Order No.  12  dt.  08/08/2018

        The case of the complainant in brief is that the complainant no.1 got a phone call from o.p. no.2 insurance broker regarding Exide India Insurance Policies around the year 2015. The complainant no.1 was told over telephone by o.p. no.2 that the Exide India Insurance Policies were high return onetime premium policies with no lock in period i.e. the complainants had the liberty to withdraw the amount at any time as per the convenience. The complainant no.1 believed the o.p. no.2 and o.p. no.2 came at the house of the complainants and convenience the complainants that they should invest in the life insurance policies of o.p. no.1. The complainants believed the words of the agent and intended to buy insurance policies believing them to be onetime premium policies. The complainants paid the amount of Rs.14,91,300/- and the payment was made through demand draft as well as by cash. The complainant no.1 handed over some documents to o.p. no.2. The o.p. no.2 did not obtain the signature of the complainant no.1 and after some days the complainants received some policy papers by post and was astonished to see that the policies were all signed in his name and his family members. The complainants were shocked to see that all the signatures were forged on the said policies and the policies were not onetime premium by endowment policies for which the complainants would have to pay premium annually. The complainants became astonished and contacted the o.p. insurance company, but they did not pay any heed to the request of the complainants for refund the money for which the complainants filed this case praying for direction upon the o.ps. for refund of the money as well as compensation and litigation cost.

            In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

            The complainants in order to prove the case filed an affidavit on evidence whereby they stated that the complainant no.1 got a phone call from o.p. no.2 insurance brokers regarding Exide India Insurance Policies around the year 2015. The complainant no.1 was told over telephone by o.p. no.2 that the Exide India Insurance Policies were high return onetime premium policies with no lock in period i.e. the complainants had the liberty to withdraw the amount at any time as per the convenience. The complainant no.1 believed the o.p. no.2 and o.p. no.2 came at the house of the complainants and convenience the complainants that they should invest in the life insurance policies of o.p. no.1. The complainants believed the words of the agent and intended to buy insurance policies believing them to be onetime premium policies. The complainants paid the amount of Rs.14,91,300/- and the payment was made through demand draft as well as cash. The complainant no.1 handed over some documents to o.p. no.2. The o.p. no.2 did not obtain the signature of the complainant no.1 and after some days the complainants received some policy papers by post and was astonished to see that the policies were all signed in his name and his family members. The complainants were shocked to see that all the signatures were forged on those policies and the policies were not onetime premium but endowment policies for which the complainants would have to pay premium annually. The complainants became astonished and contacted the o.p. insurance company, but they did not pay any heed to the request of the complainants for refund the money for which the complainants filed this case.

            It also appears from the materials on record that in order to prove that the documents were forged the complainants sought for appointment of hand writing expert for comparing the signatures of the complainants along with documents in the custody of o.p. insurance company. The complainants also for the purpose of examination of signatures paid more than of Rs.5000/- to CID, Govt. of West Bengal and the complainants also issued notice to the insurance company for production of the original documents so that the documents can be compared with the signatures of the complainants, but insurance company did not appear and handover those documents, for which the complainants did not press for examination of hand writing expert in spite of payment of the amount to the concerned department. The evidence of the complainants has remained unchallenged wherefrom it appears that o.p. no.1 through its agent adopted unfair means and received the amount of Rs.16,38,027/- by making false assurance to the complainants that the amount would be onetime premium, but after receiving the certificates it was found that the complainants will have to pay the said amount annually. In view of the facts and circumstances as stated above, we hold that there is gross deficiency in service and unfair trade practice on the part of insurance company and as such, the complainants will be entitled to get the relief. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.339/2017 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.16,38,027/- (Rupees sixteen lakhs thirty eight thousand twenty seven) only to the complainant along with compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.