Is call recording a legal proof?

Indipendent Practice

 

Hello Sir/Madam,

 

Can police register FIR against an Insurance agent without any evidence, if a policy holder making a complaint saying 4 year back the agent told him to discontinue his existing policy and take a new policies from him, there is nothing in writing,  

The policy holder trying to harm social image of the insurance agent, because the insurance agent denied to paying him a hand loan of rupees) one Lakh,

And he is saying that he has voice recording of the conversation between the agent and himself. That the insurance agent told him not to pay remaining premium of his old policy and company will pay him the available fund value after 5 year and now his policy is Lapsed. and he lost one lak due to this.

Can police take action in the basis of call recording as evidence……………..

Is call recording a legal proof?

What action can be taken against the policy holder?

Regards

Rahul

 

 

 
Reply   
 

Dear Rahul,

Greetings. Call recordings are admissible evidence. However, the reliability and weightage given to them is for the trial court to decide on.

The agent can initiate criminal proceedings against the policy holder for intimidation and threat among others

Best wishes

 
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Indipendent Practice

 

Thank you very much sir, for your early and easy reply, one more thing sir, Can the Policy holder move for a case against insurance agent before civil court, if police denied to register  FIR  against the Insurance agent?  Or he has to go through FIR only………..

 

If the agent has already register an FIR against the policy holder IPC 507, and having FIR copy , and it has passed two week but policy is not acting on it, then  what the agent will do……

Regards & thanks

Rahul

 
Reply   
 

Dear Rahul,

Nothing would prevent the Policy holder from moving the Civil Court. Unless the agent wants to precipitate the matter further, he can wait for the action on the F.I.R. The agent can also approach the Civil Court, depending on his claim that the the policy holder has been harrassing him baselesly. A good case against the policy holder has to be made out.

Best Wishes

 
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Indipendent Practice

Thank u sir, thank u very much.

 

Thanks & Regards

Rahul

 
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Dy Director

but geneally the agents try to convince people to discotinue old policies and take one from them. If the customer has voice recording of the same he is in troubel may not be for criminal action but atleast his agency can be at stake.  For administratie action full 100% evidence is not needed and the decision can be taken by the company on the basis of circumstantial evidence. If approach of the agent to the client has a time nexus with the nuying of new policy and defauilt of old policy then the said recording completes the circumstantial evidence. 

 

In case the agent tries to take matter to court he contibutes to detriment of his professional reputation.

 

You are saying that nothing is in writing. True but while misguiding someone one is not expected to leave a written note that my deaar I am going to chear as under  ".........................."  The eivdence of victrim is sufficient.

 
Reply   
 
Indipendent Practice

Thank you very much Sudhir Kumar Sir,

You are right sir, you mean to say that the policy holder has been influenced by the agent and he acted according to the agent, but the question is who told him to record the conversation between them, for why, and when, is he recorded their conversation in first meeting or after taking the policy or after 4 years, and why this through come in his mind, if he had doubt about the transaction/deal or the agent, then he could have stop the deal immediately, instead of doing so he completed the deal and wait for 4 years and now after four year when the agent refuse to pay him a loan about one lakh, then he saying that, he has been misguided with false promise by the agent, and he has some voice recording of their conversation that the agent told him to do so, do you think this is appropriate to his complaint. When a person is this much literate and aware about law and he can do voice recording thinking about it can be used as evidence against agent then question is how can he do such a silly mistake to stop his old policy and buy new policy ?

Please correct me if I am wrong somewhere.

Regards

Rahul

 

Regards

Rahul

 

 

 
Reply   
 

You do not always need the right to record calls. If you use programs that record calls secretly.

 
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