DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 321/2018
Date of Filing: Date of Disposal:
07.08.2018 21.08.2018
Complainant/s :- 1. Mr. Chandra Narayan Basu Roychoudhury,
S/o Late Sudhir Kumar Basu Roy Choudhury,
33/2 Bediapara Lane, P.O- Bediapara,
P.S- Dum Dum, District- North 24 Parganas,
Kolkta- 700077
=Vs=
O.P/s:- 1. The Branch Manager,
Bharti AXA life insurance company Ltd.
Unit No- 602, 6th floor Raheja Titanium,
off Western Express highway Goregaon (E),
P.S- Vanrai, Mumbai- 400063
2. The Branch Manager,
Bharti AXA life insurance company Ltd.
Unit India House, 6th Floor, (69, Kolkata), 6,
Ganesh Chandra Avenue, Bow Barracks,
P.S- Boubazar, Kolkata- 700013, West Bengal
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ………………………Member.
Final Order
This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs.
Today is fixed for hearing on the point of its admissibility. During hearing it is noticed by us that life has been insured of the daughter and son of the present Complainant, nor the life of the Complainant. It is alleged that though the agent of the OP was told to insure the life of the Complainant, but the OP had issued policy certificates insuring the lives of the daughter and son of the Complainant. But this complaint is initiated by the person in whose name policies were not issued. The daughter and son of the Complainant in whose names the policies were issued, they did not file any complaint petition before the Consumer Forum. Therefore as the daughter and the son of the Complainant are being the consumers, they are at liberty to file complaint, if necessary. But in no manner the present applicant can be termed as ‘Consumer’ within the purview of the definition of ‘Consumer’ as enumerated in the Consumer protection Act, 1986.
Cont………………….2
:2:
During hearing the ld. Counsel for the Complainant has further submitted that the OPs have forged the signatures of the daughter and son of the present application in the policy documents. In our view in case of any forgery or cheating, if happened, the Consumer Forum cannot try with the said complaint. In that case the Complainant should approach before the competent Court.
Going by the foregoing discussion hence it is ordered that the complaint is dismissed being not maintainable and without being admitted.
However the Complainant is at liberty to approach before the appropriate Court/Forum/Commission, if not barred otherwise.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member President
Dictated and corrected by
