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Consumer Complaint Gurpal Singh

Consumer court complaint format

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0% found this document useful (0 votes)
558 views22 pages

Consumer Complaint Gurpal Singh

Consumer court complaint format

Uploaded by

Juhi Sirohi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM., QUTUB INSTITUTIONAL AREA,


NEW DELHI.

Consumer Complaint No. ________ /2015

In the matter of:-

Gurpal Singh
Son of Late Sh. Gurcharan Singh
R/o B-7, Extn., 13, Safdarjung Enclave,
New Delhi-110029 … Complainant

Versus

M/s Bharti Axa Life Insurance Co. Ltd.


2nd Floor, Vardhman Trade Centre,
Nehru Place, New Delhi-110019.
Through its Branch Manager. … Respondent

CONSUMER COMPLAINT UNDER SECTION 12 OF


THE CONSUMER PROTECTION ACT, AS AMENDED
UPTODATE.

Most Respectfully Showeth:-

1. That the complainant is a consumer as defined in Section

2(d) of the Consumer Protection Act.

2. That the opposite party is a Limited Company, engaged in

the business of providing insurance policies against

premium.

3. That one Mr. Vikas Puri, an agent of the opposite party

approached the complainant for taking Policy for


complainant’s minor daughter namely Manpreet Kaur Saini

to which the complainant consented.

4. That as demanded by the above said agent of the

respondent, the complainant paid the first premium of Rs.

25,000/- and the complainant was issued policy No. 500-

1377216 in which the above said daughter of the

complainant was insured and the complainant has been

shown as nominee/guardian. Photocopy of the policy is

annexed herewith.

5. That thereafter the complainant paid further three

premiums of Rs. 25,000/- each, as such deposited the whole

premium of RS. 1,00,000/- with the opposite party.

Photocopies of the receipts are annexed herewith.

6. That as per the scheme of the respondent, the assured

amount of the above said policy was required to be

refunded to the complainant on expiry of five years.

Accordingly on expiry of stipulated period of 05 years, the

complainant contacted the above said agent of the

respondent and as required by him, the complainant handed

over all the original documents to him for processing the


same for the purpose of payment of maturity value of the

above said insurance policy.

7. That even after lapse of one year, from the date when the

above said agent took the original documents, the

complainant had not received the maturity value of the

above said policy, whereas the complainant visited the

above said agent of the respondent time and again and all

the time he took different excuses.

8. That finding no alternative, the complainant got issued a

demand notice dated 3.5.2014, received by the respondent

by hand on 5.5.2014, whereby calling upon the respondent

to make the payment of maturity value of the above said

policy alongwith interest @ 18% p.a. from the date of

majority till realization of the amount and also to pay a

compensation of Rs. 1,00,000/- for causing mental agony,

pain and sufferings to the complainant, within 15 days of

the receipt of the notice. Copy of notice is annexed

herewith.

9. That even after receipt of notice, the respondent/opposite

party has neither complied with the requirements of the

said notice, nor even bothered to reply the same till date.
10. That from the above, it is crystal clear that the opposite

party is indulging in unfair trade practice and has provided

deficient services to the complainant.

11. That the maturity value of the above said insurance policy

is legally payable by the respondent to the complainant and

the complainant legally entitled to the same.

12. That since the opposite party has not paid the maturity

value of the above said insurance policy till date even after

repeated requests by the complainant and even after service

of legal notice, thereby provided deficient services to the

complainant apart from causing mental agony, pain,

suffering and financial losses, as the respondent is liable to

make good all the losses suffered by the complainant by

paying compensation to the complainant.

13. That the Hon’ble Forum has the jurisdiction to entertain

and decide the present complaint.

14. That the requisite fee of Rs. ______ is being paid by way of

postal order annexed herewith.


It is, therefore, most respectfully prayed that this Hon’ble

Forum may very graciously be pleased to:-

(i) direct the opposite party to pay the maturity value of the

above said insurance policy alongwith interest @ 18% p.a.

from the date of maturity, till realization of the amount;

(ii) direct the opposite party to pay compensation of Rs.

1,00,000/- to the complainant for causing mental agony,

pain and other sufferings;

(iii) direct the opposite party to pay litigation expenses of Rs.

25,000/- to the complainant;

(iv) pass such other of further order/orders which this Hon’ble

Fourm may deem fit and proper in the facts and

circumstances of the case;

New Delhi Complainant


Dated: (In Person)
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM., QUTUB INSTITUTIONAL AREA,
NEW DELHI.

Consumer Complaint No. ________ /2015

In the matter of:-

Gurpal Singh … Complainant

Versus

M/s Bharti Axa Life Insurance Co. Ltd. … Respodent

AFFIDAVIT

I, Gurpal Singh Son of Late Sh. Gurcharan Singh, R/o B-7,


Extn., 13, Safdarjung Enclave, New Delhi-110029, do hereby
solemnly affirm and declare as under:-

1. That I am the complainant in the above matter and am well


conversant with the facts and circumstances of the case,
hence competent to depose.

2. That the accompanying complaint has been drafted by my


counsel under my instructions and the contents of the same
are true and correct to my knowledge and belief.

Deponent.
Verification:
Verified at New Delhi on this day of April, 2015 that
the contents of the above affidavit are true and correct to my
knowledge and belief.

Deponent.
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM., QUTUB INSTITUTIONAL AREA,
NEW DELHI.

Consumer Complaint No. ________ /2015

In the matter of:-

Mrs. Amrit Kaur


W/o Mr. Gurpal Singh
R/o B-7, Extn., 13, Safdarjung Enclave,
New Delhi-110029 … Complainant

Versus

M/s Bharti Axa Life Insurance Co. Ltd.


2nd Floor, Vardhman Trade Centre,
Nehru Place, New Delhi-110019.
Through its Branch Manager. … Respondent

CONSUMER COMPLAINT UNDER SECTION 12 OF


THE CONSUMER PROTECTION ACT, AS AMENDED
UPTODATE.

Most Respectfully Showeth:-

1. That the complainant is a consumer as defined in Section 2(d)

of the Consumer Protection Act.

2. That the opposite party is a Limited Company, engaged in the

business of providing insurance policies against premium.

3. That one Mr. Vikas Puri, an agent of the opposite party

approached the complainant for taking Policy to which the

complainant consented.
4. That as demanded by the above said agent of the respondent,

the complainant paid the first premium of Rs. 25,000/- and the

complainant was issued policy No. 500-1877843, in which the

complainant was insured for a sum of Rs. 2,50,000/-.

Photocopy of the policy is annexed herewith.

5. That thereafter the complainant paid further three premiums of

Rs. 25,000/- each, as such deposited the whole premium of RS.

1,00,000/- with the opposite party. Photocopies of the receipts

are annexed herewith.

6. That as per the scheme of the respondent, the assured amount

of the above said policy was required to be refunded to the

complainant on expiry of five years. Accordingly on expiry of

stipulated period of 05 years, the complainant contacted the

above said agent of the respondent and as required by him, the

complainant handed over all the original documents to him for

processing the same for the purpose of payment of maturity

value of the above said insurance policy.

7. That even after lapse of one year, from the date when the

above said agent took the original documents, the complainant

had not received the maturity value of the above said policy,

whereas the complainant visited the above said agent of the


respondent time and again and all the time he took different

excuses.

8. That finding no alternative, the complainant got issued a

demand notice dated 3.5.2014, received by the respondent by

hand on 5.5.2014, whereby calling upon the respondent to

make the payment of maturity value of the above said policy

alongwith interest @ 18% p.a. from the date of majority till

realization of the amount and also to pay a compensation of

Rs. 1,00,000/- for causing mental agony, pain and sufferings to

the complainant, within 15 days of the receipt of the notice.

Copy of notice is annexed herewith.

9. That even after receipt of notice, the respondent/opposite party

has neither complied with the requirements of the said notice,

nor even bothered to reply the same till date.

10.That from the above, it is crystal clear that the opposite party is

indulging in unfair trade practice and has provided deficient

services to the complainant.

11.That the maturity value of the above said insurance policy is

legally payable by the respondent to the complainant and the

complainant legally entitled to the same.


12.That since the opposite party has not paid the maturity value of

the above said insurance policy till date even after repeated

requests by the complainant and even after service of legal

notice, thereby provided deficient services to the complainant

apart from causing mental agony, pain, suffering and financial

losses, as the respondent is liable to make good all the losses

suffered by the complainant by paying compensation to the

complainant.

13.That the Hon’ble Forum has the jurisdiction to entertain and

decide the present complaint.

14. That the requisite fee of Rs. ______ is being paid by way of

postal order annexed herewith.

It is, therefore, most respectfully prayed that this Hon’ble

Forum may very graciously be pleased to:-

(i) direct the opposite party to pay the maturity value of the

above said insurance policy i.e. Rs. 2,50,000/- alongwith

interest @ 18% p.a. from the date of maturity, till

realization of the amount;


(ii) direct the opposite party to pay compensation of Rs.

1,00,000/- to the complainant for causing mental agony,

pain and other sufferings;

(iii) direct the opposite party to pay litigation expenses of Rs.

25,000/- to the complainant;

(iv) pass such other of further order/orders which this Hon’ble

Fourm may deem fit and proper in the facts and

circumstances of the case;

New Delhi Complainant


Dated: (In Person)
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM., QUTUB INSTITUTIONAL AREA,
NEW DELHI.

Consumer Complaint No. ________ /2015

In the matter of:-

Smt. Amrit Kaur … Complainant

Versus

M/s Bharti Axa Life Insurance Co. Ltd. … Respodent

AFFIDAVIT

I, Smt. Amrit Kaur W/o Sh. Gurpal Singh, R/o B-7, Extn.,
13, Safdarjung Enclave, New Delhi-110029, do hereby solemnly
affirm and declare as under:-

1. That I am the complainant in the above matter and am well


conversant with the facts and circumstances of the case, hence
competent to depose.

2. That the accompanying complaint has been drafted by my


counsel under my instructions and the contents of the same are
true and correct to my knowledge and belief.

Deponent.
Verification:
Verified at New Delhi on this day of April, 2015 that
the contents of the above affidavit are true and correct to my
knowledge and belief.

Deponent.
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, QUTUB INSTITUTION AREA, N.
DELHI

Complaint No. 157/2015

In the matter of:-

Mr. Gurpal Singh … Complainant

Versus

Bharti Axa Life Insurance Co. Ltd. … Respondent

DOH. : 15.11.2017

EVIDENCE BY WAY OF AFFIDAVIT OF THE


COMPLAINANT AS CW-1.

AFFIDAVIT

I, Gurpal Singh S/o Late Shri Gurcharan Singh, Resident of

B-7/13 Extn., Safdarjung Enclave, New Delhi, do hereby

solemnly affirm and declare as under:-

1. That the deponent is the complainant in the above matter

and is well conversant with the facts and circumstances of

the case, hence competent to depose.

2. That the deponent is a consumer as defined in Section 2(d)

of the Consumer Protection Act.


3. That the opposite party is a Limited Company, engaged in

the business of providing insurance policies against

premium.

4. That one Mr. Vikas Puri, an agent of the opposite party

approached the deponent for taking Policy for deponent’s

minor daughter namely Manpreet Kaur Saini to which the

deponent consented.

5. That as demanded by the above said agent of the

respondent, the deponent paid the first premium of Rs.

25,000/- and the deponent was issued policy No. 500-

1377216 in which the above said daughter of the deponent

was insured and the deponent has been shown as

nominee/guardian. Photocopy of the policy is EX. CW-

1/1.

6. That thereafter the deponent paid further three premiums of

Rs. 25,000/- each, as such deposited the whole premium of

RS. 1,00,000/- with the opposite party. Photocopies of the

receipts are Ex. CW-1/2 (Colly).

6. That as per the scheme of the respondent, the assured

amount of the above said policy was required to be

refunded to the deponent on expiry of five years.


Accordingly on expiry of stipulated period of 05 years, the

deponent contacted the above said agent of the respondent

and as required by him, the deponent handed over all the

original documents to him for processing the same for the

purpose of payment of maturity value of the above said

insurance policy.

7. That even after lapse of one year, from the date when the

above said agent took the original documents, the deponent

had not received the maturity value of the above said

policy, whereas the deponent visited the above said agent

of the respondent time and again and all the time he took

different excuses.

8. That finding no alternative, the deponent got issued a

demand notice dated 3.5.2014, received by the respondent

by hand on 5.5.2014, whereby calling upon the respondent

to make the payment of maturity value of the above said

policy alongwith interest @ 18% p.a. from the date of

majority till realization of the amount and also to pay a

compensation of Rs. 1,00,000/- for causing mental agony,

pain and sufferings to the deponent, within 15 days of the

receipt of the notice. Copy of notice is Ex. CW-1/3.


9. That even after receipt of notice, the respondent/opposite

party has neither complied with the requirements of the

said notice, nor even bothered to reply the same.

10. That from the above, it is crystal clear that the opposite

party is indulging in unfair trade practice and has provided

deficient services to the deponent.

11. That the maturity value of the above said insurance policy

is legally payable by the respondent to the deponent and the

deponent legally entitled to the same.

12. That since the opposite party has not paid the maturity

value of the above said insurance policy till date even after

repeated requests by the deponent and even after service of

legal notice, thereby provided deficient services to the

deponent apart from causing mental agony, pain, suffering

and financial losses, as the respondent is liable to make

good all the losses suffered by the deponent by paying

compensation to the deponent.

13. That the deponent is entitled to the relief as prayed for in

the complaint.
14. That the complaint filed by the deponent is true and correct

and the same bears signature of the deponent at point ‘A’

and the complaint is Ex. CW-1/4.

Deponent.

Verification:

Verified at New Delhi on this day of 2017 that

the contents of the above affidavit are true and correct to my

knowledge and belief.

Deponent.
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, QUTUB INSTITUTION AREA, N.
DELHI

Complaint No. 158/2015

In the matter of:-

Mrs. Amrit Kaur … Complainant

Versus

Bharti Axa Life Insurance Co. Ltd. … Respondent

DOH. : 15.11.2017

EVIDENCE BY WAY OF AFFIDAVIT OF THE


COMPLAINANT AS CW-1.

AFFIDAVIT

I Amrit Kaur W/o Mr. Gurpal Singh S/o Late Shri

Gurcharan Singh, Resident of B-7/13 Extn., Safdarjung Enclave,

New Delhi, do hereby solemnly affirm and declare as under:-

1. That the deponent is the complainant in the above matter

and is well conversant with the facts and circumstances of

the case, hence competent to depose.

2. That the deponent is a consumer as defined in Section 2(d)

of the Consumer Protection Act.


3. That one Mr. Vikas Puri, an agent of the opposite party

approached the deponent for taking Policy to which the

deponent consented.

4. That as demanded by the above said agent of the

respondent, the deponent paid the first premium of Rs.

25,000/- and the deponent was issued policy No. 500-

1877843, in which the deponent was insured for a sum of

Rs. 2,50,000/-. Photocopy of the policy is Ex. CW-1/1.

5. That thereafter the deponent paid further three premiums of

Rs. 25,000/- each, as such deposited the whole premium of

RS. 1,00,000/- with the opposite party. Photocopies of the

receipts are Ex. CW-1/2.

6. That as per the scheme of the respondent, the assured

amount of the above said policy was required to be

refunded to the deponent on expiry of five years.

Accordingly on expiry of stipulated period of 05 years, the

deponent contacted the above said agent of the respondent

and as required by him, the deponent handed over all the

original documents to him for processing the same for the

purpose of payment of maturity value of the above said

insurance policy.
7. That even after lapse of one year, from the date when the

above said agent took the original documents, the deponent

had not received the maturity value of the above said

policy, whereas the deponent visited the above said agent

of the respondent time and again and all the time he took

different excuses.

8. That finding no alternative, the deponent got issued a

demand notice dated 3.5.2014, received by the respondent

by hand on 5.5.2014, whereby calling upon the respondent

to make the payment of maturity value of the above said

policy alongwith interest @ 18% p.a. from the date of

majority till realization of the amount and also to pay a

compensation of Rs. 1,00,000/- for causing mental agony,

pain and sufferings to the deponent, within 15 days of the

receipt of the notice. Copy of notice is Ex. CW-1/3.

9. That even after receipt of notice, the respondent/opposite

party has neither complied with the requirements of the

said notice, nor even bothered to reply the same.

10. That from the above, it is crystal clear that the opposite

party is indulging in unfair trade practice and has provided

deficient services to the deponent.


11. That the maturity value of the above said insurance policy

is legally payable by the respondent to the deponent and the

deponent legally entitled to the same.

12. That since the opposite party has not paid the maturity

value of the above said insurance policy till date even after

repeated requests by the deponent and even after service of

legal notice, thereby provided deficient services to the

deponent apart from causing mental agony, pain, suffering

and financial losses, as the respondent is liable to make

good all the losses suffered by the deponent by paying

compensation to the deponent.

13. That lateron it was discovered that the above said agent of

the respondent provided forged and fabricated receipts and

had not deposited the premium amount with the respondent

company and now he is depositing the premium and sent

SMS to the husband of the deponent for collecting receipt

from e-mail as such for committing illegal act by the agent

of the respondent, he is liable to be prosecuted under the

relevant provisions of criminal law.

14. That the deponent is entitled to the relief as prayed for in

the complaint.
15. That the complaint filed by the deponent is true and correct

and the same bears signature of the deponent at point ‘A’

and the complaint is Ex. CW-1/4.

Deponent.

Verification:

Verified at New Delhi on this day of 2017 that

the contents of the above affidavit are true and correct to my

knowledge and belief.

Deponent.

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