West Bengal

StateCommission

A/32/2018

Reba Saha - Complainant(s)

Versus

The Branch Manager, Operations, Kotak Life Insurance - Opp.Party(s)

Mr. Avijit Bhuina

03 Mar 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/32/2018
( Date of Filing : 11 Jan 2018 )
(Arisen out of Order Dated 11/12/2017 in Case No. Complaint Case No. CC/418/2015 of District Kolkata-I(North))
 
1. Reba Saha
C/o Atanu Laha, 28, Lane Kaikhali Chiriya More, Kolkata - 700 052.
...........Appellant(s)
Versus
1. The Branch Manager, Operations, Kotak Life Insurance
Gariahat Br., 46/31/1, Gariahat Road, Ballygunge, New Market(A.C), 5th Floor, P.S.- Gariahat, Kolkata -700 029.
2. Biswajit Mondal, Financial Adviser, Kotak Mahindra Old Mutual Life Insurance Ltd.
Gariahat Br., 46/31/1, Gariahat Road, Ballygunge, New Market(A.C), 5th Floor, P.S.- Gariahat, Kolkata -700 029.
3. Sr. Grievance Officer, Kotak Mahindra Old Mutual Life Insurance Ltd.
Santacruz, Mumbai - 400 098.
4. Customer Care Head, Kotak Mahindra Old Mutual Life Insurance Ltd.
Santacruz, Mumbai - 400 098.
5. Grievance Redressal Officer, Kotak Mahindra Old Mutual Life Insurance Ltd.
Kotak Towers, 7th Floor, Zone-IV, Building no.-21, Infinity Park, Off Western Express Highway, Goregaon Mulund Link Road, Malad(E), Mumbai -400 097.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Appellant:Mr. Avijit Bhuina, Advocate
For the Respondent: Abhik Kumar Das, Advocate
 Abhik Kumar Das, Advocate
 Abhik Kumar Das, Advocate
 Abhik Kumar Das, Advocate
Dated : 03 Mar 2020
Final Order / Judgement

Sri Shyamal Gupta, Member

The complaint case bearing no. CC/418/2015 filed by the Appellant since been dismissed by the Ld. District Forum, Kolkata-I (North) vide its Order dated 11-12-2017, aggrieved with such decision, this Appeal is preferred.

The complaint case relates to alleged mis-selling of 5 nos. insurance policies to the Appellant.

At the time of argument, both sides argued at length in support of their respective contentions.  We have also gone through the documents on record.

It appears from the record that all the disputed policies were issued during the months of August and September, 2014; whereas, cancellation request was made for the first time on 05-02-2015. 

In the first cancellation letter, the Appellant cited her poor financial condition for making such request. 

Subsequently though she complained of misleading information pertaining to premium payment terms, it is noteworthy here that the Appellant herself acted as an Advisor of the Respondent Insurance Company for sometime.  Thus, it was but natural that she was fully/sufficiently in the know about the pros and cons of those policies.    

As an Insurance Advisor, she was very much aware of the importance of checking the nitty-gritty of policy bond on its receipt from the Insurance Company and to point out the discrepancies, if any, within the free look period. 

Therefore, we cannot accept the contention of the Appellant as stated in the petition of complaint or the Memo of Appeal. 

In the given facts and circumstances of the case, we found no irregularity with the impugned order and as such, we are constrained to dismiss this Appeal, albeit without any cost.  

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER
 

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