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C. VISWANATH, RAM SURAT RAM MAURYA
Surender Singh Mann – Appellant
Versus
Tata AIG Life Insurance Company Limited – Respondent
ORDER
Heard Ms. Ritu Singh Mann, Advocate, for the complainant and Mr. Joydip Bhattacharya, Advocate, for the opposite party-1.
2. Surender Singh Mann (the complainant) has filed above complaint for directing the opposite parties (i) to discontinue the unfair trade practice of making false representations to prospective customers for the purposes of procuring business; (ii) declare that the commitment and representation made vide email dated 10.11.2010, is binding on opposite party-1 and shall form a part and parcel of the Policy document, overriding contrary clauses in the Policy No.U058735165; (iii) declare that the policy is unfair and faulty, in so far as it provides for payment of only the Fund Value in the event of the complainant surviving the policy and payment of either the Sum Assured or the Fund Value in case of death of the complainant and direct that in either situation (of the complainant surviving the term of the policy or upon his death during tenure of the policy), the complainant/his nominee shall be entitled to the Fund Value as well as the Sum Assured; (iv) Award exemplary damages against opposite party-1 for employing unfair trade practices and enriching themse
(1) Change of terms of the policy - The complainant sought to change the terms of the policy according to the representation of opposite party-2 and the officer of opposite party-1, which is not perm....
(i) Exclusionary Clauses – Unless the insured is duly informed about the terms and conditions of the policy, the exclusionary clauses of the policy cannot be made applicable upon him.(ii) Contractual....
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(1) Burden of Proof – Burden of proof regarding delivery lies with the insurer. The Commission termed the “personal delivery without receipt” argument as untenable.(2) Unfair Trade Practice – Asking ....
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