Insurance Policies were Surrendered by the LIC Manager without any request by the insuree!
Md Shadab Ansari
(Querist) 14 April 2011
This query is : Resolved
Dear Learned Advocates,
Kindly Advise me,
Insurance Policies were Surrendered by the LIC Manager without any request by the insuree, and also issued cheques. When the insuree got the knowledge he sent a legal notice to the branch manager of LIC and the manager after the reciept of the legal notice restored all the policies. Now the insuree wants to file a criminal case against the manager.Kindly suggest me what are the sections can be imposed against the manager apart from Criminal Breach of Trust, Forgery and cheating.
Thanks
Raj Kumar Makkad
(Expert) 14 April 2011
As the matter has already been resolved and manager has also continued the policy as if there was no discontinuation so matter ends and it seems that the same was an error on the part of manager. it may be bonafide as manager shall not get any personal benefit in case he discontinues your policy immaturely. No criminal offense is made out.
Naresh Kudal
(Expert) 14 April 2011
If there is no intention to get some benefit for himself causing loss to you, no offence is made out.
Md Shadab Ansari
(Querist) 14 April 2011
The manager has surrendered the policies and also issued cheques but the insuree didnt get the cheques and the policies were surrendered without any written request of the insureree.It was a conpiracy between the agent and the LIC manager as the insureree is illiterate and has lost the policy bonds.The insureree has also asked the manager to restore the policies but the manager didnt pay any heed to his request.The manager restored the policies only after the legal notice.
SAANJAAY GUPTAA
(Expert) 15 April 2011
you can not file a criminal case against the manager and the agent but you can file a case before the consumer forum for the deficiency of the service by the manager and the agent.
Guest
(Expert) 15 April 2011
I agree with the opinion of experts. If the insurant is illiterate, why he wants to get in to the tangle of litigation to get further harassed due to some complexity, if there be any, in his insurance case?
Mind it, the the organization of LIC will fight the case officially, not the manager, through their team of lawyers at the cost of the organization if the act of the manager was in good faith, while the insurant will have to fight his case at his own cost and risk.
RAJU O.F.,
(Expert) 16 April 2011
How could the Manager surrender your insurance policies, without your knowledge?. Normally the policies would be in your custody. If you had submitted the policies to the manager, for obtaining the surrender value, the manager would be justified in sending you back the accrued surrender value. Hence, your problem is not so clear. Any how, since the matter is resolved by restoration of your policy, any further action against the manager, is not advised.
