The case of the complainant in short is that complainants are by relation wife and husband, the 1^st complainant is wife and the 2^nd complainant is husband. Complainants have approached to Axis Bank on 31.8.08 to open one T.D. A/C for Rs.1,80,000/-. Mrs. Sushmita Mitra, executive, attended and at once diverted it into Metlife’s Insurance Policy and introduced to Mr. Sanjay Chatterjee, FPC (Financial Planning Consultant) of Metlife Ind. Ins. Co. Ltd. who acted strongly instrumental in this matter by luring and guaranteeing with fake attractive schemes for Met Smart Plus Policy.

           Complainants are told about the partnership agreement between two o.ps. by signing a memorandum of understanding (MOU) in which have one clause for sharing the percentage of profit by selling insurance products at  Axix Bank’s compound. Three executives of o.ps. Mr. Sanjay Chatterjee FPC and the Sales Manager of the Metlife Ind. Ins. Co. Ltd. and Mrs. Sushmita Mitra – co-ordinator of Axis Bank Ltd., secretly formed a scrupulous FRAUD RACKET TEAM to function together with adjustments. The modus operandy of this team is to boost-up sales by means of alluring, duping, not showing printed booklet, fake terms and schemes, quick sanctioning, forging application forms after signature etc. of the consumers who suffer at the end.

           Mr. Sanjay Chatterjee – FPC and Mrs. Sushmita Mitra – coordinator of the o.ps. have lured and duped the complainants with Met Smart Plus Policy by issuing a HANDNOTE dt.2.4.08 with following attractive 4-fake schemes for the policy holder which was signed by the FPC, an authorized signatory of Metlife Ind. Ins. Co. Ltd. in presence of Mrs. Suchmita Mitra.

“a) Pay premium Rs.60,000.00 per year for 3 years and stop.

 b) No. premium to pay further.

 c) Partial Withdrawal Rs.1,20,000.00 after 36 months, keeping Rs.60,000.00 as min. balance.

 d) Get Rs.6 lacks after death or maturity whichever is earlier”.

           Complainants, through Axis Bank Ltd. have paid yearly premiums / charges on compliance of various formalities, including guaranty / surety provided, out of which each of the o.ps. have earned their individual percentage of money from premiums as per the agreement memorandum of understanding (MOU) which is also stands here as a consideration paid for the purpose of availing facilities for the Met Smart Plus Policy and both the o.ps. are to render services against such consideration.

           Both the o.ps. at the beginning of application form fill up, were moving behind a shroud of secrecy on vital two columns of SL. No.1.10 (Education) and SL. No.1.14 (Source of income-details) which they intentionally kept blank and filled up rest of the columns with signatures and date by the applicant and witness by Mrs. Sushmita Mitra on behalf of Axis Bank Ltd. on 18.4.08.

           Both the o.ps. without consent of the applicant by keeping him in the dark, have forged two pre blanked columns of SL. No.1.10 and SL. No.1.14 with fictitious disclosures of materials fact and circumstances by misrepresenting the applicant herein the complainants, as “Graduate Proprietor of Banerjee Construction at 175-Anandapalit Road, Kolkata-700014 (non existence), Nature of work-construction, Business-30 years and yearly income Rs.3.4 Lacs” etc. instead of real and actual status of the applicant who is a simple housewife with zero income which were told to the o.ps. at the time of keeping blanks on SL. No.1.10 and SL. No.1.14 of the application form which was ignored.   Both the o.ps. have committed an offence by violating the Insurance Act, 1938 and IRDA rules. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

           We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainants are by relation wife and husband, the 1^st complainant is wife and the 2^nd complainant is husband. Complainants have approached to Axis Bank on 31.8.08 to open one T.D. A/C for Rs.1,80,000/-. Mrs. Sushmita Mitra, executive, attended and at once diverted it into Metlife’s Insurance Policy and introduced to Mr. Sanjay Chatterjee, FPC (Financial Planning Consultant) of Metlife Ind. Ins. Co. Ltd. who acted strongly instrumental in this matter by luring and guaranteeing with fake attractive schemes for Met Smart Plus Policy. And complainants are told about the partnership agreement between two o.ps. by signing a memorandum of understanding (MOU) in which have one clause for sharing the percentage of profit by selling insurance products at  Axix Bank’s compound. Three executives of o.ps. Mr. Sanjay Chatterjee FPC and the Sales Manager of the Metlife Ind. Ins. Co. Ltd. and Mrs. Sushmita Mitra – co-ordinator of Axis Bank Ltd., secretly formed a scrupulous FRAUD RACKET TEAM to function together with adjustments. The modus operandy of this team is to boost-up sales by means of luring, duping, not showing printed booklet, fake terms and schemes, quick sanctioning, forging application forms after signature etc. of the consumers who suffer at the end.

           We further find that Mr. Sanjay Chatterjee – FPC and Mrs. Sushmita Mitra – coordinator of the o.ps. have allured and duped the complainants with Met Smart Plus Policy by issuing a HANDNOTE dt.2.4.08 with following attractive 4-fake schemes for the policy holder which was signed by the FPC, an authorized signatory of Metlife Ind. Ins. Co. Ltd. in presence of Mrs. Suchmita Mitra.

“a) Pay premium Rs.60,000.00 per year for 3 years and stop.

 b) No. premium to pay further.

 c) Partial Withdrawal Rs.1,20,000.00 after 36 months, keeping Rs.60,000.00 as min. balance.

 d) Get Rs.6 lacks after death or maturity whichever is earlier”.

           It is seen from the record that complainants, through Axis Bank Ltd. have paid yearly premiums / charges on compliance of various formalities, including guaranty / surety provided, out of which each of the o.ps. have earned their individual percentage of money from premiums as per the agreement memorandum of understanding (MOU) which is also stands here as a consideration paid for the purpose of availing of facilities for the Met Smart Plus Policy and both the o.ps. are to render services against such consideration.

           It is also seen that both the o.ps. at the beginning of application form fill up, were moving behind a shroud of secrecy on vital two columns of SL. No.1.10 (Education) and SL. No.1.14 (Source of income-details) which they intentionally kept blank and filled up rest of the columns with signatures and date by the applicant and witness by Mrs. Sushmita Mitra on behalf of Axis Bank Ltd. on 18.4.08.

            It transpires from the record that both the o.ps. without consent of the applicant by keeping him in the dark, have forged two pre blanked columns of SL. No.1.10 and SL. No.1.14 with fictitious disclosures of materials fact and circumstances by misrepresenting the applicant herein the complainants, as “Graduate Proprietor of Banerjee Construction at 175-Anandapalit Road, Kolkata-700014 (non existence), Nature of work-construction, Business-30 years and yearly income Rs.3.4 Lacs” etc. instead of real and actual status of the applicant who is a simple housewife with zero income which were told to the o.ps. at the time of keeping blanks on SL. No.1.10 and SL. No.1.14 of the application form which was ignored. Both the o.ps. have committed an offence by violating the Insurance Act, 1938 and IRDA rules.

            In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.p., no.1 and without cost against o.p. no.2. O.p. no. 1 is directed to pay Rs.1,30,000/- (Rupees one lakh thirty thousand) only towards balance amount to the complainants and is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.