JUDGEMENT

          Complainant by filing this complaint has submitted that complainant after completion his study just to bare survival of his family started a small business and simultaneously was seeking for a capital so that he could able to develop his said business which was practically the sole income of his family.  Complainant was searching for loan which will easy to get and will not be hardship to him when at that relevant point of time one of the staff of the Op No.3 contacted this complainant and approached an exciting loan offer some time in the first part of 2013.  But to know the pros and cons of the offer in question the said officials and the complainant along with his another friend namely Sajal Sen sat together and at that relevant point of time said official of op no.3 convinced to take a policy to get their desired loan and also stated that it is a unique offer for the limited person.

          Initially complainant and his friend were not convinced and rather reluctant to take the same but at that time said official assured that op no.3 will take whole responsibility to get his desired loan and also stated that it is the offer of the ops that one can get their expected loan if a person invested 10% of its loan amount in policy and ultimately being convinced and satisfied by the representation made by the op no.3 this complainant agreed to take policy from the op no.3 and accordingly this complainant took a policy from the op no.3 and deposited a sum of Rs. 74,961/- only for the said policy and at that time the official of op no.3 assured that the complainant can get his desired loan upto Rs. 7,50,000/- only and also assured that the complainant can get the same within a very short span of time.

          Complainant being an unemployed youth for the upliftment of his business relied upon his such sort of version and paid said amount of Rs. 74,961/- and at the time of taking policy complainant enquired about the issuance of the policy when official of op no.3 in a very casual manner stated that it is not the prime factor to get the loan and by the way somedays lapsed and suddently the said official of op no.3 came to the complainant and very politely stated that complainant has to take another policy for getting the required amount of loan and it is very necessary as per their regulation.  But it was very hardship to take another policy but the complainant was in very stake condition and finally need for loan.  So, complainant again relied upon the op and finally paid Rs. 30,000/- under compelling circumstances.

          Thereafter it is found that they stated that such matter is in progress but no fruitful result came out.  Subsequently op no.3 again came to the residence of this innocent complainant and stated that there are some mistakes for loan in question yet to be disbursed in view of the fact as per regulation for rural section and as this complainant belongs to rural section, complainant had to invest little bit excess amount than the urban section, as to get the desired loan so the complainant had no other option but to invest further amount of Rs. 37,000/- for getting another policy.  Anyhow after that no loan was sanctioned and complainant again tried to contact with the ops and also rushed to the op no.3 but in every occasion op no.3 duped the complainant and ultimately started to avoid the complainant day by day.  At this stage complainant tried to contact with official of op no.3 namely Ranjan Das but he did not receive the phone call of the complainant. 

          Thereafter complainant rushed post to pillar for his redressal or rushed to the op no.3 and lodged a complaint on 03.09.2013 but nothing had been done and no response has yet been given by the op.  In the above circumstances in the middle part of February-2014 complainant rushed to the op no.2 and with folded hand requested to take appropriate steps so that complainant could refund the policy amount.  But op no.2 at the material point of time behaved very rudely and refused to take any action in respect of the refund the policy amount  of Rs. 1,42,500/- and complainant at that time wanted to surrender the said policies and practically told about the entire fact.  But subsequently op no.3 by a letter dated 17.12.2013 stated that complainant voluntarily availed of the said policy and nothing more than that and it is not possible to refund the same.  In the above circumstances complainant filed this case for redressal as he has been deprived by the agent of the op and for their unfair trade practice complainant has suffered for which complainant has prayed for redressal.

          On the other hand op nos. 1 & 2 by filing written statement submitted that there was no deficiency in service on the part of the insurer.  So, the present complaint is not maintainable and the story as alleged in the complaint is concocted one and in such a manner op nos. 1 & 2 are not responsible for the same because policy was issued based on the duly filled and signed proposal form which is just and legal.  Moreover the complainant did not take such a step for cancelling the same within 15 days period for which there was no scope on the part of the op nos. 1 & 2 to consider their proposal. 

          It is further submitted that insurance company is not obliged to any correspondence dated 17.12.2013 between the complainant and op no.3 as alleged and further it is submitted that it is unjust and illegal on the part of the complainant and present complaint is frivolous, vexatious and for which this complaint should be dismissed.

          Further on behalf of op no. 3 (Bulls Brothers Wealth Management Pvt. Ltd.) a separate written statement is filed in which they stated that the entire allegation is completely false and fabricated and they never told the complainant that he can get the desired loan upto Rs. 7.50 lacs after taking policy of Rs. 74,961/- and subsequently that op no.3 had allured the complainant or expressed their any mercy for their any fault etc and practically op no.3 assured the complainant to provide the policy not the loan amount and the story of avoiding the complainant by op no.3 and their official is false and fabricated.

          Moreover against the letter of the complainant dated 03.09.2013 op no.3 sent a reply vide its letter dated 17.12.2013 and clearly stated in his letter that the complainant voluntarily availed of the said policy from the op no.3 and no material point of time op has assured the complainant about the loan and practically op no.3 denied all allegations and as per allegation there was no deficiency and they have not adopted any unfair trade practice for which the complaint should be dismissed.

                                                   Decision with reasons

In this particular case admitted position is that op no.3 or their officials have their office at Salt Lake City. Sector-V, Kolkata-91and complainant’s residence is at Village-Galsi, Burdwan.  Though fact remains op nos. 1 & 2 have their branch office at Burdwan but no agent or staff or officer of op nos. 1 & 2 went to the complainant for selling the policy.  Truth is that complainant just completed his study and tried to engage himself for opening a business and for which he started a stationery business to save his family from financial stringency and practically that is the sole income of his family and it is also truth that complainant is an unemployed youth who engaged himself in his business for earning his livelihood.  After considering the argument of the Ld. Lawyers of both the parties and also the entire nerves of the whole episode, it is clear that complainant was allured by op no.3 officials if he wants to get loan insurance policy is required to be opened and this type of business is also being done by SBI life and some other private insurance companies and for that purpose the private insurance companies have engaged broker, agents and dalals and they are practically fitted by the private insurance companies only for the purpose of selling their different type of long term policies without giving any chance to the insured to know about the benefit in respect of the policy or etc.  But in this case op no.3 has failed to prove for what reasons their employees and officials went to that village and what type of paper they collected from the complainant that he realized about the content of the said insurance policy.

          But invariably there was allurement for getting loan.  Otherwise there was no chance on the part of the complainant to open such policy one after another.  But any prudent and responsible man shall have to believe that in urgent financial need how the present complainant lost his all sense only for getting such loan for the purpose of his first business.  In the present case no doubt it proves that complainant was allured by the staff of op no.3 and for which he deposited such amount at first for getting loan living in such a remote village of Galsi at Burdwan and invariably a very poor person like the complainant shall not have to purchase such a policy to bear huge financial burden for its payment years together and he deposited the same willingly.  In this case from the application, it is clear that the signatures were only collected by the op no.3 and officials and everything was prepared by the op no.3 and that was submitted.  But invariably we are convinced that this practice is continued by such sort of cheater, brokers like op no.3 and such sort of cheaters, brokers are appointed by the private insurance companies in West Bengal and the present situation of poor people of West Bengal is very much serious and fact remains Reliance, Bajaj, Max Life Insurance, Royal Sundaram and some other private insurance companies are being run by the so called cheater, dishonest brokers and companies’ agent and they are loitering in the remote villages knowing fully well that the village people are very simple and they only try to read pulse of the villagers and as and when the villagers are in need of money they adopt such policy to take money and open one after another policy and in this case no doubt this agent of op no.3 and his officials adopted unfair trade practice and giving no chance to the complainant to realize what would be the fate if the policy is opened in future, not only that this op no.3 did not state any way in the written statement that they were satisfied about the financial condition of the complainant and complainant in a form in writing gave consent to that or complainant himself filled up the form.  But truth is that op no.3 is a renowned cheater in West Bengal and they have spreaded their business agent at different villages even up to North Bengal and Siliguri and in such manner they collected money and people at large are being cheated by op no.3 and this op no.3 is well known dishonest brokers of the op nos. 1 & 2 and op nos. 1 & 2 cannot run their business without the dishonest brokers agent etc because there is no other option of the insurance companies but to collect premium daily and that is their capital on the basis of which the insurance companies are being run.

          Fact remains in the present case op nos. 1 & 2 have not denied the status of op no.3 and their relationship in between the op nos. 1 & 2 and 3 and admittedly op no.3 is dishonest brokers of the op nos. 1 & 2 and op no.3 by getting such licence from op nos. 1& 2 have spreaded the dishonest practice and in such a manner they are throwing the poor people in the dustbin and they are squeezing money of the poor sections of people at least one time at the time of opening the policy and this practice has been adopted in this case by op no.3. Fact remains this op no.3 included a false telephone number in the application form only for the purpose to avoid the complainant and this practice is practiced in all the cases by the op no.3 and that type of bulls are all over India who have their no social responsibility or moral trade or honest business.  But it is their business anyhow to squeeze money to collect money from poorer section of people of remote villages and to open a policy and against that this dishonest bulls have covered the entire market of India and they are collecting it at once for that it is found that their malpractices is caught by villagers, they never entered into that villages.  When they entered into another area and continue to allure the people and collect.  Practically for laches of consumer movement in West Bengal and also for ineffective attitude of the various Forum, this practice has been continued by the so called agents.  But in reality they are cheater, gambler in all sense.  They are deceiving the small depositor (poorer section of people) in such a manner.  They deceive the poor customers and to collect premium thereafter they are not there and in the present case no doubt op no.3 and their officials only collected the signatures of the complainant in application and thereafter they filled up the same by adopting so many procedure and supply it to the office of the op no.3 who have practiced unfair trade practice.  Now the question is whether the op nos. 1 & 2 are responsible for that and in this context it is to be mentioned that everywhere it had been done by the agent on behalf of the op nos. 1 & 2.  So op nos. 1 & 2 are equally responsible for the overact of the agent.  But in the present case op nos. 1 & 2 tried to convince that they are not aware of such conduct of adopting such business by the op no.3.  So for agent op nos. 1 & 2 cannot be anyway avoid accused for any deficiency or negligence and in this case op nos. 1 & 2 have tried to discharge their liability shifting upon the op no.3.

          For the sake of argument if it is accepted that everything was done by the op no.3 the agent of op nos. 1 & 2 then invariably there is liability on the part of op nos. 1 & 2 to answer why their agent has cheated the complainant.  Fact remains everywhere no meeting, no conversation, no convincing work about the fate of the insurance is discussed in between the complainant and the op nos. 1 & 2, then everything was done by the op no.3 on behalf of the op nos. 1 & 2.  Then invariably op nos. 1 & 2 are equally liable for that.  In this case particularly it is proved beyond any manner of doubt that op no.3 sold away such sort of 3 items by convincing the complainant that the loan shall be released subject to such payment on different occasion what they stated and no doubt complainant people of remote village of Galsi was invariably allured by such sort of unfair trade practice as adopted by the ops and for which the complainant has been deceived by the op no.3 on behalf of the op nos. 1 & 2 because op no.3 is agent of op nos. 1 & 2.

          Now the question is whether op nos. 1 & 2 are satisfied about purchasing of the said policy by the complainant knowing fully well of the future of the said policy and whether complainant was convinced about his liability regarding such opening of the policy.  In this respect op nos. 1 & 2 are silent and even op no.3 is also silent.  Then it is clear that op no.3 with ill motive and to spread his business and to collect premium anyhow went to remote village at Galsi and another factor is that the complainant was not given any chance to talk with the local office of Bajaj Allianz at Burdwan.  No official was deputed on the part of the op nos. 1 & 2 on behalf of op no.3 to realize whether complainant realized the future fund of the present matter or whether loan was at all be granted by them.  But all the above alluring matters were completely falsely stated by the ops and complainant was in darkness.  But as he was in need for loan, he relied upon all sorts of quiddity of the ops and ultimately he was found deceived and failed to get any loan.  It is not the first time that op no.3 adopted such procedure.  But in all earlier occasions also the agent and brokers of the private insurance companies have cheated so many persons and this Forum has handled such cases and it was detected that a huge premium is being collected from the poor persons who have no financial capacity and has no income also and ultimately those consumers are deceived by the so called dishonest cheater agent, brokers, dalals of the private insurance companies like Bajaj Allianz etc.  It is true that private agent and brokers and dalals are appointed by the private insurance companies and they are loitering in the villages till now.  But for want of proper consumer movement and for want of proper check up this business is being run.  But in this respect it is to be mentioned that one after another private insurance companies are being opened and they are appointing so called dishonest brokers, dalals, agents with a hope to give more commission the said dishonest agents, dalals are being appointed and for which at present in West Bengal Aviva Life has lost his market completely and it is not the Forum’s expression but the truth is that within coming financial year Aviva Life shall be abolished.  This is the position of the private insurance companies.  There is no doubt to say if dalals, dishonest agents and brokers are not deputed by private insurance companies their business shall not have to grow.  It is not the observation to this Forum but renowned American Economist of Consumer Economy by proper research have come to a conclusion that insurance policy is sold and for that reason seller (Insurance Co) are appointing such sort of agents, brokers and dalals because a simple person shall not have to accommodate his hard earned money direct to the private insurance companies’ office for purchasing an insurance policy.  It is to be mentioned in this regard for lack of our knowledge in consumer economy and consumer management and also about total business and trade policy of the financial institution and insurance policy we are not in a position to realize the market policy said trade and insurance is also a trade and it is not known to many person and fact remains in this case consumer/complainant is dropped in maize of internal business practice and such businesses are being continued by the dishonest dalals, agents and brokers and they are floating in the market daily and they are cheating the consumer, the consumers are appearing silently without any protest though they have their right to protest the present market involvement of traders and sellers or business men rule the customer but in reality they are cheating the poor consumer in such a manner and op no.3 is pioneer in the field of West Bengal and invariably for the overact and for adopting unfair trade practice complainant has been deceived by the op no.3 the agent of op nos. 1 & 2 and in opening 3 policies it was done by the op no.3 without giving any chance to the complainant to realize the fate of the policy or his liability in future about payment of premium etc and about any payment of loan.  Op No.3 and their all staff are cheater which is proved in this case.  When the cheater agent has opened the same and everything was done by the op nos. 1 & 2 on the basis of submission of such application only with signature of the complainant then it is the duty of the op nos. 1 & 2 to cancel the agency of op no.3 at first.  No doubt prior to filing of this case complainant went to op nos. 1 & 2 but they are continued their trade of selling policy but they have their no moral responsibility.  They ought to have consider the entire after noticing the overact and dishonest business practice of the agent of op no.3 but that was not considered only they stated that the policy was not cancelled within 15 days and for which they have nothing to do but that is not the policy of the IRDA in the year 2010-12 in so many order if any insured does not want to continue the policy after deposit of one premium the policy shall be treated as automatically lapsed and in that case the premium amount shall be returned after deducting 5/10% out of them because the premium amount is not the capital of the insurance policy in respect of this policy which is already lapsed when the insurer does not want to continue the policy.

          Now the op nos. 1 & 2 have tried to produce legal friction.  But truth is that in this case op nos. 1 & 2 with the help of that dishonest cheater agent is continuing their push shell business till now.  Op nos. 1 & 2 must have to show their social and moral responsibility in dealing with the business at first and they shall have to cancel the present op’s agent ship at first because he is a cheater business man, who (op no.3) is running the dishonest trade for squeezing money from the poorer sections of the people.  They are selling the goods of insurance policy of the op no. 3 with the license of op nos. 1 & 2 but ultimately they are cheating the public at large then it is proved that op nos. 1 & 2 are supporting the op no.3 in this regard to continue such unfair practice.

          Considering the whole aspect and prayer of the complainant it is found that the complainant already prayed to the op nos. 1 & 2 to cancel the said 3 policies but we are sure that op nos. 1 & 2 are bound to refund the premium amount treating it as cancelled or lapsed when it has not been continued by the complainant and premium amount can not be eaten by the insurance company under any circumstances.  But it is their moral and social duty to refund the same after deducting 5/10% without any further delay.  In this context it is to be mentioned that in one case of National Commission has directed Bajaj Allianz to refund the premium amount after certain deduction.  But it has not been complied by the Bajaj Allianz for which further complaint is filed before this Forum which is pending and op nos. 1 & 2 are violating the order of National Commission also and running their business.  It is the approach of op nos. 1 & 2 and it is their only intention to collect the premium and deposit in their account but in respect of policy which is cancelled they shall have to pay and return the money because it is not their capital.  If the social and moral responsibility of op nos. 1 & 2 would be shown in that case when the complainant made allegations to the op nos. 1 & 2 and ventilated the grievance to op nos. 1 & 2 immediately they can resolve the matter by giving such redressal by returning the said amount after deducting 5/10 % because initially at the time of opening the policy complainant already deducted Rs. 218.45 paisa as service tax, Education Cess Rs. 65.44 paisa etc.

          In the light of above observation we are convinced to hold when the complainant does not want to continue such a vexatious policy when he had no intention to open but he being misguided and deceived by the op no.3 deposited the same invariably all these 3 policies shall be treated as cancelled and op nos. 1 & 2 shall have to return and refund the said amount after deducting 5/10 % of the amount when previously at the time of opening some amount had been deducted and same shall be paid by the op treating all the 3 policies as cancelled.  Considering the conduct of the op no.3 the dishonest cheater agents of the op nos. 1 & 2 and for deceiving the complainant by the op no.3, op no.3 shall have to pay compensation to the poor complainant for deceiving the complainant in such a manner and no doubt complainant is entitled to get back the amount beyond any manner of doubt for which the complaint succeeds.

          Hence, it is

                                                               ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against op nos. 1 to 2 and same is allowed with cost of Rs.10,000/- against op no.3.

          Op nos. 1 & 2 shall have to refund Rs. 1,42,500/- after deducting 5% out of the complainant’s 3 nos of policies treating it as cancelled as it was procured by the op no.3 under duress and practicing fraud and it must be paid to the complainant by the op nos. 1 & 2 within one month from the date of this order.

          For adopting unfair trade practice and for deceiving the complainant in such a manner by the op no.3 and for running a cheating business of the agents and for deceiving the people at large and also for harassing the complainant and for causing mental pain and agony to the complainant, op no.3 is hereby directed to pay a compensation of Rs. 40,000/- to the complainant within 15 days from the date of this order.

          For adopting unfair trade practice and also for running cheating business by deceitful manner and for deceiving the people at large in such a manner and only to control the same and for adopting unfair trade practice by op no.3, he (op No.3) is imposed penal damages of Rs. 50,000/- and same shall be deposited to this Forum’s account within 15 days from the date of this order.  Ops are directed to comply the order within 15 days from the date of this order failing which for non-compliance of the same penal action shall be started and for that further penalty and fine may be imposed and for disobeyance of the Forum’s order Op nos. 1 & 2  and also op no.3 shall pay penal interest @ Rs. 100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.