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VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

Punishment/penalty for false affidavit in consumer court

Respected members, as per my best knowledge, punishment for false affidavit, It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law.

But my question is if a bank submitted through written statement in consumer court that insurance policy was not sold (better to say tied-up) with loan to customer by bank & on that particular insurance policy bank did not earn any income. If complainant proves that the same insurance policy is being sold by bank & earn commission on that insurance policy through screenshot of bank website showing bank commission on insurance policy & the policy is offered to loan customers, is it punishable in the same manner as mentioned above? 
 



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 14 Replies

Kumar Doab (FIN)     01 September 2017

Did bank sell or issue the said policy in specific to customer in whose case complaint is  being heard in DCDRF?

If NO what is wrong on Bank's side!

VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

Yes, bank sold/issued the said policy to the customer whose complaint case is going on in NCDRC. Moreover insurance ombudsman declared the said insurance policy (health policy) as a wrong sell on the basis of property of insurance policy by bank (intermediary of insurance company) to cover mortgage loan & also noted that insured should have been sold simple Term Insurance Policy. Even then ithe same insurance policy was sold to loan customer to earn 5 times more commission compare to term insurance policy.  

Kumar Doab (FIN)     01 September 2017

Do you have your own counsel specializing in Consumer matters?

What is his opinion!

Kumar Doab (FIN)     01 September 2017

You may go thru:

THE CONSUMER PROTECTION ACT, 1986; 13(5)

 

https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html#_Hlk149662096

VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

I am handling the case as authorized representative & case is going on final arguements.

VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

One can imagine what would be number of sold policy, ombudsman award came in 2010 & now 2017, matter is related with one of the top private sector bank. I hope number of policy would have not been less than 25000 in 7 years.

Kumar Doab (FIN)     01 September 2017

Preferably show the case file to a very able LOCAL senior counsel specializing in consumer matters of unshakable repute and integrity and having successful track record...........

 

You can inquire in DCDRF and come across all such counsels.......

The extent clause of the Act has already been quoted.

VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

It is good case for PUBLIC INTEREST LITIGATION (PIL) too.

Kumar Doab (FIN)     01 September 2017

The expert counsels after examining case file may opine on prespective of;

application u/s 340 Read with section 195 of CrPC 1973 

private complaint  u/s 200 before competent magistrate

you may understand from counsels criminal offence u/s 191,193,195,199 of IPC, 1860 

Charge of perjury

Kumar Doab (FIN)     01 September 2017

Before jumping to any conclusions, check with counsels as already suggested and decide in consulation with expert LOCAL counsels ONLY. 

Kumar Doab (FIN)     01 September 2017

The private bank/intermediatory may have its local lawywres on its pannel; senior/junior/good/not so good, and shall try its level best to dodge you..............

 

If it has realized that you are not properly informed it and IT's lawyer's may apply all tricks of the trade. 

Kumar Doab (FIN)     01 September 2017

For getting ides you may go thru:

National Consumer Disputes Redressal
Reliance India Mobile Ltd,Mr. Man ... vs Hari Chand Gupta

VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

Thanks Kumarji for sharing the case with link.

Kumar Doab (FIN)     01 September 2017

You are welcome.

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