Today is the date fixed for order in the matter of admission of the case. 

Hazira is filed on behalf of the complainant through his ld. advocate.

It is alleged by the complainant in his complaint that the OP no. 1 (Branch Manager) and the OP no. 2 (Bank’s agent) took one time premium of Rs. 61,000/- from him for life insurance namely HDFC SL Classin Assure Insurance Plan on 31/03/2012 by a cheque being no. 105952 dt. 26/03/2012 of AXIS Bank after taking his signature on proposal form without giving any information about the terms and conditions of the policy.  On 26/03/2012 OPs took another cheque for Rs. 45,000/- for same type of policy in the same manner.  Thereafter, the OPs took a further cheque of Rs. 95,000/- on 11/04/2012 from the complainant for same type of insurance with assurance that the sum would be doubled after 10 years, but without any signature on proposal form.  Then the OPs took other cheques of Rs. 30,000/- and also Rs. 18,000/- without signature on proposal form by false representation and by practicing fraud upon the complainant.  That after receiving the said policy certificates after few months, complainant came to know that those policies are not under the one time premium policy but he has to pay the premium every year for several years.

We have already heard the Ld.Advocate for the complainant and the complainant on 03-01-2014 over the admission earing of the instant case.Perused the petition of complaint and Xerox copies of documents filed on record.

The premium receipt dt. 16/04/2012 (Xerox copies) for Rs. 93,580/- in respect of policy no. 15117842 shows that it was for giving the first premium, but not shows one time premium.  Apart from that the other Xerox copies relating to several proposal forms, schedule of benefits and policies do not indicate any one time premium paid policy, rather the same indicate long time life insurance policies by payment of several annual premiums.  Moreover, Xerox copies of proposal forms filed on record go show signatures of the complainant.

The complainant has admitted his signatures in respect of the proposal/ application form for payment of premium of Rs. 61,000/-.  The Xerox copy of the said proposal/application form on record dt. 27/03/2012 for payment of Rs. 61,000/- indicates the premium frequency is for yearly premiums but not one time as alleged by the complainant.  His signature in English appeared to be made on the said proposal form and other papers and letter dt. 23/7/13 written in English point out that he is not an illiterate person but literate one and the proposal forms on records also indicates that his yearly income from his business is Rs. 10,00,000/-.  That being so, it is not probable to believe that the OPs took his signatures on the proposal forms without giving any information about the terms and conditions of the policies by false representation or by practicing fraud or took cheques without any signature on the proposal forms. 

The complainant did not make any complaint before police about the allegations of fraud and false representation against the OPs. 

From the facts and circumstances of the case and documents on record, we do not find any prima facie ingredient with regard to allegation of false representation and fraud practice upon the complainant by the OPs. Therefore, the instant complaint cannot be accepted to proceed further. Hence, the petition of complaint is rejected i.e. the instant case is dismissed.