BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION SOUTH 24 PARGANAS, AT
BARUIPUR
C.C. No. of 2025
In the matter of:
An application under Section 35 of the
Consumer Protection Act, 2019 as amended
up-to-date by the Complainant alleging
deficiency in service by misrepresentation
and for benefit of the Opposite Parties
forcefully with ill motive sold two policies
vide policy no 24674279 whose yearly
Premium Rs. 1,22,000/- and another one is
24742281 yearly Premium is Rs. 1,60,000/-
in favour of your complainant, and at time of
selling the abovementioned two policies the
opposite parties never disclosed the actual
truth and benefit of the said policies, by way
of suppression and misrepresentation the
opposite parties sold abovementioned two
policies in favour of the complainant, being a
illiterate person your complainant could not
understand the terms and condition of the
abovementioned policies by way of tactfully
and misguided sold this polices in favour of
complainant, the opposite parties never
disclosed amount of yearly the premium of
two polices and in this regard your
complainant paid Rs. 2,44,000/- in respect of
policy no 24674279 and paid Rs. 3,20,000/-
in respect of policy no 24742281 and after
that for financial problem your complainant
could not maintained yearly premium of two
polices and on 14/12/2024 and 27/12/2024
your complainant surrendered two polices
before the opposite parties.
AND
After surrendered to the opposite parties
tendered a total amount of Rs 73,998/- in
respect of policy no 24674279 and
2
Rs.99,545/- in respect of policy no 24742281
as a surrender money.
AND
In respect of complainant and therefore
prays before your honour’s court for passing
necessary order against the O.Ps for handing
over the rest of amount and further prays for
awaiting compensation the tune of @
Rs.50,000/- to the complainant for deficiency
in service and on account or Upon the
Opposite Parties to pay to the tune of
Rs.50,000/- towards legal expenses and
travelling expenses. Upon the opposite
parties to pay compensation to the tune of
Rs.50,000/- for the mental agony suffered by
the complainant/ petitioner till date owing to
the illegal activities of the Opposite Parties.
Or
Direct necessary direction upon the opposite
party to refund the rest of amount in
connection with two polices (i) Policy no
24674279 whose yearly Premium Rs.
1,22,000/- and your complainant paid Rs
2,44,000/- and the rest of amount is (Rs.
2,44,000- Rs.73,989) = Rs.1,70,011/- and
another one policy (ii) Policy 24742281
yearly Premium is Rs. 1,60,000/ whose
against your complainant paid Rs. 3,20,000/-
and the rest of amount is (Rs.3,20,000- Rs.
99,545/-) = Rs. 2,20,455/-
AND
That after surrendered an amount of Rs
28,720/- in respects of policy no 24674279
and Rs. 36,400/- in respect of policy no
24742281.
After purchased the Policy No - 24674279, as
per the scheme Rs. 1,886.80/- was credited
since January month of 2023 and thereafter
the same amount was credited monthly in
complainant bank account till 10/12/2024.
After purchased the Policy No - 24742281, as
per the scheme, Rs. 2,745.45/- was credited
since February month of 2023 and thereafter
3
the same amount was credited monthly in
complainant bank account till 12/12/2024.
That after surrender in respect of policy no
24674279 an amount of Rs 28,720/- along
with (Rs.1, 886.23 * 24 months) = Rs.
45,269/- Total Amount of (Rs 28,720/- + Rs.
45,269/-) = Rs. 73,989/-
That after surrender in respect of policy no
24742281 an amount of Rs 36,400/- along
with (Rs. 2,745.45/- * 23 months) = Rs.
63,145/- Total Amount of (Rs 36,400/- + Rs.
63,145/-) = Rs. 99,545/- with Opposite
Parties to pay to the tune of Rs. 50,000/-
towards legal expenses and travelling
expenses to complainant.
AND
In the matter of:
Mr. GOPINATH MONDAL
S/o- Subal Mondal
Residing at Dakshin Kalyanpur, Baruipur, near
Khogen Leaster School, Baruipur, Dist – South
24 Pgs, Pin – 700 144, West Bengal
…….Complainant
VS
1. THE PNB METLIFE Corporate Head Office
in Mumbai is located at: 1st Floor, Techniplex
1, Techniplex Complex, Off Veer Savarkar
Flyover, Goregaon West, Mumbai – 400 062.
2. THE PNB METLIFE Corporate Head Office
in West Bengal is located at No 20A, 1st &
2nd Floor, Park Street, Kolkata – 700016
3. The registered office of PNB MetLife India
Insurance Company Limited is located at Unit
No. 701, 702 and 703, 7th floor, West Wing,
Raheja Towers, 26/27 M G Road, Bangalore -
560001, Karnataka
4. The PNB MetLife South Kolkata Zonal
Office is located at No 48/1A, 1st Floor,
Singhi Regency, Gariahat Road, Kolkata,
4
West Bengal - 700019. It's situated in the
Gariahat area of Kolkata
… Opposite Parties
The humble petition on behalf of the above
complainants/petitioners:
MOST RESPECTFULLY SHEWETH:-
1. That your complainant/petitioner is a citizen of India and also a consumer
within the meaning of Consumer as defined in section 2(7)of the Consumer
Protection Act 2019 and the Opposite parties are private insurance company, being
the service provider, in respect of a Life Insurance Plan by giving yearly premium
system under the “Life Insurance” Plan and the dispute is a consumer dispute
within the meaning of the provision of C.P Act.2019
2. That Opposite Parties are the finance persons by profession, and their main
business is to promote and develop their business by selling various insurance plans
in financial sectors and, the Opposite party namely PNB MetLife is a private life
insurance company. It is a joint venture between MetLife International Holdings LLC
and Punjab National Bank (PNB), with PNB holding a significant stake, but it is not a
government entity itself and the dispute is a consumer dispute within the meaning
of the provision of C.P Act.2019
3. That the opposite parties are the private life insurance company, with
intentionally misguided and misrepresentation by the opposite parties’ agent sold
two life insurance policies in favour of the complainant at near branch PNB Bank
Baruipur, at the time of selling the policies the agent of PNB Met Life told some
introduction and benefit about the policy but after sold he told another matter,
which was totally different in policy itself, after sanctioned two policy in favour of
complainant, at the beginning the agent of opposite parties tried to mislead by
giving false promise.
4. That your complainant never wanted to purchased the abovementioned two
policies from the opposite parties, he went to bank for fixed deposit scheme in
favour of himself and whose nomine be his wife, but the agent of opposite party
forcefully misguided to do this.
5. That with misrepresentation and fraud the agent of opposite parties sold two
policies vide policy no 24674279 whose yearly Premium Rs. 1,22,000/- and another
one is 24742281 yearly Premium is Rs. 1,60,000/- in favour of your complainant,
and at time of selling the abovementioned two policies the opposite parties never
disclosed the actual truth and benefit of the said policies, by way of suppression and
misrepresentation the opposite parties sold abovementioned two policies in favour
of the complainant, being a illiterate person your complainant could not understand
the terms and condition of the abovementioned policies by way of forcefully and
misguided sold this polices in favour of complainant, the opposite parties never
5
disclosed amount of yearly the premium of two polices and this regard your
complainant paid Rs. 2,44,000/- in respect of policy no 24674279 and paid Rs.
3,20,000/- in respect of policy no 24742281 and after that for lack of money your
complainant could not regularly maintained two polices and on 14/12/2024 and
27/12/2024 your complainant surrendered two polices before the opposite parties.
6. That by way of misrepresentation and misguided by the agent of opposite
parties your complainant on 13/12/2022 and 10/12/2023 purchased two PNB
MetLife Policy, Policies name “ PNB MetLife Century Plan” in favour of own self
(i) policy no 24674279 whose yearly Premium Rs. 1,22,000/- for 10 (Ten) years and
maturity age 80 years and another one (ii) another one is 24742281 yearly
Premium is Rs. 1,60,000/- for 10 (Ten) years and maturity age 80 years.
After that, your complainant applied for vide application 521258709 &
521386571 for purchased two life Insurance Policies by giving first yearly premium,
issued Office from Mumbai, which is under the jurisdiction of the Learned Court and
the value of the claim is within the pecuniary limit of your Honour’s Court
A copy of the Policy papers is annexed hereto marked P/1
6. That the Policies name “PNB MetLife Century Plan” about Presenting PNB
MetLife Century Plan, a participating life insurance plan that provides you an
opportunity to fulfil your dreams, secure your future with an income till age 100
years along with a lifelong cover. Ensure a second income for your retirement years
and build a legacy for future generations.
And the main motto of this policy is he PNB MetLife Century Plan providing
life insurance till age of 100 years. Thus, with this whole-life plan, you can ensure
protection for a lifetime. Through the family care benefit, the nominees can still get
survival benefits even if the policyholder has met an unfortunate death.
7. But the agent of the opposite parties told different, your complainant living
under poverty and he carrying on a small business, depend upon little income he
could not be able to maintain two policies whose yearly premium is more than 2.5
Lakhs at a time, the agent of the opposite party told that after purchased two policy
no single money would be paid on second time and gets lifelong advantages but it
was totally wrong way of advertisement for taking undue advantage from laymen
who are illiterate and under poverty.
After that, your complainant paid total Rs. 2,82,000/- for purchased two life
insurance policy from opposite parties for own self, and after purchased your
complainant knew that the payment was onetime but end of 2023 one phone call
has received from customer care of opposite party and over phone requested to
submitted the next premium for those polices, then your complainant understood
one fraud incident was happened with him and he put his leg into a trap, and
promptly he went to local PNB Branch for meet agent of PNB MetLife and they
behaved like rude and told when the policy was sold then there no chance of refund
of money or alteration.
6
8. That your complainant went to local PNB Branch for fixed deposit but the
agent of PNB MetLife forced him to purchase the said policies from him, at the
time of purchased the agent of PNB MetLife told that this one type of fixed
deposit, your complainant did not understand their plan and purchased the said
policies, and after that he lifelong earning went to reverse. Being a layman he had
no any proper knowledge about the PNB MetLife Policies and subsequently
agent of PNB MetLife used his lifelong earning as policies which was not proper
justice for complainant.
9. That when agent of PNB MetLife told there no chance of refund of money
or alteration than your complainant did not want to leave/stop this policies and he
tried to arranged money as a loan from others for make second premium of those
policies, and after payment of second premium of two policies he decided to stop
payment and for this reason he tried to contract local PNB Branch and after meet he
decided to surrender two policies, dated 19/12/2024 for policy no 24674279 and
dated 27/12/2024 for policy no 24742281 he officially surrendered two policy.
A copy of the Surrender slip is annexed
hereto marked P/2
10. That after surrendered before the opposite parties tendered an amount of Rs
28,720/- in respects of policy no 24674279 and Rs. 36,400/- in respect of policy no
24742281.
After purchased the first policy vide Policy No - 24674279, as per the scheme
of policy, Rs. 1,886.80/- was credited since January month of 2023 and thereafter
the same amount was credited monthly in complainant bank account till
10/12/2024.
After purchased the second policy vide Policy No - 24742281, as per the
scheme of policy, Rs. 2,745.45/- was credited since February month of 2023 and
thereafter the same amount was credited monthly in complainant bank account till
12/12/2024.
That after surrender of two policy the opposite party given in respect of
policy no 24674279 an amount of Rs 28,720/- along with (Rs.1, 886.23 * 24 months)
= Rs. 45,269/- Total Amount of (Rs 28,720/- + Rs. 45,269/- ) = Rs. 73,989/-
That after surrender of two policy the opposite party given in respect of
policy no 24742281 an amount of Rs 36,400/- along with (Rs.2,745.45 * 23 months)
= Rs. 63,145/- Total Amount of (Rs 36,400/- + Rs. 63,145/- ) = Rs. 99,545/-
A copy of the Bank Statement is annexed
hereto marked P/3
11. That after surrender of those policies the opposite party tendered little
money in respect of total premium, your complainant went to local branch for
lodged a complaint against the agent of the opposite parties but after visit the
branch the agent of said branch behave like rude and one person from the said
bank told about lodged a complaint through e-mail, and after your complainant
7
lodged a complaint through e-mail on 03/01/2025 at 5:11 P:M for getting
clarification of surrender values in respect of two policies.
A copy of the e-mail is annexed hereto
marked P/4
12. That thereafter on 06/01/2025 one e-mail was received from customer care of
PNB MetLife and wrote the earlier mail of complainant was sent to concern
department of PNB MetLife.
That on 13/01/2025 one another e-mail was received from PNB MetLife and
wrote that as per terms the surrender value was already credited in your account.
A copy of the reply e-mail is annexed hereto
marked P/5
13. That since after taking the huge amount of premium from the complainant
the opposite party illegally detains and forcefully over phone always took undue
advantages of snatch long life income of poor person. your complainant requested
again and again to the agent of the opposite party but he did not want to solve the
said problem but rather they have been taking one after another false pleas and
excuses and have been making fool to the complainant.
14. That the matter has been made stranded in midway not more than a one
year for the wilful neglect or refusal on the part of the opposite party and every day
your complainant is living in with a hope that on the next day to come her dream
would be fulfilled, but destiny is otherwise. The opposite party has blatantly flouted
the relationship of customer and they did not perform their role and thereby caused
serious hamper of complainant sentiment, but due to wilfully refusal of the on the
part of the opposite party the complainant has been suffering tremendously and
passing days in anxiety.
15. That due to lot of negligence and deficiency in service of the opposite party the
complainant on numerous times visited the opposite parties branch and tried to
connected to the customer service of the opposite party but the opposite party is
avoiding to do the same for the reasons best known to them.
16. That lastly on 20-02-2025 your complainant visited the office/branch of
opposite parties for showing the reply of the e-mail but the agent of PNB
MetLife /opposite party forcefully with wrong intention tried to mislead in second
time your complainant by giving false promise that all premium money will be
credited in account soon and there finding no alternative your complaint is
constrained to come and seeks protection as available under the Consumer
Protection Act 2019 and file this petition before this forum and praying reliefs.
17. That the complainant waited for returned back those money which he had
spend for giving yearly premium of two policy amount more than Rs 2.8 Lakh. but
the opposite party mislead the same, which prompted the complained to file this
case before Your Forum.
18. That the opposite parties are not only negligent but also deficiently in
providing service to the complainant. The opposite party adopted unfair trade
8
practice too. They tried to escape from the liability, but I am well confident about
your ample power, and belief upon your execution power and faith upon Indian
judiciary system.
19. The cause of action has been arisen on 13/12/2022 when your complainant
purchased one policy no 24674279 and thereafter purchased another policy and the
cause of action till going on.
20. That the complaint petition is undervalued and as per the notification of the
Ministry of Consumer Affairs, Food and Public Distribution dated 14.09.2018 vide its
Order No: GSR.898 (E) published in the Gazette of India on fees have been paid as
the total value of claim of the complaint petition comes under Rs. 5,00,000/- and
the complainant is hereby undertakes to pay the fees if the award comes above the
limit of Rs. 5,00,000/- or as applicable.
21. That this Hon’ble Forum has ample jurisdiction, both pecuniary and territorial,
to admit, adjudicate and dispose of the complaint petition as the complainant is a
consumer within the meaning of Consumer as defined in section 2(7) of the
Consumer Protection Act 2019, and the opposite party are the service provider, the
deficiency in service which is under the dispute of consumer dispute.
22. That the complainant complained the petitioner which has been filed within
the period of Limitation of times as the cause of action is till continuous.
23. That the complaint is made bonafide and for the ends of justice.
In the above circumstances, your
complainants/petitioners most humbly pray
that Your Honour may graciously be pleased
to pass an order or orders, direction or
directions :-
a) Direct necessary direction upon the opposite
party to refund the rest of amount in
connection with two polices (i) Policy no
24674279 whose yearly Premium Rs.
1,22,000/- and your complainant paid Rs
2,44,000/- and the rest of amount is (Rs.
2,44,000- Rs.73,989) = Rs.1,70,011/- and
another one policy (ii) Policy 24742281
yearly Premium is Rs. 1,60,000/ whose
against your complainant paid Rs. 3,20,000/-
and the rest of amount is (Rs.3,20,000- Rs.
99,545/-) = Rs. 2,20,455/-
b) To refund the all money in connection
with the two policies complainant paid Rs.
2,44,000/- in respect of policy no 24674279
and paid Rs. 3,20,000/- in respect of policy
no 24742281
9
c) Upon the Opposite Parties to pay
compensation to the tune of Rs. 50,000/- to
the complainant for deficiency in service or
any like amount may be extra charge.
d) Upon the Opposite Parties to pay to
the tune of Rs.50,000/- towards legal
expenses and travelling expenses.
e) Upon the opposite parties to pay
compensation to the tune of Rs.50,000/- for
the mental agony suffered by the
complainant/ petitioner till date owing to the
illegal activities of the Opposite Parties.
Or
In respect of complainant and therefore
prays before your honour’s court for passing
necessary order against the O.Ps for handing
over the rest of amount and further prays for
awaiting compensation the tune of @
Rs.50,000/- to the complainant for deficiency
in service and on account or Upon the
Opposite Parties to pay to the tune of
Rs.50,000/- towards legal expenses and
travelling expenses. Upon the opposite
parties to pay compensation to the tune of
Rs.50,000/- for the mental agony suffered by
the complainant/ petitioner till date owing to
the illegal activities of the Opposite Parties
f) To call for the records relating to the
instant case so that upon perusal of the
same, conscionable justice may be rendered
by this Hon’ble Forum.
g) Such other or further order or orders,
direction or directions as Your Honour may
deem fit and proper for the ends of justice.
And for this act of kindness, your complainants/petitioners as in duty bound shall
ever pray.
VERIFICATION
I, Mr. GOPINATH MONDAL, S/o- Subal Mondal, Residing at Dakshin Kalyanpur,
Baruipur, near Khogen Leaster School, Baruipur, Dist – South 24 Pgs, Pin – 700 144,
West Bengal, do hereby declare that I have not misrepresented any facts or have
not tried to hide any information in my above complaint. All the facts mentioned
herein are true to the best of my knowledge.
Verified on this day of 2025
Name & Signature of the complainant
Identified by me
10
(Advocate)
AFFIDAVIT
I, Mr. GOPINATH MONDAL, S/o- Subal Mondal, aged about - , by faith – Hindu,
by occupation – Business, Residing at Dakshin Kalyanpur, Baruipur, near Khogen
Leaster School, Baruipur, Dist – South 24 Pgs, Pin – 700 144, West Bengal, do
hereby solemnly affirm and say as follows:-
That I am the complainant/petitioner the instant case and well conversant with the
facts and circumstances of this case.
That the above statements are true to the
best of my knowledge and belief
Signature of Deponent
Identified by me
(Advocate)
11
BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION SOUTH 24 PARGANAS, AT
BARUIPUR
C.C. No. of 2025
Complainant Versus Opposite Parties
Mr. GOPINATH MONDAL THE PNB METLIFE & OTHERS
Sl. NO Description of Documents Filed Annexure Pages
1 Complainant petition U/S 35 of the C.P Act
2 A copy of the Policy papers P/1
3 A copy of the Surrender slips P/2
4 A copy of the Bank Statement P/3
5 A copy of the e-mail P/4
6 A copy of the reply e-mail P/5
12
BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION SOUTH 24 PARGANAS, AT
BARUIPUR
C.C. No. of 2025
In the matter of
Mr. GOPINATH MONDAL
.....Complainant
Versus
THE PNB METLIFE & OTHERS
..... Opposite
Parties
LIST OF DATES
SL. No Dates Particulars
01 13/12/2022 and 10/12/2023 purchased two PNB MetLife Policy,
Policies name “ PNB MetLife Century
Plan” in favour of complainant (i) policy
no 24674279 whose yearly Premium Rs.
1,22,000/- for 10 (Ten) years and
maturity age 80 years and another one
(ii) another one is 24742281 yearly
Premium is Rs. 1,60,000/- for 10 (Ten)
years and maturity age 80 years.
02 19/12/2024 and 27/12/2024 surrender two policies, dated 19/12/2024
for policy no 24674279 and dated
27/12/2024 for policy no 24742281 he
officially surrendered two policy
03 January month of 2023 to That after surrender of two policy the
10/12/2024. And opposite party given in respect of policy
no 24674279 an amount of Rs 28,720/-
February month of 2023 to along with (Rs.1, 886.23 * 24 months) =
12/12/2024 Rs. 45,269/- Total Amount of (Rs
28,720/- + Rs. 45,269/- ) = Rs. 73,989/-
That after surrender of two policy the
opposite party given in respect of policy
no 24742281 an amount of Rs 36,400/-
along with (Rs.2,745.45 * 23 months) =
Rs. 63,145/- Total Amount of (Rs
36,400/- + Rs. 63,145/- ) = Rs. 99,545/-
04 03/01/2025 at 5:11 P:M Complainant lodged a complaint through
e-mail
05 13/01/2025 one another reply e-mail was received
from PNB MetLife and wrote that as per
terms the surrender value was already
credited in your account
13
BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION SOUTH 24 PARGANAS, AT
BARUIPUR
C.C. No. of 2025
In the matter of
Mr. GOPINATH MONDAL
.....Complainant
Versus
THE PNB METLIFE & OTHERS
..... Opposite
Parties
SYNOPSIS
The Complainant alleging deficiency in service and by misrepresentation and for
benefit of the Opposite Parties forcefully with ill motive sold two policies vide policy
no 24674279 whose yearly Premium Rs. 1,22,000/- and another one is 24742281
yearly Premium is Rs. 1,60,000/- in favour of your complainant, and at time of
selling the abovementioned two policies the opposite parties never disclosed the
actual truth and benefit of the said policies, by way of suppression and
misrepresentation the opposite parties sold abovementioned two policies in favour
of the complainant, being a illiterate person your complainant could not understand
the terms and condition of the abovementioned policies by way of tactfully and
misguided sold this polices in favour of complainant, the opposite parties never
disclosed amount of yearly the premium of two polices and in this regard your
complainant paid Rs. 2,44,000/- in respect of policy no 24674279 and paid Rs.
3,20,000/- in respect of policy no 24742281 and after that for lack of money your
complainant could not maintained yearly premium of two polices and on 14/12/2024
and 27/12/2024 your complainant surrendered two polices before the opposite
parties. After surrendered to the opposite parties tendered a total amount of Rs
73,998/- in respect of policy no 24674279 and Rs.99,545/- in respect of policy no
24742281 as a surrender money.
.
14
BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION SOUTH 24 PARGANAS, AT
BARUIPUR
C.C. No. of 2025
In the matter of
Mr. GOPINATH MONDAL
.....Complainant
Versus
THE PNB METLIFE & OTHERS
..... Opposite
Parties
MEMO OF PARTIES
Mr. GOPINATH MONDAL
S/o- Subal Mondal
Residing at Dakshin Kalyanpur, Baruipur, near Khogen Leaster School, Baruipur, Dist –
South 24 Pgs, Pin – 700 144, West Bengal
…….Complainant
-Versus-
1. THE PNB METLIFE Corporate Head Office in Mumbai is located at: 1st Floor,
Techniplex 1, Techniplex Complex, Off Veer Savarkar Flyover, Goregaon West,
Mumbai – 400 062.
2. THE PNB METLIFE Corporate Head Office in West Bengal is located at No 20A, 1st
& 2nd Floor, Park Street, Kolkata – 700016
3. The registered office of PNB MetLife India Insurance Company Limited is located
at Unit No. 701, 702 and 703, 7th floor, West Wing, Raheja Towers, 26/27 M G Road,
Bangalore -560001, Karnataka
4. The PNB MetLife South Kolkata Zonal Office is located at No 48/1A, 1st Floor,
Singhi Regency, Gariahat Road, Kolkata, West Bengal - 700019. It's situated in the
Gariahat area of Kolkata
… Opposite Parties
