K.Mageshwari v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.22934 to 22936 of 2021 K.Mageshwari

...Petitioner

-Vs1. The Chairman, Insurance Regulatory and Development Authority, Survey No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad Pin - 500 032.

2. ICICI Prudential Life Insurance Co. Ltd., Old No.32, New No.42, First Avenue, Sasthri Nagar, Adyar, Chennai - 600 020.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent dated 21.11.2019, which blacklisted petitioner's insurance Advisor code No.ICI01298934 on online portal and quash the same and consequently direct the respondents to activate petitioner's Advisor code No.ICI01298934.

For Petitioner : Mr.C.Prabakaran For Respondents For R2 : Ms.M.Sandhiya For M/s.Rank Associates

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 21.11.2019, thereby blacklisted the petitioner's insurance Advisor code No.ICI01298934. 2.

Heard the learned counsel appearing on either side and perused the material places before this Court. 3.

The petitioner was granted license to act as an insurance agent for the second respondent. The petitioner was doing business under the second respondent. While being so, under the petitioner's license two insurance polices were issued to the customer. Thereafter, the policy holder lodged compliant that he was issued two new policies without his consent by closing his previous policy and transferred the funds towards premium for the two new policies. The same was informed to the Manager of the second respondent.

4.

According to the petitioner, the said policies were issued without her knowledge. However, to her illness in the month of August, 2019, she could not able to follow the complaint lodged by the policy holder. Therefore, the policy holder had taken up the issue before the first respondent. Thereafter the petitioner was issued with show cause notice alleging that the petitioner has forged the signature of the policy holder and issued two new policies without the consent of the policy holder. However, the petitioner failed to submit her explanation for the show cause notice. Therefore, the first respondent rightly blacklisted the license issued to the petitioner. This Court finds no infirmity or illegality in the order passed by the first respondent and the writ petition is devoid of merits and liable to be dismissed.

5.

Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.

22.04.2024 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Chairman, Insurance Regulatory and Development Authority, Survey No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad Pin - 500 032.

2. ICICI Prudential Life Insurance Co. Ltd., Old No.32, New No.42, First Avenue, Sasthri Nagar, Adyar, Chennai - 600 020.

W.P.No.21750 of 2021 and W.M.P.Nos.22934 to 22936 of 2021 22.04.2024