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

 

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