Chandigarh

DF-II

CC/556/2015

Chander Kumar - Complainant(s)

Versus

The Manager Kotak Mahindra Old Mutual - Opp.Party(s)

Sh. Mukesh Yadav Adv.

31 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	556 of 2015
Date  of  Institution	:	30.9.2015
Date   of   Decision	:	31.05.2016

 

 

 

 

 

Chander Kumar, R/o H.No.414/B-12, Basant Vihar, Nera Kalka Chowk, Ambala City, Ambala (Haryana).  

         …..Complainant

Versus

 

1]  The Manager Kotak Mahindra Old Mutual Life Insurance Ltd., 7^th Floor, Zone-4, Building No.21, Infinity Park, Opp. Western Express Highway, General A.K. Vidya Marg, Malad (E) Mumbai 400097

 

2]  Agent Sh.Gurmukh Singh, SCO No.913, Top Floor, NAC Manimajra, Chandigarh. Deleted vide order dated 8.2.2016

 

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      :     Sh.Mukesh Yadav, Advocate

 

For Opposite Party(s)   :     Sh.Mrigank Sharma, Adv. for OP-1

Opposite Party-2 deleted.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case, the complainant being allured by the assurance of agent of Opposite Party No.1, to deposit Rs.50,000/- as Fixed Deposit for three years and the get Rs.76,000/- as well as an insurance free of cost for his life, deposited the said amount and get the policy (Ann.C-1 & C-2).  It is averred that Opposite Party No.2 get signatures of the complainant on some unfilled performas which were never read over to him. It is also averred that Opposite Party No.2 issued an insurance policy No.2750036, dated 9.5.2013 and further misguided the complainant that it is the insured cover of the said fixed deposit of Rs.50,000/- on behalf of the complainant and has not disclosed the true facts to the complainant and has cheated and defrauded the complainant.  It is stated that the complainant was compelled to deposit Rs.50,000/- per year for a period of 10 years. It is also stated that Opposite Party No.1 has committed criminal offence of cheating, defrauding and misappropriation of amount by converting the same from fixed deposit to Life Insurance Policy with illegal and malafide intentions. The complainant brought the matter to the notice of Opposite Party Company vide applications dated 19.9.2013 and 03.12.2013 (Ann.C-3 & C-4).  Thereafter the complainant sent legal notice, which was replied by Opposite Party No.1, but the amount has not been refunded to him (Annexure C-5 & C-6). Hence, this complaint has been filed alleging the above act of the OPs as gross deficiency in service.

 

2]       It is one of the preliminary objections of Opposite Party No.1 that this forum has no jurisdiction to adjudicate the matter pertaining to allegations of fraud/cheating, which the complainant is alleging.  On merits, has filed reply stating therein that the complainant had proposed for the insurance policy in question by duly filling and executing a proposal form dated 7.5.2013 and submitted all necessary documents/information as well as amount of first premium (Ann.R-1) and as such, the policy No.02750036 was issued and sent to the complainant.  The complainant was also provided free look period of 15 days to seek cancellation of the insurance policy in case of any dissatisfaction, but no such request was made.  The complainant had only paid first premium and thereafter chose not to pay the renewal premiums, hence the policy entered into lapse mode. The complainant also did not get the policy revived till date. It is stated that if the policy is not got revived then the same would be foreclosed as per the policy terms & conditions. Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.

         The name of Opposite Party NO.2 has been deleted as per order dated 8.2.2016.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have also perused the record.

 

5]       Before going into the merits of the case, we deem it proper to deal with the objection raised by the ld.Counsel for the opposite parties to the effect that the complainant in various paras of his complaint has made allegations of fraud and cheating against the opposite party and representative.

 

6]       It is now settled law that where there are allegations of forgery, fraud and cheating, adjudication whereof requires elaborate evidence, the same cannot be decided by a Consumer Fora where the proceedings are essentially summary in nature. Here we are supported by the decision of Hon’ble Apex Court, in Oriental Insurance Co Ltd Vs. Munimahesh Patel, 2006(2) CPC 668 (SC) wherein it was held that the proceedings before the National Commission were essentially summary in nature. It was further held therein that in view of the complex factual position, the matter could not be examined by the Consumer Fora, and the appropriate Forum, was the Civil Court. In case Reliance Industries Ltd. Vs. United Insurance Co.-(1998) CPJ 13, it was held by the Hon’ble National Commission that when the questions of fraud and cheating are involved, in regard to the claim of the Complainant, which require thorough scrutiny, including the examination of various documents and supporting oral evidence, the Consumer Fora cannot adjudicate upon the matter.  Thus in view of the above authoritative pronouncements it is clear that complaint before this Forum is not maintainable.

 

7]       In view of the above discussion, we are of the opinion that the complaint is not maintainable before this Forum. Therefore, the same is dismissed, leaving the parties to bear their own costs. However, the complainant is at liberty to approach appropriate Court/Agency/Authority for redressal of his grievance.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

31^st May, 2016                                                           Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.556 OF 2015

PRESENT:   None   Dated the 31st day of May, 2016

O R D E R                        Vide our detailed order of even date, recorded separately, the complaint has been dismissed.                    After compliance, file be consigned to record room.

 

(Priti Malhotra)	(Rajan Dewan)	(Jaswinder Singh Sidhu)
Member	President	Member