insurance company forgery with agents
Niyamat Hussain
(Querist) 09 February 2010
This query is : Resolved
I am fresher advocate but i dont no law abut Insurance law matter is,
A insurance com. name Is Tathagat insurance pvt, Ltd. in this com. my fathar is an agent worker he open a new acc. an other person policy, after few years the com closed all policy is stay. some person claim against MD of insurance com. after this a policy holder complaint in police chouki agains my father police called my father said to my father give him money, but some policy instollment deposit by father he give huim all slip, pls give me good solution
Raj Kumar Makkad
(Expert) 09 February 2010
Neither police can intervene nor your father is liable to pay any amount. You should make complaint to the higher police officials and seek their help and should convince that your father was only an agent and has not retained any deposited amount except his agency commission.
B K Raghavendra Rao
(Expert) 09 February 2010
Your father has collected the money in his capacity as an agent of an insurance company. If the insurance company is closed, the clients loose their money. Naturally, the affected people would give police complaint against the company of which your father was a direct part of. Moreover he has received money but deposited into the insurance company. As your father has received the money, he is also liable for action. Police can book case against your father, MD and other responsible officers, Directors of the insurance company for cheating. Of course, later on during trial it is possible to establish that your father has not committed any offence. But, as for now, your father is liable to be an accused.
Kiran Kumar
(Expert) 09 February 2010
well i agree with Mr. Makkad, but Mr. Rao has probably aggravated the problem for Hussain....sorry Mr. Rao I had to say that.
Hussain, there is no FIR pending at this stage against ur father or the insurance company, the action of police therefore is illegal.
technically agent is not responsible for the refund of amount, ur father merely acted as a salesman, primarily the liability is that of company only.
if without the registration of FIR the police harasses ur father then u may approach the higher police officials or may approach HC by way of appropriate petition.
if any FIR is registered against company and ur father then certainly he will have to face trial and prove himself innoncent.
B K Raghavendra Rao
(Expert) 11 February 2010
In many chit (cheat) fund companies, we have seen even the managers of the company apart from director, managing director being arrested for interrogation and charge sheeted as they are all part of a criminal act - directly or indirectly involved in the crime. Here also, the father is involved in the crime of cheating not to one or two persons for large number of persons in the society. Being an agent, he collects the money from people and therefore he is liable to answer the investigators about his role in the crime and what he does with the money is the second step of the case.
The police in India are not easy to be taken granted for. They investigate with each and every angle of possibilities.
With this in background, I had posted my opinion not to intentionally aggravate or hurt the questioner.
