DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 55 OF 2015

Mohammad Aslam ( 45 Years),

S/O: Anwarul Haq, Occu: Business,

RO: Bombay Chowk , PO: Industrial Estate, 

PS/  Dist: Jharsuguda,Odisha……………….….………………Complainant.

Versus

1. India Infoline Insurance Brokers Ltd.,

12A- 10,13^th floor, Prince Crescenzo

C-38 & C- 39, G-Block, Behind MCA,

Bandra Kurla Comlex, Bandra East-Mumbai-400 051,

Agent Code- 21972907.

2. Anuj Kumar Prajapati,

S/O: Sugriv Prajapati, SBI A/C No.31335251716,

Vill.- Badhya PO: Kharasara,

Dist: Ballia- 277302 ( U.P).

3. India Infoline Insurance Brokers Ltd.,

Opposite of HDFC Bank,

Sarbahal Road, Jharsuguda- 768 201.

4. Ajit Kumar Bagh ( Sm Code 70092338),

Reliance Life Insurance Co. Ltd.,

Near Bank of India, Beheramal,

Jharsuguda- 768 202,  Odisha……………….…………..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Self.

For the Opp. Party No.1 & 3                     Shri P. Varma, Adv &. Associates.

For the Opp. Party No.2  & 4                    Self ( Ex-Parte).

Date of Order: 21.09.2016

Present

                                                                                   1. Shri S.L Behera, President.

                                                                                   2. Shri S.K. Ojha, Member.

Shri S.L. Behera, President:- In brief, the complaint’s case is that on receiving Phone calls from one unknown person who described two numbers of insurance plans to the complainant, the complainant on good faith send Rs.33,250/- through a cheque on dtd.24.01.2015 and handed over the said cheque to a person concerned of Reliance life Insurance of Sambalpur Branch from where the complainant received an insurance policy bond having yearly premium of Rs.33,138/- only on dt.06.02.20-15 through post.  The said cheque bounce and the O.P.No.1 informed to deposit Rs.49,750/- and Rs.30,000/- for two numbers of policies recorded in the name of O.P.No.2 .  The complainant on good faith deposited Rs.49,750/- on dt.20.03.2015 and Rs.30,000/- on dtd. 26.03.2015 in the account number of O.P.No.2 where the O.P.No.2 conformed of receiving but till date the complainant had not received any policy.  The complainant contacted in the toll free number of Reliance Life Insurance company from where he came to know that the policy number 52045816 issued on dtd.30.01.2015 is not effective due to insufficient fund and the said insurance company had not received any such amount.  Being harassed the complainant filed this case. 

            Being notice the O.P.No.1 & 3 appeared and filed written version where the O.P.No.2 & 4 found to be not leaving in their postal addresses and the registered letter with A.D returned back. The O.P.No.1 & 3 submitted that the complainant has applied for only one policy by issuing a cheque in the name of the insurance company directly and a policy was issued infavour of the complainant and after bouncing of the cheque he was also inform to deposit the required amount but the complainant did not.  The O.P.No.1 & 3 further denied that they have never advised to deposit such amount of Rs.79,750/- only in total to any other personal account and prayed for dismissal of the case.  

            Matter is heard and gone through the case record with documents.  The complainant had requested for a life insurance policy of reliance life insurance company through the O.P.No.1 who is a broker of various financial and insurance companies.  The complainant issued a cheque of Rs.33,250/- of Bank of India, Jharsuguda branch against which the insurance company issued Life insurance policy namely Reliance directed money back policy bearing policy No. 52045816 on dtd. 30.01.2015. The said policy was in effective due to dishonor of the said cheque of complainant about which he was advised by O.P.No.1 to deposit such amount but the complainant did not.  In the meantime the complainant received a phone call of one  Anuj kumar Prajapati  of Post Kharasara of district Ballia (U.P) who misguided the complainant and on his suggestion the complainant deposited Rs.79,750/- only in total ( Rs.49,750/- on 20.03.2015 and Rs.30,000/- on 26.03.2015) in the personal saving account of the said Anuj Kumar Prajapati (O.P.No.2).  The complainant tried to contact O.P.No.2 and O.P.No.4 many times but they made themselves silent so also they left their addresses. 

            In the above circumstances the O.P.No.1 & 3 are not found any deficient in their services rather the O.P.No.2 & 4 found to be cheated to the complainant by misguiding and false representing against which severe criminal actions to be taken for escaping such culprits.  As the consumer for a is based on dealing of consumer cases and based on summary procedures the present case requires volume of evidences , examinations and cross examinations and proper criminal actions, hence the case is dismissed with no costs with liberty to file his case in the proper court of law.

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 21^st day of September’ 2016, copy of this order shall be communicated to the parties 

I Agree,               

S.K.Ojha,Member            S.L.Behra. President

Dictated and corrected by me,

S.L.Behra, President