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Milind (dealer )     24 June 2015

Lic agent fall under which category ?

Hi,

As we all know an agent is a mediator between insurance company and insurance buyers, so under following circumcentences in which category an agent will fall -

A) If there is any dispute between insurance company and agent, then is agent liable to file a case in consumer forum as a consumer of Insurance company (in scene of not paying extra monetary benefits) ?

B) if there is dispute between deceased agent's family and insurance company regarding not paying extra monetary benefit & club membership allowance so may his family file a case against insurance company in consumer forum ?

C) I've filed a such case in consumer forum but Judge has refused to register the case, and ask me to submit a paper which show/mention that L.I.C Agent is a consumer.

   I'd a conversation with DO (Developing officer Mumbai) and he told me that in different condition agent fall in different categories, if he is selling a insurance to insurance buyer then he is mediator or financial adviser, but in case he is dealing and getting commission from insurance company in this condition agent being a consumer, I am confused over what is actual profile of agent please make it clean !

Thanks

 



 2 Replies

Suri.Sravan Kumar (senior)     24 June 2015

let me answer ur qstns

Q) If there is any dispute between insurance company and agent, then is agent liable to file a case in consumer forum as a consumer of Insurance company (in scene of not paying extra monetary benefits) ?

A) The dispute between agent and Insurance Company cannot be construed as consumer dispute as the relationship betwwen agent and the co is principle and agent and it falls under contract of personal service which is out of purview of C.P.Act

Q) if there is dispute between deceased agent's family and insurance company regarding not paying extra monetary benefit & club membership allowance so may his family file a case against insurance company in consumer forum ?

A) the answer isl be same as above

Q) I've filed a such case in consumer forum but Judge has refused to register the case, and ask me to submit a paper which show/mention that L.I.C Agent is a consumer.

A) You have to file civil suit against the co for your extra monetary benefir and club membership allowance.

Kumar Doab (FIN)     24 June 2015

The agency is awarded as per contract between insurance company and agent.

Indian Contracts Act provisions can be attaracted.

The agent is paid commission and incentives as per T&C of the contract.

THe DO has a point.


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