ASHOK CHAWLA, GEETA GOURI, M.L.TAYAL, S.N.DHINGRA, S.L.BUNKER
Wedkumar B. Kapoor – Appellant
Versus
Metlife India Insurance Co. Ltd. – Respondent
1. The information in the present case was filed under Section 19(1)(a) of the Competition Act, 2002, ("Act") alleging abuse of dominant position by Opposite Party ("OP") under Section 4 of the Act by imposing unfair conditions upon persons procuring 'life insurance policies' from OP.
2. The Informant alleged that he procured a Met Smart Plus Policy (a whole life unit linked insurance policy) issued by OP in July 2007. As of July 2012, the informant had paid an amount of Rs. 90,000/- to OP as premium amount. In the month of February 2013, OP terminated the insurance contract unilaterally and refunded an amount of Rs. 8,229.29 to informant by invoking Clause 21of the insurance contract which reads as follows:
"after the first three policy years, if the surrender value falls below the annualized premium at any point of time, the policy would be terminated by paying the surrender value as on that date to you."
3. Informant alleged that the aforesaid Clause 21 of the insurance contract empowered the OP to terminate abruptly, unilaterally and without notice the contract of insurance effected with the informant. It was further alleged that OP occupied a dominant position since it enjoyed a
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