Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ruchi (HR Manager)     05 March 2009

False commitment and Fake signatures

Dear Lawyers,

in last feb 08 i have taken a policy from icici prudential which is a pension plan. on 28 feb 08 i went to the nearesh branch of icici bank and asked them that i wanted to go for FD but they convinced me to go for insurance policy of rs 50000 and it is conveyed to me that this is a single premimum policy. the policy was not send to me at my place. in november08 i requested for the policy and then in december i have recieved the policy. now when i recieve the email that the policy premium is due;  i have gone thru the policy documents and found that the policy term is of 23 years and out of 5 pages of the forms which i have filled up at the time of policy; i have signed on only last page. now where the term is written; it is overwritting and my forge signature are there. please suggest how to file a case against icici pru.

regards,

ruchi

 

 



Learning

 23 Replies

Rakesh Kumar (n/a)     06 March 2009

Dear Ruchi,


Lodge FIR in the nearest Police Station.After making out FIR if you feel that no action has been taken file case(Criminal Complaint) against company with help of your Advocate.


Also send complaint against company in the Insurance Regulatory Development Authority(IRDA).


Other Members veiw are also solicited.


 


Regards,


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

Mr. Rakesh is absolutely right. I do agree with the views of my Ld. friend.

A V Vishal (Advocate)     10 March 2009

I suggest you approach the Insurance Obudsman to resolve your dispute. In first instance file a written complaint with I R D A which is the regulatory body for Insurance sector

ritu bhadana (advocate)     10 March 2009

 i agree with mr. rakesh

Ruchi (HR Manager)     12 March 2009

i have given a mail to ICICI pru management ...they have given the time of 20 days to wait for resolution....should i wait for them or should i mail to IRDA also????

A V Vishal (Advocate)     12 March 2009

Dear Ruchi:


There is no harm if you approach IRDA with the matter, Even though they have told that they will resolve the matter in 20 days. I think the bank is trying to buy time to shrug off their responsibility.

PALNITKAR V.V. (Lawyer)     17 March 2009

Better wait and watch.

Rajneesh Malhotra (Advocate)     25 March 2009

Mam


Here are the steps>>


!. At the first instance you  can approach the insurance ombudsman. I suggest this because its the easiest channel for you. There the company representatives will also be called  and you can seek the refund of your money.


2. If you are not satisfied with the final order of the Ombudsman, you can always approach the consumer courts. The only limitation is that you cant allege fraud in the consumer courts.


What I am not able to understand is that how have you signed a blank declaration in the proposal form when you are an educated person.

Ruchi (HR Manager)     26 March 2009

Rajneesh,   i have given a mail to icici prudential and also mailed to IRDA , but didnt get any response till now......how can i approach the insurance ombudsman?


and while taking the policy it was very difficult to read 6  pages of terms and conditions and at that time we have not approached any executive but directly bank manager was dealing with  us; so we trusted them.

Swami Sadashiva Brahmendra Sar (Nil)     26 March 2009

you can opt any of the modes sugested by my friends.

Prabhat Kumar (Advocate)     27 March 2009

If this only a question of making the premium then you are bound to make the premium because you have signed the contract with the company. But in the present case it was signed by using deceitful means then the contract itself is void.


u should file a criminal complaint against the company and its agent under section 464 IPC.  

Kiran Kumar (Lawyer)     27 March 2009

well friend its a big problem with ICICI bank....i had a very bad experience with this bank.


in addition to lodging FIR and approaching IRDA.....make a complaint with the Reserve Bank of India (RBI) also....since u approached the bank first and they befooled u to take policy.


generally what happens the representatives of such pvt. banks misrepresent the policies in order to make money.


take a firm stand and initiate action immediately......criminal liability is must.

Rajneesh Malhotra (Advocate)     27 March 2009

Mam,


We are all well educated. We cannot blame anyone if we do not read the terms and conditions when we are investing our hard earned money. Lets not go by hearsay and invest through some preofessional who will charge a fee but will give good advise.


Its not only private insurance companies, but any team of marketing which to sell its product gives false assurances. We see it everyday with builders, consumer products, health insurance, vehicle insurance.


Please check regarding the ombudsman's office of your area from internet.


Please let me know if you need a format


For filing a complaint before the ombudsman all you need to write is a simple complaint in layman's language


1.Please give the complete details para wise.


2. Its just like narrating the complete story but in small paras.


3.Give dates if possible.


4. And also attach any supporting documents  like, the policy, letters written by you, emails etc.

Rajneesh Malhotra (Advocate)     27 March 2009

Mam,


though filing a criminal complaint is a remedy, but it would be difficult for you to follow that course. I think initially the complaint at Ombudsman should be sufficient.


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