Quorum: Mohd. Anwar Alam, President

                  Manju Bala Sharma, Member

ORDER                     Date:   26.04.2017 

 Mohd. Anwar Alam, President

1. The complainant filed this complaint on 17-02-2017 and alleged that  Sh. Rajiv Nigam called on mobile of complainant and introduced himself as Senior Manager of M/s Probus Insurance Brokers Ltd  and explained the classic assured plus insurance plan of  HDFC Life.  At the instance and persuasion of Mr. Nigam, Senior Manager the complainant made the payment of Rs. 1 Lac  in cash on 31.05.2016 for which  receipt no. S000049246845  was issued with an assurance that original receipt shall be sent along with the policy documents and they also took the original policy no. 184483811 with the assurance that the amended document will be issued in place of this old one.    Complainant made a complaint to the HDFC Life and an official of the HDFC Life told him that the company cannot help the complainant because the payment have been made in cash payment to someone who is not their employee. It clearly indicates that there is some link between the persons who cheated the complainant under the cover/ name of HDFC Life.  Hence complainant prayed that HDFC Life and M/s Probus Insurance Brokers may be summoned and tried for their act for covering the misdeeds of their employees by negligence and he further prayed that the insurance company  may be directed to issue the complainant a top of policy for Rs. 2,00,000/- along with benefits as assured by their agent/ representative or in the alternative OP3 be directed to refund amount of Rs. 1,00,000/- paid by the complainant for the top of the said policy and he also prayed for compensation for harassment and mental agony along with litigation cost.
2. On 12.04.2017 complainant was directed to file the original receipt of the premium deposited to the insurance company by him but he stated that he has no other receipt except the receipt annexed with the complaint.
3. Heard on the maintainability of the complaint and pursued file.
4. Complainant did not file any premium receipt deposited with the insurance company. Complainant filed letters of acknowledgements dated 17.08.2016 , 18.10.2016  and 17.01.2017  regarding policy no. 18448381. There is no consumer dispute related with this policy but the complainant alleged the dispute regarding classic plus insurance plan of OP.  There is nothing on the record related with this plan. As per acknowledgement dated 31.05.2016 annexed with the complaint itself clarified that :

• This is not a payment receipt but only a proof of the document received from you.
• If payment is not made by way of Cheque /DD, kindly make cash payment  at the HDFC Life Branch and collect your initial deposit receipt.
• This acknowledgment does not in any way constitute acceptance or commencement of risk.

In view of the facts mentioned above the  customer acknowledgement cannot be taken as the payment receipt to the HDFC Life. It is pertinent to mention herein that complainant did not comply the direction dated 12.04.2017 given by this forum to file the receipt of the premium deposited with the insurance company by him and there is no other relevant document regarding the deposit of premium amount with the insurance company for classic plus insurance plan opted by the complainant. It is further stated that this forum has no jurisdiction to entertain the complaints based on offence of cheating. 

5. Looking to the above facts and circumstances of this complaint we are of the opinion that the allegations made in this complaint are  not supported with the necessary documents and offence of cheating cannot be considered by this forum. Hence this complaint is not maintainable and dismissed accordingly.
6. Copy of this order be made available to the parties as per law. File be consigned to record room.

    Announced on this ………………