Kiran Jaiswal v. The Chairman, Life Insurance Corporation Of India And ORS.

03.01.2025 Ct. 14 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24153 of 2024 Kiran Jaiswal -versus The Chairman, Life Insurance Corporation of India & Ors.

Mr. Avijit Ghoshal.

...For the Petitioner.

Mr. Avishek Guha.

Mr. Ankush Majumdar.

... For LICI.

1. The petitioner is aggrieved by the impugned communication dated 30th August, 2024 by the Manager (L & HPF), LICI rejecting the prayer of the petitioner for refund of the money allegedly deposited by the petitioner as one-time premium in respect of a policy of the company.

2. The impugned communication clearly mentions that the petitioner failed to submit any receipt issued by LICI towards acceptance of the one-time premium of rupees two lakh.

3. Learned advocate for the petitioner draws attention of the Court to the document annexed at pages 28 and 30 of the writ petition in support of the submission that those documents were issued by the LICI evidencing receipt of payment.

4. On a perusal of the said documents, it appears that one of it is an agent's proposal and policy register and the other is the agent's commission chart for certain policies. There is nothing on record to show

any receipt issued by LICI accepting payment of onetime premium of rupees two lakh.

5. It is the consistent stand of LICI that the documents relied upon by the petitioner is all fake and fraudulent ones, generated by some of the staff of the company in collusion with the agent.

6. It appears that there are several disputed questions of facts, which cannot be adjudicated by the writ Court. The authority contends that the documents relied upon by the petitioner is fake and fraudulent. The writ Court is not the authority to adjudicate the genuineness of the said documents.

7. In view of the above, no relief can be granted to the petitioner in the instant writ petition.

8. The writ petition fails and is hereby dismissed.

9. It will be open for the petitioner to approach the competent forum for relief, if so advised.

10. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)