This is a claim petition made by one Rajat Kanti Sen, S/o Lt. Prabitra Krishna Sen, residing at 18, Kazi Para Road, “Ruprashi Apartment”, P.S. Parnashree, Kolkata – 700 060 against Reliance Life Insurance and The Manager, Reliance Life Insurance having its office at 39A, Harish Mukherjee Road, 2nd floor, Mallick Court, P.S. Kalighat, Kolkata – 700 025, praying for a direction to return Rs. 37,500/- with interest and to pay a sum of Rs. 20,000/- as compensation and another sum of Rs. 10,000/- as litigation cost.
Facts, in brief, are that Complainant searched an website, Quiker.com for a personal loan/mortgage loan and sent request along with other details through the said website. The OP No. 2, having seen the said information, made contact with the Complainant over phone and subsequently sent one agent, namely, Abhishek, who introduced himself as an agent of Reliance Life Insurance and Home Loan. After introduction and some preliminary discussion, the said agent demanded some documents from the Complainant. Thereafter, said Abhishek, along with another agent, namely, Bikash Shaw visited Complainant’s place to collect the desired documents and told that the personal loan has been sanctioned by Reliance Finance from their Kolkata Office situated at Visan Eye Care, 5th floor, Salt Lake, Sector I, beside City Centre and asked the Complainant to pay Rs. 25,000/- in order to get the loan sanctioned. So, Complainant issued one account payee cheque for a sum of Rs. 25,000/-, drawn on UBI, Golpark branch It is stated that the said agent took another sum of Rs. 12,300/- from the Complainant in cash and signed on a company voucher, namely, V.S. Enterprise, situated at 18, Kazi Para Road, Parnashree, Kolkata – 700 060. Thereafter, the OP No. 2 gave one repayment schedule. The OP No. 2 further assured the Complainant that the said loan amount would be credited to his account within 7 days. However, the Complainant instead received one insurance policy from the Reliance Life Insurance Company Ltd., being policy no. 52378532. According to said certificate, the Complainant was required to pay Rs. 25,000/- p.a. After receiving the said policy certificate, the Complainant lodged one written complaint and requested the OP No. 2 to cancel the policy and refund the said amount which has been taken by the OP No. 2 misleading the Complainant. However, the OPs developed cold feet in this regard. So, finding no other alternative, the Complainant filed this case.
OPs file WV and denied all the material allegations of the Complainant. Further, they denied receiving any cash from the Complainant. Citing some decisions, and disputing the status of the Complainant as consumer, they questioned the locus standi of the Complainant to file this case. So, OPs prayed for dismissal of the complaint with costs.
Decision with reasons
Complainant filed Affidavit-in-Chief, where he has stated the facts mentioned in the complaint. Against that, OPs filed questionnaire, wherein they have stated that the Complainant paid Rs. 25,000/- for making the insurance and not for any loan. Complainant filed reply against the questionnaire of the OP. Thereafter, Complainant has filed written argument.
Main point for determination is whether the Complainant is entitled to the reliefs as prayed for, or not.
Admittedly, OPs received a sum of Rs. 25,000/- from the Complainant. However, there remains a dispute as to the real cause of giving such money by the Complainant to the OPs - according to the OPs, the said amount was exclusively meant for purchasing an insurance policy. However, such fact is stoutly denied by the Complainant stating inter alia that he gave the money at the behest of agents of OPs, who convinced him to cough up the money as security deposit.
Now the question survives, whether the Complainant willingly gave the money for taking an insurance policy or he was deceived by the agents of the OPs, as alleged.
Complainant has filed host of documents in support of his claim, including complaint letters, GD copy, loan application forms duly signed. It appears from the complaint letter dated 29-10-2015 that the Complainant strongly protested the alleged mischievous act on the part of the agent of the OPs. Any person of reasonable prudence would find it hard to believe that one would change his mind in such a short notice and take up the matter full throttle with the Insurer to get back the deposited money.
While an allegation has been made against the agent of the Insurance Company, in order to unearth the inherent truth and also to do justice to the repudiation/goodwill OPs have before the public at large, it was but natural for the OPs to cause due enquiry into the matter. However, no document is placed from the side of the OPs to show that they treaded such path. Further, the menace of misspelling of insurance products by insurance agents are so rampant that IRDA has to formulate due regulation in this regard.
That apart, one wonders, if the Complainant was only interested to opt for an insurance policy from the OP Insurer, why he would sign the loan application form.
Therefore, on due consideration of the above facts and careful scrutiny of the documents on record, we are of opinion that the Complainant has been deceived by the agent of the OPs. It is the settled position of law that for any act of omission or commission on the part of the agent the principal company, here the OPs, should be vicariously held liable. As such, we are of view that, the OPs should refund the entire deposited money in respect of policy no. 93358782/52378532, i.e., Rs. 25,000/- to the Complainant.
However, although it is claimed by the Complainant that he paid another sum of Rs. 12,300/- to the agent in cash, in absence of cogent documentary proof thereof, we are not inclined to award this amount in his favour.
Further, taking into consideration the facts and circumstances of the case, we hold that the OPs should also pay compensation and litigation cost to the Complainant.
Hence,
O R D E R E D
that CC/10/2016 be and the same is allowed on contest in part against the OPs. OPs are directed to refund Rs. 25,000/- within two months from the date of this order, i.d., the amount shall carry an interest @ 12% p.a. after two months till full and final payment is made. OPs are also directed to pay another sum of Rs. 10,000/- to the Complainant as compensation and Rs. 5,000/- as litigation cost within this period, i.d., this amount shall also carry interest at the same rate as stated above.
