Date of filing:-17/03/2021 Date of Order/Judgement:-30/01/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 22 of 2021.
Mr. Bijay Kumar Seth, S/o. Samaru Seth, Residing At. Laumunda, Bargarh, Odisha. 768048, Contact Number 9937101952.
..... Complainant.
V e r s u s
Branch Manager, TATA AIG Registered Office, Peninsula Business Park, Tower A, 15th Floor, G.K. Marg, Lower Parel, Mumbai 400013, Maharastra, India.
….. Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri U.K. Mahapatra and Associate.
For the Opposite Party :- :- Sri Surendra Panda
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.30/01/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The case of the Complainant is that the Complainant has taken insurance policy from various insurance Company Like Bharati Axa Life insurance, HDFC Life insurance. INDIA FAST, EDELWEISS TOKIO, Reliance Nippon Life etc. One person named sudarshan Gupta claiming to be an employee of TATA AIG Insurance Company fraudulently sold the above said policy to the complainant to the tune of Rs. 4,80,000/-(Rupees four lakh eighty thousand)only. The complainant filed this case for harassment made by the above said companies and prayed for return of the amounts held in various insurance policy.
- The Case of the Opposite party is that the Opposite Party filed its version and submitted that Opposite party company deals with general insurance policies only and it neither deals with nor ever issues any Life Insurance policy to anybody including the present Complainant. Further the Opposite party submitted that the case is not maintainable on both mis joinder and non joinder of necessary party. Hence the Opposite party prayed for dismissal of the case.
- Perused the documents filed by the parties and it reveals that the Complainant has taken a number of Insurance Policy from various insurance companies like Bharati AXA Life insurance, HDFC Life Insurance, India Fast, Edelweiss Tokio, Reliance Nippon Live etc. But the Complainant has not taken any policy from the Opposite party insurance company, TATA AIG Ltd. Hence the Complainant is not a Consumer of the Opposite party. The Complainant has made a party to this insurance company. But did not make party to whom he has taken insurance policy. Hence this case is barred by both mis joinder of party and non joinder of necessary party.
Accordingly the following order is made.
O R D E R
The Complaint is dismissed on contest.
The Complainant is not entitled for any relief.
Order pronounced in open court on this 30th day of January 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.30/01/2023 Dt.30/01/2023
M e m b e r (w) P r e s i d e n t