DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL) ISBT KASHMERE GATE DELHI

CC/119/2019

No. DF/ Central/                                                                      Date

Mr. Bharat Chawla Advocate,

S/o Sh. JL Chawla, Advocate

90 & 91, Rajinder Nagar, Market                                                 …..Complainant

 VERSUS

ICICI Prudential Life Insurance Co. Ltd.           

(Registered Office)

ICICI Prulife Towers,

1086, Appasaheb Maratha Marg,

Prabhadevi, Mumbai – 400125

ICICI Prudential Life Insurance Co. Ltd.

E-1, 6^th Floor, Videocon Tower.

Rani Jhansi Marg, Jhadewalan Extn.,

New Delhi-110055                                                                 .….Opposite Parties

Quorum  : Ms. Rekha Rani, President                    

                Ms. Manju Bala Sharma, Member

                 Dr. R.C. Meena, Member

ORDER

Ms. Manju Bala Sharma, Member

1. Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act alleging therein that complainant took a policy from OP with yearly premium of Rs. 50,000/- and the date of commencement of the policy was 14.01.2010 whereas agent of the OP had filled the form with the date of commencement as 11.11.2009 along with the first premium vide cheque no. 619006 dated 11.11.2012 of Rs.50,000/-.  The date of the first premium on the application is 13.11.2009 in his own handwriting and also forged the signatures of the complainant on the said application form.  It is further alleged that after noticing defects and the forgery by the OP, the complainant made several requests to the customer care centre of the OP for the cancellation of the above said policy within free look period and return the first premium cheque but OP refused stating that the cheque has been credited into the account of OP and the policy cannot be cancelled however the complainant was assured by the customer care centre of OP that the policy can be surrendered after completion of 3 years with the assurance that no charges shall be levied for surrendering the said policy at that time.  On 31.10.2013, complainant sent a letter surrendering the above said policy but OP1 never bothered to reply the said letter.  Complainant sent a legal notice on 04.08.2014 but no response.  On 07.11.2015 complainant received a telephonic call from Ms. Geeta, employee of OP referring to complainant’s notice dated 04.08.2014 and confirmed that the premium amount shall be refunded after normal deductions but no response has yet been received from OP.  Complainant prayed that OP be directed to pay and compensate the loss of Rs. 3,73,789/- suffered by the complainant and also to disclose the agent’s name and initiate criminal proceedings against the said agent and OPs for having committed forgery with the complainant.
2. We have heard the complainant in person and perused the case file.
3. Perusal of the case file shows that in Para 4 of the complaint as well as in prayer clause 2 of the complaint, complainant has alleged that OP has forged his signatures on the application form and also prayed that OP be directed to disclose the agent’s name bearing agent code no. 987239 of branch VD10; FSM/FSC Code 00865729 and initiate criminal proceedings against the said agent and OP for having committed forgery with the complainant U/s 463, 464 and 468 IPC 1860 during the sale of the insurance by the said agent.
4. Admittedly, the Consumer Forum deals with the complaint in a summary proceeding, where cases involve a great deal of evidence, the same cannot be adjudicated upon by the Forum and for this the complainant has to approach the civil court where elaborate procedure including recording of evidence is followed.
5. In case titled Punjab Lloyd Ltd. Vs Corporate Risks India Pvt. Ltd. (2009) 2 SCC 301, it was held that the complicated question of law should be decided by the regular court. In another case titled LIC & Ors. Vs Surinder Kaur & Ors. Civil Appeal No.5334 or 2006 (Arising or of SLP (c) No.17866 of 2005) decided by Hon’ble Supreme Court of India on 01.12.2006, it has been held that complex question of facts cannot be decided by the consumer forum under the Consumer Protection Act and such issues can be subject matter of regular Civil Court.
6. In view of the above discussion, we are of the considered opinion that the present complaint involves complicated question of forgery which require elaborate oral and documentary evidence and the examination of the witnesses for the proper disposal of the matter.  The proper forum for adjudication of the present complaint is Civil Court.  Consumer Protection Act being the special Act where only summary proceedings are taken up and as such the adjudication of the present complaint is beyond the scope and jurisdiction of this Forum.   We are of the opinion the present complaint cannot be adjudicated by way of summary proceeding.  Hence, the same is dismissed with liberty to the complainant to approach the Civil Court as per law.  Copy of the order be sent to the parties as per rules.   File be consigned to record room.

           Announced on this             Day of                        2019.