Haryana

StateCommission

A/262/2019

PARVEEN KUMAR SHARMA - Complainant(s)

Versus

BIRLA SUN LIFE INSURANCE COMPANY LTD. - Opp.Party(s)

RANVIR SOOD

08 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                       First Appeal No. 262 of 2019

Date of Institution:15.03.2019

                                                               Date of Decision:08.04.2019

 

 

Parveen Kumar Sharma aged about 58 years son of Sh. Tirloki Nath Sharma, R/o House No.309/9, Vakilpura Sadar Bazar, Karnal through its GPA Holder Sh. Ashwani Kumar Sharam son of Sh. Surinder Nath Sharma, R/o House No.858, Sector-7, Panchkula.

…..Appellant

Versus

1.      Birla Sun Life Insurance Company Ltd. One India Bulls Centre, Tower-1, 16^th Floor, Jupiter Mill Compound 841, Senapti Bapat Mart, Elphintone Road Mumbai-400013, through its Managing Director/CEO.

2.      Birla Sun Life Insurance Company Ltd., SCO No.138, 2^nd Floor, Main Market, Sector-13, Karnal through its Branch Manager.

 

                                      …..Respondents

 

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

                             Mrs. Manjula, Member.

                                                                                                         

Present:              Mr.Ranveer Sood, Advocate for the  appellant.

 

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

1.                Delay in filing the present appeal is hereby condoned for the reasons stated in the application for condonation of delay.

2.                Present appeal has been preferred against the impugned order dated 15.11.2018, passed by learned Consumer Disputes Redressal Forum, Karnal (in short ‘District Forum’) in complaint case No.149 of 2017 titled as “Parveen Kumar Sharma Vs. Birla Sun Life Insurance Company & Anr.” vide which complaint filed by the complainant was dismissed.

3.                Feeling aggrieved therefrom, appellant-complainant has preferred the present appeal.

4.               Brief facts of the case are that the appellant-complainant is a blind person and paralyzed from the left side of body and unable to do the any work. It was alleged that he purchased an insurance policy from opposite parties (in short ‘O.Ps’) and invest Rs.8,00,000/- with the O.Ps. After some time he came to know the fraud and mis-selling with him when he received five policies inspite of one time investment in one policy. These policies shows that the amount of Rs.1,60,000/- each investment in the name of complainant and insured his daughters namely Vrinda Sharma, Priyanka Sharma and Madhvi Sharma for the period of 15 years and maturity date is shown as 30.12.2031 and installments to be shown in the policies of Rs.1,62,438/- annually per policy. It was further alleged that authorized agent/broker of the O.Ps playing a fraud upon the complainant. These policies were issued by the O.Ps without willingness and consent of the complainant. It was further alleged that annual income of complainant has wrongly shown as Rs.17 lac  per annum whereas his annual income is Rs.1,58,246/-. Complainant gave many representations and applications for cancellation of the policies but all in vain. Thereafter, complainant filed an complaint before Insurance Ombudsman, Chandigarh where the O.Ps promised to issue the single terms policy by clubbing all the policies as full and final settlement during hearing before the above said authority on 09.09.2013 but O.Ps do not comply with their promise complainant filed a complaint before competent authority of the O.Ps company on 30.01.2015 for cancellation of refund the invest amount but to no effect. Thus, there is deficiency in service on the part of O.Ps.

5.                Learned District Forum, after hearing both the parties, considered that the complaint filed by the complainant was based on allegations of fraud, cheating and mis-representation and comes to the conclusion that law is well settled, when there are allegations of fraud and cheating etc. the Consumer Forum/Court has got no jurisdiction to entertain and decide the complaint and the matter is to be decided by Civil Court and dismissed the complaint of complainant vide order dated 15.11.2018 with liberty to approach the competent Forum/Civil Court for redressal of his grievance.

6.                The arguments have been advanced by Sh. Ranveer Sood, learned counsel for the appellant. With his kind assistance the entire records of the appeal had been properly perused and examined.

7.                From the perusal of record, it is clear that the complainant purchased an insurance policy from the O.Ps and invest Rs.8,00,000/- and O.Ps issued five policies instead of one time investment each of Rs.1,60,000/- per annum for 15 years in the names of his three daughters who are students. Moreover, O.Ps wrongly shown the income of complainant as Rs.17,00,000/- per annum and also wrongly shown his as a owner of firm named Sharma Constructions Company, whereas the annual income of complainant as per income tax return in the year 2010-2011 shown as Rs.1,58,246/-, in the year 2011-2012 shown as Rs.1,59,116/-, in the year 2012-2013 shown as Rs.1,77,270/-. It clearly shows the unfair trade practice of O.Ps.

8.                In our considered opinion, complainant availed the services of O.Ps and paid the amount to O.Ps for services availed by him and hence, complainant comes under the definition of a consumer. Under these circumstances, impugned order dated  15.11.2018 passed by learned District Forum, Karnal is set-aside for all intents and purposes, present appeal stands allowed and the matter is remitted back to the District Forum, Karnal to decide the complaint on merits within a period of three months after receiving the copy of this order. The appeal be consigned to the record room.

9.                Parties are directed to appear before the District Forum, Karnal on 08.05.2019 for further proceedings. 

 

 

 

April  08^th,  2019                    Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl.Bench               

R.K.