DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

                                U.T. CHANDIGARH

Tarsem Lal Tagra S/o Sh.Ram Lal Tagra r/o House No.1670, Sector 49-B, Pushpac Complex, Chandigarh 160047.

…..Complainant

                                V E R S U S

1.     Birla Sun Life Insurance Co. Ltd., through its Manager, SCO No.149-150, Sector 9-C, Chandigarh.

2.     Birla Sun Life Insurance Co. Ltd., through its Managing Director, One India Bulls Center, Tower-I, 15^th floor, Jupiter Mill Compound, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013.

                                        ……Opposite Parties

CORAM:     SH.RAJINDER SINGH GILL                       PRESIDING MEMBER

                 DR.(MRS) MADANJIT KAUR SAHOTA MEMBER

Argued by: Sh.Manmohan, Counsel for the complainant.

 Sh.Nitin Thatai, Counsel for OPs

PER RAJINDER SINGH GILL,PRESIDING MEMBER

                Briefly stated, the facts of the case are that the complainant took three insurance policies from OPs vide Policy No.004534640 dated 30.11.2010, policy No.004701767 dated 15.2.2011 and Policy No.004731076  dated 28.2.2011. In the first policy, the name of the life insured shown as “Anurag” and in the second and third policy, the name of life insured shown as “Anurag Kohli”. It has been further stated that the OPs contradicted their own record as different signatures of the same person and also have been forged differently in the record. Mr.Anurag Singh Tagra had got his name changed from Anurag Kohli to Anurag Singh Tagra vide court decree dated 16.11.2009. The complainant paid the regular premium to the Ops for the abovesaid policies.   The complainant requested the OPs to correct the name of life insured in the 2^nd and 3^rd policy and as such, as per his request, the OPs changed/corrected the name as Mr.Anurag Singh Tagra in their record. It has been further stated that when the said policies were shown to Mr.Anurag Singh Tagra in the month of April 12 for verification of his signature, he denied to sign any policy document as life insured. The OPs forged the signature in the said insurance policies at page No.23, 38 and 57 of life insured, moreover, the personal particulars such as Occupation, name of the employer, business, annual income, PAN No., residence address etc. were false and incorrect. It has been further stated that it is evident from the documents that the OPs have forged the signature in the insurance policy and prepared false documents. The complainant sent a letter on 12.4.2012 – Annexure C-8 to OP No.2 and demanded the original policy document on the basis of which the policy was prepared. The complainant also sent a legal notice dated 10.5.2012 – Annexure C-9 to OP No.1 but to no avail. Hence, this complaint.

2.             OPs No.1 & 2 filed joint reply, wherein, it has been pleaded that the OPs issued the policies on the basis of proposal/application forms submitted by the life assured, therefore, it cannot be said that the OPs have forged the documents. The Ops also corrected the name of the life assured, as per the request form of the complainant vide dated 15.3.2011 from Anurag Kohli to Anurag Singh Tagra.  It has been further pleaded that if the name of the policyholder was different then the complainant could have got the policy cancelled within the free look period of 15 days but he did not opt for the same. It has been further pleaded that the complaint is based on the allegations of fraud and forgery and as such, this Forum has got no jurisdiction to decide this case and the matter is to be decided by the Civil Court after leading cogent evidence. Pleading no deficiency in service and denying rest of the allegations of the complainant, OPs have prayed for dismissal of the complaint.

3.             Parties led evidence in support of their contentions.

4.             We have heard the learned Counsel for the parties and have also perused the record.

5.             Admittedly, the complainant took three insurance policies from OPs vide Policy No.004534640 dated 30.11.2010, policy No.004701767 dated 15.2.2011 and Policy No.004731076  dated 28.2.2011.     

6.             According to the complainant, the OPs forged the different signature in the said policies at page No.23, 38 and 57 of life insured and, thus, prepared false documents.  On the other hand, the learned Counsel for the OPs contended that the Ops issued the policies on the basis of proposal/application forms submitted by the life assured, therefore, it cannot be said that the OPs have forged the documents. It has been further contended that the present complaint is based on the allegations of fraud and forgery and as such, this Forum has got no jurisdiction to decide this case and the matter is to be decided by the Civil Court after leading cogent evidence.

7.             Now it is established that the complainant has leveled the allegations of fraud and forgery by the officials of OPs. In this situation, the question arises, as to whether, such complicated, complex and disputed facts could be properly adjudicated upon by this Forum, proceedings before which, were summary in nature. The answer to this question, must be in the negative. The law is settled that when there are allegations of fraud and cheating etc. the Consumer Court has got no jurisdiction and the matter is to be decided by the Civil Court. In this context, the OPs have mentioned some judgments in their reply such as 2009(4) CLT 22 titled as Daljit Singh Dogra vs. ING Vysya Bank Ltd. and others (State Commission, Punjab) and Oriental Insurance Company vs. Manimahesh Patel, 2006(IV) CPJ-1 (Supreme Court).

8.             As a result of the above discussion, it is held that this Forum has no jurisdiction to try the present complaint, as such, the same is dismissed. However, the complainant is at liberty to approach the Civil Court, if so advised. No order as to costs.

9.             The certified copies of this order be sent to the parties free of charge. The file be consigned.