| First Appeal No. A/16/2020 | | ( Date of Filing : 06 Mar 2020 ) | | (Arisen out of Order Dated 28/01/2020 in Case No. CC/04/2020 of District Siliguri) |
| | | | 1. SMT. ARAKTI SINHA | | W/O- SRI. JAIDEEP SINHA, R/O-RAILWAY QUARTER NO-52/B, MAHANANDA COLONY, P.O & P.S-PRADHAN NAGAR, PIN-734003 | | DARJEELING | | WEST BENGAL |
| ...........Appellant(s) | |
| Versus | | 1. CIGNA TTK HEALTH INSURANCE COMPANY LTD & OTHERS | | REPRESENTED THROUGH & BY ITS CHIEF EXECUTING OFFICER, REG OFFICE AT-401/402, RAHEJA TITANIUM, GOREGAON EAST, MUMBAI-400063 | | 2. SRI. PRASUN KUMAR SIKDAR | | C.E.O AND MANAGING DIRECTOR OF CIGNA TTK HEALTH INSURANCE COMPANY LTD., 401/402, RAHEJA TITANINUM, GOREGAON EAST, MUMBAI-400063 | | 3. DEALMONEY SECURITIES PVT. LTD., | | REPRESENTED THROUGH & BY ITS DIRECTOR, REG OFFICE AT- PLOT NO-A356/357, ROAD NO-26, INDUSTRIAL ESTATE, MIDC, THANE-WEST, MAHARASTRA-400604 | | 4. PANDOO PRABHAKAR NAIG | | DIRECTOR OF DEALMONEY SECURITIES PVT. LTD., PLOT NO-A/356/357, ROAD NO-26, INDUSTRIAL ESTATE, MIDC, THANE-WEST, MAHARASTRA-400604 | | 5. SRI. ABHIJIT DEY | | ADDITIONAL DIRECTOR OF DEALMONEY SECURITIES PVT. LTD., PLOT NO-A/356/357, ROAD NO-26, INDUSTRIAL ESTATE, MIDC, THANE-WEST, MAHARASTRA-400604 |
| ...........Respondent(s) |
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| Final Order / Judgement | This appeal is directed against the order dated 28.01.2020 delivered by Ld. D.C.D.R.F., Siliguri in CC No 4 2020. The fact of the case in nutshell is that the appellant Smt. Arakti Saha registered a Consumer Complaint to the score that on the basis of phone call by respondent No. 3 Deal Money Securities Pvt. Ltd. of Maharashtra the Appellant/Complainant has gone into a negotiation for purchasing Health Insurance Policy from the Cigna TTK Health Insurance Co. having registered office at Mumbai, Maharashtra. After, telephone conversation the Complainant/ Appellant purchased through net service three insurance policies total coverage amount Rs. 7 Lakh Per Year for the insured and her spouse. The entire process of purchasing policy was done through cheque payment and internet process from Siliguri residence. The Complainant/Appellant has paid huge premium amount and the Insurance Company has sent three Insurance policies viz Jeevandhan Supreme, Jeevandhan Platinum and Jeevandhan Customised through post and the Complainant/Appellant has received the said policies at her resident at Siliguri through post on 25.09.2018 and after going through the terms and condition of the policies the Complainant found that some facts was concealed at the time of telephonic negotiations and came to know that the Insurance Company have been cheating the Complainant through a secret plan of misleading and misguiding their innocent customers over telephone by getting them in dark. After finding the discrepancies the Appellant/Complainant has expressed her intention to cancel the said policies over telephone and by written request urged the Insurance Company to refund the entire paid premium amounts and subsequently while her request for refund of the policies premium amount was not entertained the Lawyer’s notice was sent to the address of the O.P Insurance Company through mail as well as through post and in spite of that the Insurance Company did not pay any heed with the proposal of the Complainant and for that reason, she registered the Consumer Complaint. Ld. Forum at the time of admission hearing found that in this Consumer Complaint all the five number of Opposite Parties and their offices are located at Maharashtra and they have no Branch offices within the local limits of the Forum and the cause of action has not arisen within the local limits of the Forum and the Forum has got no territorial jurisdiction to entertain the Consumer dispute and for that reason under the provisions of Section 11(2) of C.P
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