BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
SHALIMAR BAGH, ROHINI.
CONSUMER COMPLAINT No.___ OF 20XX
IN THE MATTER OF:
XXXXXXXXXX Petitioner
Versus
XXXXXXXXX Insurance Company Ltd & Ors. Respondents
INDEX
1.
Memo of Parties
2.
Consumer Complaint U/s 12 of
Consumer protection Act.
3.
Annexure P-1
Copy of online receipt dated XX.XX.20XX.
4.
Annexure P-2.
Copy of the Policy Bond Paper of
Policy No. XXXXXXX.
5.
Annexure P-3.
A True Copy of the What’s App messages.
6.
Annexure P-4.
A copy of the mail dated XX.XX.20XX
and documents submitted by
complainant
to the opposite parties
for correction.
7.
Annexure P-5
A true copy of the various mail by complainant
to cancel the policy
8.
Annexure P-6.
Copy of reply of the opposite party in
Relation to canceling the
policy.
9.
Annexure P-7.
A true copy of mail dated XX.XX.20XX for reminder
10.
Annexure P-8
A true copy
of the written complaint dated XX.XX.20XX
11. Annexure P-9
12.
A copy of reply by mail
dated XX.XX.20XX
DELHI COMPLAINANT
THROUGH
DATED
(XXXXXXX
& ASSOCIATES)
ADVOCATES
Office No. X- XXXXX, Delhi-1100XX.
Mob. No. XXXXXXXX
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
SHALIMAR BAGH, ROHINI
CONSUMER COMPLAINT No.___ OF 20XX
IN THE MATTER OF:
XXXXXXXX Complainant
Versus
XXXXXX Insurance Company
Ltd. & Ors. Respondents
MEMO OF PARTIES
1.
XXXXXXXX
S/o Sh. XXXXXXXXX
R/o X/XXX Sector-XX, XXXXX,
Uttar Pradesh-XXXXX. Complainant
Versus.
1.
XXXXXXXXXXXX Company Ltd.
At:
S-XXX-XX, X Flr, Plot No.-XXX,
XXXXX
Sec-XX, Near XXXX,
XXXX-110XXX.
2.
Sh. XXXXXXX XXXXXX (Managing
Director & CEO)
XXXXXXXXXX
Company Ltd.
At:
S-XXX-XX, X Flr, Plot No.-XXX,
XXXXX
Sec-XX, Near XXXX,
XXXX-110XXX.
3.
Mr. XXXX
Official
of XXXXXXXXXX Company Ltd
At:
S-XXX-XX, X Flr, Plot No.-XXX,
XXXXX
Sec-XX, Near XXXX,
XXXX-110XXX.
4.
Mr. XXXXXXX, Agent
XXXXXXXXXX
Company Ltd.
At:
S-XXX-XX, X Flr, Plot No.-XXX,
XXXXX
Sec-XX, Near XXXX,
XXXX-110XXX.
5. Mr. XXXXXX
Official of XXXXXXXXXX
Company Ltd
At:
S-XXX-XX, X Flr, Plot No.-XXX,
XXXXX
Sec-XX, Near XXXX,
XXXX-110XXX. Respondents
DELHI COMPLAINANT
THROUGH
DATED
(XXXXXXX
& ASSOCIATES)
ADVOCATES
Office No. X- XXXXX, Delhi-1100XX.
Mob. No. XXXXXXXX
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
SHALIMAR BAGH, ROHINI
CONSUMER COMPLAINT No.___ OF 20XX
IN THE MATTER OF:
XXXXXXXXXX Complainant
Versus.
XXXXXXXXXXXX Company Ltd. & Ors. Respondents
COMPLAINT UNDER SECTION 12 OF THE
CONSUMER PROTECTION ACT.
Most Respectfully Showeth:-
1. That the complainant is a
consumer within the definition of the Consumer Protection Act and is
constrained to approach this Forum against the gross acts of the opposite
parties wherein he has committed serious deficiency of services and unfair
trade practices.
2. That the complainant is a consumer as per section 2(b) and comes within
the definition of consumer as given in section 2(d) (i) of the Consumer Act,
1986 which is given below as under :
(i)
buys any
goods for a consideration which has been paid or promised or partly paid and
partly promised, or under any system of deferred payment and includes any user
of such goods other than the person who buys such goods for consideration paid
or promised or partly paid or partly promised, or under any system of deferred payment
when such use is made with the approval of such person, but does not include a
person who obtains such goods for resale or for any commercial purpose;
3. That the act done by the opposite parties against the complainant
comes within the definition of “deficiency” as per section 2(g) of the Consumer
Protection Act, 1986.
4. That the written complaint filed by the complainant before this
Hon’ble Consumer Dispute Redressal Forum comes within the definition of
complaint as given under section 2 c (i) and 2c(iii) of Consumer Protection
Act, 1986.
5. That the dispute arise between the complainant and opposite
parties comes within the definition of “consumer dispute” as given under
section 2(e) of the Consumer
Protection Act, 1986.
6. That the complaint filed by the
complainant comes well within the territorial and pecuniary jurisdiction of the
Hon’ble Forum for adjudication of the complaint.
7. That this Hon’ble Court has the Jurisdiction to adjudicate the
matter under section 11 of the Consumer Protection Act, 1986.
BRIEF FACT OF THE CASE:
A. That the opposite party No.1
namely XXXXXXX Company Ltd. is a well-known
Insurance Company in India which is run by
opposite party No. 2 namely Sh. XXXXXXXXX (Managing Director & CEO) .
B. That the opposite party No.3
and opposite party No.5 are officers of opposite party No.1 which is run by
authorized person i.e. opposite Party No.2, and opposite party No. 4 namely Mr.
XXXX is agent of the opposite party
No.1.
C. That the opposite party No.4
in collusion with opposite party No. 3 & 5 official of opposite party no.1 & 2 reached the complainant and
allured him with
high percentage of return in the policy and regarding the guaranteed bonus.
D. That the complainant came in allurance of the opposite
parties and got convinced with the tall claim and purchased an Endowment saving
plan plus scheme in the month of XXX 20XX.
E. That the opposite parties in collusion with each other
allured to complainant with high percentage of return in the policy and also
regarding the guaranteed bonus and complainant got convinced with the tall
claims and purchased an Endowment saving plan plus scheme in the month of XXXX 20XX.
Copy of online receipt dated XX.XX.20XX showing payment of XXX
lakh rupee in account of opposite parties 1& 2 is marked and annexed hereto
as Annexure P-1.
F. That complainant purchased
policy number XXXXXXXXXX in the month of XXX 20XX from the opposite parties but
when complainant received the policy bond paper dated XX.XX.20XX, after XXXX
month from date of purchase, complainant found many discrepancies in it which
were totally opposite to the promise which were made by the opposite parties
and some of them are following:
(i)
As per agent the Simple Revisionary bonus rate is
calculated at the rate of X% per annum but when complainant checked it online
after getting policy document, first rider (accidental rider) was not added as
per commitment.
(ii)
On the website of opposite party, it is mentioned that
company paid it at the rate of X% simple interest.
(iii) Agent assured XX-XX % per
annum rate of the terminal bonus starting from the 10th year and a sum was assured
XX-XX lacks minimum but as per company website it was maximum XX%. &
a.
The simple revisionary bonus
shall be calculated at rate of X% per annum and also, he confirmed that this
simple revisionary bonus will be minimum any circumstance that will start from
the day of login policy.
b.
Apart from the simple
revisionary bonus the XXXXX Company Ltd. Agent (opposite party no.4) has also
committed to pay terminal bonus at the rate of XX-XX% per annum, starting from
the 10th year from the date of policy start.
c.
The agent (opposite party
No.4 ) of XXXXX Company Ltd. also described and confirmed me about the
ACCIDENTAL RIDER. This accidental rider shall be the additional beneficial part
of Policy.
d.
The agent of XXXXXX Company
Ltd. strongly confirmed that at the time of maturity of policy, holder of
policy would get, approximately not less than XX-XX lacs rupees even in adverse
condition. It is pertaining here to mention that adverse conditions means when
company at least business. At this stage the agent of the XXXXXXX India
Insurance Company Ltd. Assured me that in the case of XXXX Company Ltd. will
earns handsome profit, then my share of profit will increase and shall have
more money in return at the time of maturity of the policy.
e.
XXXXXX Company Ltd. pay
simple interest at rate of X-X.X% at on the premium paid at the time of
maturity of the policy.
8.
That the complainant received bond paper dated XX.XX.20XX XXth XXX
20XX after seeing the document complainant found that rider part was missing
and also didn’t find anywhere the percentage and sum assured as promised by the
opposite party No. 4. Copy of the Policy Bond Paper of Policy No. XXXXXX is
annexed and marked hereto as Annexure
P-2.
9.
That when the complainant made complaint to the opposite
party no.4, that time opposite party No.4, initially assured that everything
would be done and had to wait for some more days but no reply came.
10. That when the opposite parties no.4 kept on making excuses
complainant tried to contact to the opposite party no.4 (agent) namely Mr. XXXXX
by the telephonic call or through a SMS on WhatsApp but opposite party no.4
didn’t reply and later on complainant received a SMS on his WhatsApp from
opposite party no.4 i.e., “wait for….few
hours….I’ll cl u…sir…m outside” but when complainant didn’t receive
any call from him then complainant started to call Regional Manager Mr. XXXXX.
A True Copy of the What’s App messages is annexed as Annexure P-3.
11. That opposite party no. 4 after having discussion with the opposite party no. 5 namely Mr. XXXX, reached house of the complainant with opposite party no.3 namely Mr. XXXXX and they assured complainant that revisionary bonus is max X.X-X% and terminal bonus max is XX% and complainant will get sum assured minimum XX-XX lacks and asked complainant to submit further document of complainant’s spouse to add accidental rider. Mr. XXXX (opposite party No. 5) took policy paper back for change. A copy of the mail dated XX.XX.20XX and documents submitted by complainant to the opposite parties is marked and annexed hereto as Annexure P-4
12. That complainant and his colleague sent a complaint to
their customer care a mail id (xxxxxxxxx@xxxxxxxxx.co.in) to terminate policy in XXXX
20XX but his colleague got the confirmation (Policy No. XXXXXX) for termination
his policy but complainant didn’t get till now.
13. That complainant by various
mails raised his problem to opposite party No.1 & 2 and asked opposite
parties to cancel the policy no. XXXXX and return his hard-earned money but
opposite party by mail dated XX.XX.20XX that the policy cannot be cancelled. A
true copy of the various mail by complainant to cancel the policy and reply of
the opposite party in annexed as Annexure
P-5 & P-6 respectively.
14. That complainant sent many
reminders to the opposite parties for informing the status of correction, which
is to be made by opposite parties. A true copy of mail dated XX.XX.20XX for
reminder is annexed and marked as Annexure
P-7.
15. That complainant sent mail to the customer care number many
times but every time complainant got almost same reply and after some time,
they replied to complainant that the customer care not going to entertain
anymore.
16. That when complainant did
not find any response during these months and then he approached to online
consumer forum www.consumerhelpline.gov.in vide
complained number XXXX and XXXX and conveyed about
the concern regarding cheating my client by way of miss-selling this policy.
17. That complainant made many
requested to the office of the opposite party no. 1 to look into the matter but
you the opposite party no.1 and 2 always ignored to look into the matter
personally and the entire as the agent (opposite
party no.4) Mr. XXXXX has clearly said that complainant has to pay only 15
yearly premiums of Rs XXXXX (approx) and you will get around Rupees XX-XX lacs
on the maturity after the completion of XX years of term.
18. That complainant visited the website of the XXXXXX. Company Ltd.
Complainant became shocked as there were many differences seen in the official
site & few of them are as follows:-
a). There
is no accidental rider in the documents although it was specifically discussed
with agent (opposite party no.4) and he deadly confirmed me for this rider.
b). That
there is nowhere mentioned about the amount rupees XX lacs or XX lacs in
original documents that complainant would get at time of maturity nor anywhere
given about this type of calculation on website so that my client would be
confirmed that the agent could be right up to some extent.
c). Website
of the XXXXXX Company Ltd. clearly mentioned that XXXXXXX Company Ltd. will as
on average pay X-X.X% simple interest.
19. That complainant conveyed all above issues including Accidental
rider to opposite parties but again, it was shocking and surprising when
complainant received the papers again on dated Xth XXXXXXX-20XX
without addition of rider. Apart from rider no other concern and issues resolve
by the XXXXXX Company Ltd.
20. That complainant at last, on dated XXth XXXXXXX-20XX,
sent another e-mail to terminate the policy bearing No. XXXXXX and requested to
refund his hard-earned money but the opposite parties chose not to reply the
same.
21. That complaint on not getting any positive response from the
opposite parties wrote complaint to the General Manager, XXXXXX Co. Ltd., dated
XX.XX.20XX, regarding the issues/problem faced by the complainant but the
complaint gave a harsh reply through his mail dated XX.XX.20XX that “Please note we will not be able to
entertain any communication on this regard further”. A true copy of the
complaint dated XX.XX.20XX and reply of opposite party No.1 dated XX.XX.20XX is
marked and annexed hereto as Annexure P-8
& P-9 respectively.
22. That complainant further requested and tried to resolve the issues
but the opposite parties did not revert on that till date in spite of various
reminders sent to the opposite parties by the complainant.
23. That cause of action arose on the date when the opposite party
no.4 agent of opposite party no.1 reached the complainant and allured him with
tall and fake claims and further cause of action further arose in the month of XXXXX
20XX when the complainant came in the
allurance of opposite party no.4 and purchased an Endowment Saving Plans Plus
Scheme policy bearing no. XXXXX in the company of opposite party no.2 and
further cause of action arose when the complainant saw the schemes on the
website of party no.1 and found that there were many discrepancies in the
scheme shown on the website relating to what the opposite party no.4 claimed
while selling the policy and further cause of action arose when complainant
realize that as per the company’s website simple revisionary bonus rate is only
X% per annum whereas the agent (opposite
party no.4) of opposite party no.1 & 2 told that simple revisionary bonus
rate is X% and further cause of action arose when the complainant received the
policy papers and in the policy papers he found that rider part is missing from
the papers and cause of action arose when the complainant made requests to the
opposite parties no.4 and opposite party after having discussion with the
opposite party no.no.5,opposite party no.4 came with the opposite party no.3 to
the house of complainant and promised to resolve the problem and they took the
spouse detail of complainant and also the
policy papers of complainant for
making correction in it and further cause of action arose when the complainant
again received the policy papers on 5th sep. 2018 in which rider
part was not added yet and further cause of action arose when the complainant
and his colleague called customer care center of opposite party no.1 & 2
for terminating their policy but to utter shock complainant policy was not
terminated without giving any reason from the customer care center of opposite
party no.1 & 2, whereas policy of complainant colleague was terminated
without any problem and further arose on customer care center of opposite party
no.1& 2 but shockingly despite solving the problem of complainant advised
complainant not to call again and they can’t help him and further cause of
action arose when complainant filed online complaint in the website of consumer
forum at XXXXXXX vide complaint no. XXXX and XXXX and conveyed about the concern
regarding cheating from the opposite parties and further cause of action arose
on XXth XXX.2018 when complainant sent another mail for termination
of policy bearing no. XXXXX as there was no step being taken by the opposite
parties for solving the grievance of complainant and lastly cause of action
arose on XX.XX.20XX when complainant sent legal notice to the opposite parties
to terminate the policy bearing no. XXXX and request to refund hard earned
money with interest along with XX% per annum within fifteen days from the
receipt of the legal notice.
24. That the above-mentioned act of the opposite parties clearly shows
that there were discrepancies in the service provided by the opposite party
no.1& 2 through their officers and well-trained agents.
25. That
due to the negligent acts of the opposite parties the complainant has suffered
loss and injury due to deprivation, harassment, mental agony and loss of
professional practice, for which he is entitled to compensation.
26. That the opposite parties willfully and
knowingly cheated the consumer/complainant by selling him the policy by making
fake promises.
27. That the opposite parties have not
provided its service as it was promised by the opposite parties no.4 and same
was confirmed by opposite party no.3 & 5 by taking the policy paper back
with them for making changes and the act of the opposite parties comes under the definition of unfair trade
practice.
28. That for the purposes of section 11 of
the Act, compensation claimed by the complainant is below Rs. XX lakh/- so this
forum has jurisdiction to determine and adjudicate this dispute.
PRAYER
In the
above-mentioned facts and circumstances, it is most respectfully prayed that
the Hon'ble Forum may be pleased to:
a.
Order the
opposite party to terminate the policy bearing no. XXXXXXXX of the complainant
and to refund the policy amount of Rs. XXXXX/- paid by complainant along with
XX % per annum from the date of issuance the policy with future interest till
the realization the claim amount in the interest of justice.
b.
Order the
opposite party to pay the legal expense to the complainant as it is default in service
from the opposite parties.
c.
Pass any
other such order, as this Hon'ble Forum may deem fit and proper in the
interests of justice.
Deponent/Complainant.
VERIFICATION:
I
______________Son of _______________ Residing at _______________ do hereby
solemnly affirm and state that the contents and particulars of the complaint
stated above are true and correct to the best of my knowledge and belief and no
part of it is false and nothing material has been concealed therein.
Verified at __________ on ___
day of __________20XX.
Deponent/Complainant.
Date Through Counsel
Place
(XXXXXXX & ASSOCIATES)
ADVOCATES
Office No. X- XXXXX, Delhi-1100XX.
Mob. No. XXXXXXXX