IRDA का वकील कोर्ट में झूठ बोलता है और Corrupt अधिकारिओ को बचाता है
Mumbai:A public Interest Litigation was filed at Bombay High Court that ICICI Prudential Life is selling policies without approval certificate. Insurance regulator IRDAI was main respondent in the PIL in 61/2013. IRDAI Ananthakrishnan, General Manager, Legal & TAC hired advocate Daya Gupta from Mumbai with high fees. The VP was filed in the name of Advocate Daya Gupta by Ananthakrishnan GM Legal. In the court Daya Gupta sent his juniors Mr Paritosh Jaiswal and Ms Harshada Nagare and they gave statement that Insurance Policies approval certificate is uploaded in website,but in RTI reply they said they have no format of approval certificate.
It has been observed that VP has been filed in Daya Gupta but he never represent IRDAI personally. He is sending his juniors or companion to represent IRDAI. For high fees this is trick to sign VP of Top advocate and get service of junior advocates. The legal department may be getting favour for this cheap service.So they are not taking objections for breach of trust.It is illegal to represent client without authorize vakalatnama as per advocate act .
Giving false statement in court is crime and now the petitioner is filing criminal case against officers of IRDAI and advocate. Clients should be cautious from such advocate in future.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 61 OF 2013
Mr. Sapan Shrivastava .. Petitioner.
V/s.
State of Maharashtra
& Another .. Respondents.
Petitionerinperson.
Mr. Paritosh Jaiswal with Ms. Harshada Nagare i/b. Mr. Daya Gupta, for
Respondent No.2
CORAM: MOHIT S. SHAH, C.J. &
M.S.SANKLECHA,J.
DATE : 1 APRIL 2014.
P.C:This
Public Interest Litigation (PIL) seeks a direction to
Insurance Regulatory and Development Authority (IRDA) to :(
i) make available to the general public, the product approval
certificate granted by it of all life insurance plans issued by
Insurance Companies in India; and
(ii) prohibit Insurance Companies from selling its Life Insurance plans
without having obtained the product approval certificates.
2 The grievance of the petitioner in this PIL is against all
Insurance Companies in general, although it refers only to the facts of
Unit Linked ProductsICICI
Pru Life Time Super Policy issued by ICICI
Prudential Company Ltd. It is contended that the sale of Life Insurance
Policies in the absence of approval from IRDA is fraught with risk as the
plans itself, may not be viable. This would lead to general public i.e.
innocent policy holders who left high and dry when in need of funds
and/or on maturity of the policies. It is the petitioner's submission that
this practice of IRDA of not approving the life insurance policies runs
across the board i.e. in respect of all policies of Life Insurance issued by all
Insurance Companies in India. It is the petitioner's submission that in
spite of his calling upon the IRDA to make available to him the product
approval certificate with regard to 'Unit Linked – ICICI Pru Life Super'
issued by ICICI Prudential Life Insurance Company Ltd., the IRDA has
failed to furnish him the same.
3 As against the above, learned Counsel for IRDA invites our
attention to Exhibit Npage
86 to the petition ( letter dated 25 April 2013)
wherein the ICICI Prudential has informed IRDA that all its Life Insurance
products have been approved by IRDA and the same has been informed to
the petitioner by letter dated 20 June 2012. In fact, the link to the website
of IRDA where the product approval certificate is displayed was informed
to the petitioner. It is also contended by learned Counsel for IRDA that
the petition is not a bona fide petition as there is some dispute between
the petitioner and ICICI Prudential Life Insurance Company leading to
termination of petitioner's services as Insurance Advisor with ICICI
Prudential Life Insurance Company w.e.f. 15 April 2009. Therefore, it is
submitted that this petition as a PIL is only a result of his above
termination by ICICI Prudential Life Insurance Company Ltd.
4 In this case, we find that the IRDA has approved the policy
called 'Unit Linked ICICI Pru Lifetime Super Policy'. The approval granted
by IRDA is available on the website of IRDA. The petitioner has been
informed about the Link to the IRDA website as far back as 20 June 2012.
We are informed by learned Counsel for IRDA that in all cases of Life
Insurance products being offered by Insurance Companies, the IRDA if
satisfied on examination of the product, grant a product approval
certificate which is uploaded on the IRDA website. Thus, the approval
granted by IRDA is available on the website of IRDA and the same could
be accessed to by the petitioner or any person before
purchasing/subscribing to insurance policies offered by any of the Life
Insurance Companies.
5 We are informed by the regulating authority i.e. IRDA that the
life insurance policy in this particular case of 'Unit Linked ICICI Pru Life
Super' issued by ICICI Prudential has been approved by it. Moreover, the
sale of it is also in accordance with the approval and guidelines issued by
IRDA.
6 In the circumstances, we see no reason to entertain the PIL
and the same is dismissed, with no order as to costs.
CHIEF JUSTICE
(M.S.SANKLECHA,J.)
Abs 3 of 3
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Mumbai:A public Interest Litigation was filed at Bombay High Court that ICICI Prudential Life is selling policies without approval certificate. Insurance regulator IRDAI was main respondent in the PIL in 61/2013. IRDAI Ananthakrishnan, General Manager, Legal & TAC hired advocate Daya Gupta from Mumbai with high fees. The VP was filed in the name of Advocate Daya Gupta by Ananthakrishnan GM Legal. In the court Daya Gupta sent his juniors Mr Paritosh Jaiswal and Ms Harshada Nagare and they gave statement that Insurance Policies approval certificate is uploaded in website,but in RTI reply they said they have no format of approval certificate.
It has been observed that VP has been filed in Daya Gupta but he never represent IRDAI personally. He is sending his juniors or companion to represent IRDAI. For high fees this is trick to sign VP of Top advocate and get service of junior advocates. The legal department may be getting favour for this cheap service.So they are not taking objections for breach of trust.It is illegal to represent client without authorize vakalatnama as per advocate act .
Giving false statement in court is crime and now the petitioner is filing criminal case against officers of IRDAI and advocate. Clients should be cautious from such advocate in future.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 61 OF 2013
Mr. Sapan Shrivastava .. Petitioner.
V/s.
State of Maharashtra
& Another .. Respondents.
Petitionerinperson.
Mr. Paritosh Jaiswal with Ms. Harshada Nagare i/b. Mr. Daya Gupta, for
Respondent No.2
CORAM: MOHIT S. SHAH, C.J. &
M.S.SANKLECHA,J.
DATE : 1 APRIL 2014.
P.C:This
Public Interest Litigation (PIL) seeks a direction to
Insurance Regulatory and Development Authority (IRDA) to :(
i) make available to the general public, the product approval
certificate granted by it of all life insurance plans issued by
Insurance Companies in India; and
(ii) prohibit Insurance Companies from selling its Life Insurance plans
without having obtained the product approval certificates.
2 The grievance of the petitioner in this PIL is against all
Insurance Companies in general, although it refers only to the facts of
Unit Linked ProductsICICI
Pru Life Time Super Policy issued by ICICI
Prudential Company Ltd. It is contended that the sale of Life Insurance
Policies in the absence of approval from IRDA is fraught with risk as the
plans itself, may not be viable. This would lead to general public i.e.
innocent policy holders who left high and dry when in need of funds
and/or on maturity of the policies. It is the petitioner's submission that
this practice of IRDA of not approving the life insurance policies runs
across the board i.e. in respect of all policies of Life Insurance issued by all
Insurance Companies in India. It is the petitioner's submission that in
spite of his calling upon the IRDA to make available to him the product
approval certificate with regard to 'Unit Linked – ICICI Pru Life Super'
issued by ICICI Prudential Life Insurance Company Ltd., the IRDA has
failed to furnish him the same.
3 As against the above, learned Counsel for IRDA invites our
attention to Exhibit Npage
86 to the petition ( letter dated 25 April 2013)
wherein the ICICI Prudential has informed IRDA that all its Life Insurance
products have been approved by IRDA and the same has been informed to
the petitioner by letter dated 20 June 2012. In fact, the link to the website
of IRDA where the product approval certificate is displayed was informed
to the petitioner. It is also contended by learned Counsel for IRDA that
the petition is not a bona fide petition as there is some dispute between
the petitioner and ICICI Prudential Life Insurance Company leading to
termination of petitioner's services as Insurance Advisor with ICICI
Prudential Life Insurance Company w.e.f. 15 April 2009. Therefore, it is
submitted that this petition as a PIL is only a result of his above
termination by ICICI Prudential Life Insurance Company Ltd.
4 In this case, we find that the IRDA has approved the policy
called 'Unit Linked ICICI Pru Lifetime Super Policy'. The approval granted
by IRDA is available on the website of IRDA. The petitioner has been
informed about the Link to the IRDA website as far back as 20 June 2012.
We are informed by learned Counsel for IRDA that in all cases of Life
Insurance products being offered by Insurance Companies, the IRDA if
satisfied on examination of the product, grant a product approval
certificate which is uploaded on the IRDA website. Thus, the approval
granted by IRDA is available on the website of IRDA and the same could
be accessed to by the petitioner or any person before
purchasing/subscribing to insurance policies offered by any of the Life
Insurance Companies.
5 We are informed by the regulating authority i.e. IRDA that the
life insurance policy in this particular case of 'Unit Linked ICICI Pru Life
Super' issued by ICICI Prudential has been approved by it. Moreover, the
sale of it is also in accordance with the approval and guidelines issued by
IRDA.
6 In the circumstances, we see no reason to entertain the PIL
and the same is dismissed, with no order as to costs.
CHIEF JUSTICE
(M.S.SANKLECHA,J.)
Abs 3 of 3
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