Insurance fraud
Guest
(Querist) 18 August 2013
This query is : Resolved
My 75 yr grandaunt(widow), in Faridabad, was sold a HDFC Life insurance policy @ an annual premium of Rs 1,50,000 on the understanding that she is the insured person and I (her niece) am the beneficiary.
I discovered this when I recd the half yearly statement and realised the policy is TOTALLY OPPOSITE. I am the insured person and she the beneficiary. I NEVER received the original policy nor did I EVER sign any proposal forms.
I immediately complained and asked the policy be annulled, as my signature was obviously forged.
After 8 months, they now agree to annul the policy subject to me signing an indemnity bond which says I applied for the policy, have not recd it, and am requesting a duplicate. NONE of these facts are TRUE.
Should I sign the indemnity bond that contains untruths ?
Can I instruct them to refund the money to my Aunt ?
Should I pursue the forged signature as a criminal offence?
Sudhir Kumar, Advocate
(Expert) 18 August 2013
not understood
what was written on insurance proposal?
why it should be believed that insurance co agreed to insure 75 yr old person?
Sudhir Kumar, Advocate
(Expert) 18 August 2013
repeated http://www.lawyersclubindia.com/experts/Insurance-fraud-416641.asp
Guest
(Querist) 18 August 2013
Sir, they lied to my aunt just to sell her the insurance policy. She was told that she was insured despite being 75 yrs old and I am the beneficiary.
But actually they forged my sign on the proposal form which states that i am the insured person and she is the beneficiary.
Rajendra K Goyal
(Expert) 18 August 2013
You may lodge FIR against the person who cheated. Never sign an indemnity containing wrong facts.
prabhakar singh
(Expert) 18 August 2013
Take them to charge.
File FIR of cheating and forgery.
Do not agree to give any indemnity.
After setting criminal law in motion also file consumer forum complaint for damages and harassment caused,they shall cough out all swallowed in one doze.
Get in touch of a nearby lawyer with ideas explored here.
Guest
(Querist) 18 August 2013
Sir, my Aunt is in Faridabad where the policy was issued by HDFC Life and I am in mumbai. Where should the FIR be filed?
ajay sethi
(Expert) 18 August 2013
the insurance policy must be having a clause as to jurisdction in the event of any disputes .
prabhakar singh
(Expert) 18 August 2013
The place where first installment was collected from your aunt and your signatures were forged on proposal form.Make accused also the agent who visited to sale policy to your aunt.
Devajyoti Barman
(Expert) 18 August 2013
You should lodge complaint from where the Policy was issued.
Rajendra K Goyal
(Expert) 18 August 2013
FIR is to be lodged at Faridabad.
In Haryana, Case may be filed at Lok Adalat (Public Utility)instead of Consumer Forum.
prabhakar singh
(Expert) 18 August 2013
Well Mr.Sethi! I hope You would please appreciate that terms of policy can not bind a person who is claiming fraud, and forgery played upon her in making misrepresentations as to person being insured and person being beneficiary and forging signature of beneficiary showing proposer.
R.K Nanda
(Expert) 18 August 2013
no more to add.
Guest
(Querist) 18 August 2013
Thank you very much Experts.
I have not recd the original policy but now HDFC is claiming they couriered it to me in june 2012 and acknowledgement bears society watchman's sign.
Is that valid proof of delivery to me, because i have never recd it.
ajay sethi
(Expert) 18 August 2013
prabhakar singhji
no harm in playing safe . the grand aunt was sold policy . she may have signed some blank documents on basis of representations made by agent . the querist realises the fault in policy after 6 months when she receives the half yearly statement .
the quersit mentions that she never signed any proposal form . in event she moves consumer forum the prelimianary objection taken would be as to jurisdiction .
why take a chance ? i appreciate your point that fraud vitiates the policy . however no harm in playing safe and filing complaint in place mentioned in policy
ajay sethi
(Expert) 18 August 2013
insurance policy has to be delivered to you at your residence not handed over to society watchman .
prabhakar singh
(Expert) 18 August 2013
Well?But here is a question of crime of forgery and cheating that took place in Faridabad,Mr.Sethi and an FIR is proposed to be lodged at place of crime.
Guest
(Expert) 18 August 2013
Contents of the proposal matter much. Better call for a copy of the same and check what type of mistake on whose part lies there. Don't try to hit in the dark.
Sudhir Kumar, Advocate
(Expert) 19 August 2013
generally signature of beneficiary is not there on the proposal only proposer signs.
You seem to be still not fully conversant with facts of the case.
Given facts do indicate a criminal offence in Faridabad.
prabhakar singh
(Expert) 19 August 2013
True! and that is what she is saying.Her aunt was visited by agent HDFC at her residence at Faridabad to buy insurance and by misrepresentation amounting to fraud was allowed to understand that she was being insured but was not asked to sign rather signature of author was forged as proposer and aunt was shown as nominee(in author's word beneficiary)
Guest
(Querist) 19 August 2013
Thank you Prabhakar Singh Sir!
Indeed my grandaunt was sweet talked and persuaded by HDFC bank agent on March 31 last year into buying the policy.
Please if I may ask one last question...
Do I need to physically travel to Faridabad to file the FIR (without possessing the original or a copy of the insurance policy)or do I have other options ?
Devajyoti Barman
(Expert) 19 August 2013
Yes, you have to travel to the PS if you wish to lodge any complaint.
prabhakar singh
(Expert) 19 August 2013
In my opinion it was your aunt who paid the premium from her account and it was she who was defrauded by misrepresentation then FIR should be lodged by her telling disclosure of fraud through you.
Guest
(Querist) 19 August 2013
Thank you all the experts for pointing me in the right direction.
I will get my act together and take them to task.
Guest
(Expert) 19 August 2013
U r welcome.
