that the agent committed to get the approval of the loan of Rs.3 lacs on purchase of the policy in question, there is no such evidence. In the absence of any cogent and convincing evidence, the complainant has failed to justify his stand, in that regard, during the preliminary hearing. The bald assertion of the complainant not supported by document (s), cannot be accepted, as such, we are of the view that it is not a fit case in which notice is required to be issued to the OPs. Accordingly, we dismiss the present complaint in limine, without any order as to costs. Certified copy of the order be supplied to the complainant, free of costs.

Announced on :08.09.2021.

(Vinod Kumar Sharma) (Ruby Sharma) (Neena Sandhu)

Member Member President