In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.15 / 2012. 1) Samir Kumar Chatterjee, 28/2, Raipur Road, Regent Estate, Kolkata-92. ---------- Complainant ---Versus--- 1) Birla Sun Life Insurance Co. Ltd., Having its regd. Office at One Indiabulls Centre, Tower-1, 15 & 16 Jupitar Mill Compound, 841 Senapati Bapat Marg, Elphinstone Road, Mumbai and carrying its business on and from its Regional Office at J.K. Millennium Centre, 2nd Floor, 46-D, Jawaharlal Nehru Road, Kolkata-71 and also having office at 3A, Shakespeare Sarani, Kolkata-71, P.S. Park Street. ---------- Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Order No. 16 Dated 20-05-2013. The case of the complainant in short is that the instant application is being necessitated by reason of the fact that the o.p. failed to place the name of the nominee in spite of the nomination was made and applied by the complainant while filling up the rectified proposal forms of the o.p. in as much as the initial bond of the Life Insurance Policy i.e. 1st Bond was cancelled and withdrawn as revealed certain penal offences committed by the o.p. The Policy Bond of the 1st Life Insurance Policy was issued on 16.8.11 which revealed certain defects and manipulation in the proposal forms tantamounts to fraud and perjury and the same was cancelled and or annulled by the o.p. The 2nd Life Insurance Policy was issued on 16.9.11 upon received the objection made on behalf of the complainant on 12.9.11. The 2nd Life Insurance Policy being policy no.005101704 was issued without the name of the nominee in spite of the fact that the name of the nominee was referred in the proposal form of the o.p. which was pen through by the men and or agent and or staff of the o.p. The other terms and conditions shall appear from the copy of the 2nd Bond of the Life Insurance Policy. Complainant is a senior citizen and 75 years old expressed his desire before the agents of the insurance company being the o.p. herein that the complainant is an assessee under the Income Tax Act and paying taxes. He wished to invest a sum of Rs.30,000/- per year for a period of 3 years @ 11.5% interest p.a. and also desired to get the benefits on Income Tax as well. Shantanu Das, agent , allured the complainant assuring that the o.p. shall provide a tailor made plan ofth e Life Insurance Policy suiting the necessity of the complainant. Believing it to be true the complainant had issued a cheque of Rs.30,000/- on 4.8.11 and same was encashed from the bank account of the complainant on 6.8.11. The 1st Life Insurance Policy was issued on 16.8.11 with an effect from 16.8.11 which is 12 days after the issuance of the cheque. The product name of the aforesaid Life Insurance Policy was BIRLA SUN LIFE ENDOWMENT PLAN. The said proposal form was filled up by the hand writing of any third person other than the complainant as the same was processed under the counterfeit signature of the insured and the owner of the policy. On 19.9.11 the 2nd Life insurance Policy was issued viz. Birla Sun Life Insurance Vision Plan with certain terms and conditions as appears from the copy of the Bond. The said Bond was issued without nomination; however, the name of the nominee was referred in the proposal form which was pen through without the consent of the complainant. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of the o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular and we find that the instant application is being necessitated by reason of the fact that the o.p. failed to place the name of the nominee in spite of the nomination was made and applied by the complainant while filling up the rectified proposal forms of the o.p. in as much as the initial bond of the Life Insurance Policy i.e. 1st Bond was cancelled and withdrawn as revealed certain penal offences committed by the o.p. We further find from the record that the Policy Bond of the 1st Life Insurance Policy was issued on 16.8.11 which revealed certain defects and manipulation in the proposal forms tantamounts to fraud and perjury and the same was cancelled and or annulled by the o.p. The 2nd Life Insurance Policy was issued on 16.9.11 upon received the objection made on behalf of the complainant on 12.9.11. The 2nd Life Insurance Policy being policy no.005101704 was issued without the name of the nominee in spite of the fact that the name of the nominee was referred in the proposal form of the o.p. which was pen through by the men and or agent and or staff of the o.p. and the other terms and conditions shall appear from the copy of the 2nd Bond of the Life Insurance Policy. It transpires from the record that complainant is a senior citizen and 75 years old expressed his desire before the agents of the insurance company being the o.p. herein that the complainant is an assessee under the Income Tax Act and paying taxes. He wished to invest a sum of Rs.30,000/- per year for a period of 3 years @ 11.5% interest p.a. and also desired to get the benefits on Income Tax as well. We find that Shantanu Das, agent , allured the complainant assuring that the o.p. shall provide a tailor made plan ofth e Life Insurance Policy suiting the necessity of the complainant. Believing it to be true the complainant had issued a cheque of Rs.30,000/- on 4.8.11 and same was encashed from the bank account of the complainant on 6.8.11. It is seen from the record that the 1st Life Insurance Policy was issued on 16.8.11 with an effect from 16.8.11 which is 12 days after the issuance of the cheque. The product name of the aforesaid Life Insurance Policy was BIRLA SUN LIFE ENDOWMENT PLAN. And the said proposal form was filled up by the hand writing of any third person other than the complainant as the same was processed under the counterfeit signature of the insured and the owner of the policy. It is also seen that on 19.9.11 the 2nd Life insurance Policy was issued viz. Birla Sun Life Insurance Vision Plan with certain terms and conditions as appears from the copy of the Bond. The said Bond was issued without nomination; however, the name of the nominee was referred in the proposal form which was pen through without the consent of the complainant. In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency being service provider to its consumer / complainant and complainant is entitled to relief and such type of action on the part of o.p. is highly condemnable and should not recur. Hence, ordered, That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.50,300/-(Rupees fifty thousand three hundred) only on account of initial deposit to insurance policy and compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Supply certified copy of this order to the parties free of cost. | 
