Delhi

North East

CC/248/2023

Sh. Ajay Pal Singh - Complainant(s)

Versus

M/s Aviva Life Insurance Co. Ltd. - Opp.Party(s)

25 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 248/23

 

In the matter of:

 

	Sh. Ajay Pal Singh S/o Sh. Ramesh Chand, R/o E-115, Gali East Babarpur, Shahdara, North-East, Delhi-110032	Complainant
	Versus
1.         2.	M/s  Aviva Life Insurance Ltd. Regd. Office 401-A, 4th Floor, Block A, DLF Cyber Park, Sector 20, NH 08, Gurugram, Haryana-122016,   M/s BFSI Insurance Broking Pvt. Ltd. Regd. Office Flat No. 907 9th Floor, Surya Kiran Building-10=9, K.G. Marg, New Delhi-110001	Opposite Parties

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

1. The case of the Complainant is that he received a call from an unknown no., wherein a person identifying themselves as a representative of Max Life Insurance inquired about policy updates and the Complainant has revealed details about the existing Max Life Insurance policy and was subsequently informed that complaint would be lodged with a given registered complaint ID. Complainant subsequently received a call from an individual identifying themselves as Alok Mehta, who claimed to be from Max Life Insurance’s accounting department and he convinced the Complainant to initiate a policy transfer to Aviva Life Insurance based on misleading information. The Complainant existing policy of Max Life Insurance which was supposed to be mature at Rs. 6,00,000/- in 2030 and had current  value of Rs. 2,25,000/- which he was told. The Complainant were offered Aviva life Insurance Policy presented by an alternative with promise of greater return. However, the true terms of the policy were not disclosed accurately. The Complainant initiated a fund of Rs. 28,670/- which was deducted from his credit card without his explicit consent, the Complainant stated that he was assured that Aviva Life Insurance Policy was presented as new and agent-free, yet the details indicate the involvement of Opposite Party No.2 in the issued policy bearing no. 10523531 and, a substantial amount has been paid towards as commission to the Opposite Party No.2 Just to get sale the policy. The Complainant wants the amount refunded of the unauthorized charges from his credit card, and a prompt return of the funds he transferred to Aviva Life Insurance. Complainant has also lodged complaint in the Police Station, Cannaught Palace regarding the unlawful activities of the Opposite Party No.2 and demands an immediate investigation into the unethical practices of the representatives involved, including Alok Mehta and Rajendra Shukla, to prevent further harm to potential customers.  
2. The Hon'ble Supreme Court of India in the matter of Civil appeal No. 7289 of 2009 titled as The Chairman & Managing Director, City Union Bank Ltd. & ANR Vs. R. Chandramohan dated 27.03.2023 it is held that:-

“The Proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving like fraud or cheating, could not be decided by the Forum/Commission under the said Act.”

3. In the present case, Complainant is alleged that he has been cheated by some officials of Opposite Party No.2. As per the law laid by the Hon'ble Supreme Court of India, the present complaint is dismissed with liberty to the Complainant to approach the appropriate Forum / Court in accordance with law.
4. Order announced on 25.09.23.

Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)         Member

(Adarsh Nain)       Member

(Surinder Kumar Sharma) President