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satish verma (service)     28 March 2008

consumer under consumer protection Act

   Can an Agent /Advisor of insurance company be treated as consumer for the purposes of consumer protection Act alternatively can an agent seek redressal from the insurance company for nonpayment of commission on the strenght of consumer protection Act.

Thanks



Learning

 20 Replies

shiva shanker (Legal Officer)     28 March 2008

Hi Dear Friend Satish, I am shiva from Hyd. As per reading your querry I would like to inform you that, since the service rendered by the Agent are purely of commercial in nature he cannot be treated as Consumer.

Mohit chawla (PRACTICE)     28 March 2008

an agent is not a consumer for the company. because he is not fulfilling the pre conditions for consumer. he covered under the principal - agent relation.

Guest (n/a)     30 March 2008

no he is not a consumer

SANJAY DIXIT (Advocate)     31 March 2008

An agent /advisor of insurance company does not come in the definition of consumar.

Usha Rani K   01 April 2008

I would like to know if Banks utilising various services come under the definition of consumer in case of deficiency in rendering such services

Guest (n/a)     01 April 2008

yes, Banks rendering services fall under the category of consumer.

Pankaj Rai (Lawyer)     14 September 2008

YES, he comes under the definition of C.P.Act because services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.


Pankaj Rai. 

Sachin Bhatia (Advocate)     29 December 2008

No an agent or advisor can not come under the defination of the consumer.

Sushil Kumar Bhatia (Advocate)     30 December 2008

No, You cannot be treated a consumer under the act because as agent/advisor you have given your service to your pricipal/company.you can file  civil suit for recovery of commission .

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

Yes, it is absoltely right that an agent /advisor of insurance company does not come in the definition of consumer.

sanjay singh thakur (advocate)     23 January 2009

Dear Satish


As per definition of the consumer u/s 2 (1) (d) of the C.P. Act,1986 an agent of the Insurance Company cannot be said to be consumer. Moreover to file any case before the Consumer Forum under C.P.Act one need to be Consumer. As the relationship between agent and Insurance Company is one of Principal and Agent hence an Agent cannot come within the purview of Consumer.


(Guest)

NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE.09325226691,09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com.


KINDLY NOTE YOU NEED NOT FILE A COMPLAINT TO CONSUMER COURT AS YOU ARE NOT A CONSUMER.


YOU HAVE A CONTRACT OF AGENCY WITH THE INSURANCE CO. AND NON PAYMENT OF COMMISSION FOR BUSINESS COMPLETED IS A BREACH OF CONTRACT HENCE YOU MAY PREFER A CIVIL SUIT IN CIVIL COURTS FOR BREACH OF CONTRACT AND CLAIM THE COMMISSION.


YOU MAY WRITE FOR FURTHER DETAILS


THANKS AND REGARDS.


NANDKUMAR B. SAWANT., M.COM.LL.B.,(MUMBAI), ADVOCATE


(Guest)

NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE.09325226691,09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com.


KINDLY NOTE YOU NEED NOT FILE A COMPLAINT TO CONSUMER COURT AS YOU ARE NOT A CONSUMER.


YOU HAVE A CONTRACT OF AGENCY WITH THE INSURANCE CO. AND NON PAYMENT OF COMMISSION FOR BUSINESS COMPLETED IS A BREACH OF CONTRACT HENCE YOU MAY PREFER A CIVIL SUIT IN CIVIL COURTS FOR BREACH OF CONTRACT AND CLAIM THE COMMISSION.


YOU MAY WRITE FOR FURTHER DETAILS


THANKS AND REGARDS.


NANDKUMAR B. SAWANT., M.COM.LL.B.,(MUMBAI), ADVOCATE


(Guest)

NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE.09325226691,09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com.


KINDLY NOTE YOU NEED NOT FILE A COMPLAINT TO CONSUMER COURT AS YOU ARE NOT A CONSUMER.


YOU HAVE A CONTRACT OF AGENCY WITH THE INSURANCE CO. AND NON PAYMENT OF COMMISSION FOR BUSINESS COMPLETED IS A BREACH OF CONTRACT HENCE YOU MAY PREFER A CIVIL SUIT IN CIVIL COURTS FOR BREACH OF CONTRACT AND CLAIM THE COMMISSION.


YOU MAY WRITE FOR FURTHER DETAILS


THANKS AND REGARDS.


NANDKUMAR B. SAWANT., M.COM.LL.B.,(MUMBAI), ADVOCATE


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