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Anonymous
in Insurance Law Civil Law Criminal Law
Asked August 01, 2017

Defrauded by insurance agents

  • 2 Answers
  • 286 Views

Sir/ Madam, I am 67 years old single and unmarried woman. Agents of Private Insurance companies have looted my hard earnings kept for my old-age, by advising me to purchase insurance policies. I have invested more than 5 Lac and came to know that all the policies are of Regular Premium type, I have to pay that much amount of premium every year. Now the agents are threatening me to pay renewal premiums and also sent a legal notice against my complaint I have made to the Insurance companies.What is the legal way to recover my lost money and to teach lessons to such agents? Please reply.

Answers 2

Legal Advice

1.  It appears from the fact that you can file complaint under Consumer Protection Act against the agent as well as company.

2. It is necessary to read the termination of policy clause and then after taking proper decesion you can cancel the policy.

Agree Comment 0 Agrees over 3 years ago

 

 

 

 

Dear Sir/madam,

You can file a consumer complaint in the Hon’ble District Consumer Forum under the garb of Unfair trade practice section 2(r)[1] of the Consumer Protection Act 1986 –the contents of the section are provided below for your perusal. The petition should clearly mention and state that you were made to believe certain made up facts and were not disclosed the exact amount of the policy to be made.

The other remedy is regarding a criminal complaint to be filed with the Judicial Magistrate under Section 415[2] of the Indian Penal Code, which talks about Cheating.

 

 

[1]  "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely;—

(1)   the practice of making any statement, whether orally or in writing or by visible representation which,—

(i)   falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;

(ii)  falsely represents that the services are of a particular standard, quality or grade;

(iii)  falsely represents any re-built, second-hand, reno­vated, reconditioned or old goods as new goods;

(iv)  represents that the goods or services have sponsor­ship, approval, performance, characteristics, accesso­ries, uses or benefits which such goods or services do not have;

(v)   represents that the seller or the supplier has a spon­sorship or approval or affiliation which such seller or supplier does not have;

(vi)  makes a false or misleading representation concern­ing the need for, or the usefulness of, any goods or services;

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;

      Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;

(viii)makes to the public a representation in a form that purports to be—

(i)   a warranty or guarantee of a product or of any goods or services; or

(ii)   a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or prom­ise is materially misleading or if there is no reasonable prospect that such warranty, guaran­tee or promise will be carried out;

(ix)  materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;

(x)  gives false or misleading facts disparaging the goods, services or trade of another person.

Explanation. - For the purposes of clause (1), a statement that is— 

(a)  expressed on an article offered or displayed for sale, or on its wrapper or container; or

(b)    expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or

(c)     contained in or on anything that is sold, sent, delivered, transmit­ted or in any other manner whatsoever made available to a member of the public,  

shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained; 

 

[2] Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation- A dishonest concealment of facts is a deception within the meaning of this section.

 

Agree Comment 0 Agrees over 3 years ago

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