NOTICE BY REGISTERED A/D

To,

1. Indiafirst Life Insurance Company

Addressed at: I) 12th and 13th Floor, North [C] wing,

Tower 4, Nesco IT Park, Nesco Center,
Western Express Highway, Goregaon (East)
Mumbai – 400063

II) Cyber Tower, 2nd,

Vibhuti Khand, Gomti Nagar,
Lucknow, Uttar Pradesh 226010

III) Princess Business Skyline,

Office No.-206, Second Floor
Opposite Orbit Mall, Agra Bombay Rd,
Vijay Nagar, Indore, Madhya Pradesh 452010

Sir,

I have instruction and authority from my client Smriti Gupta, d/o Late Mr. Yogesh
Gupta, resident of Allahabad bank wali gali sindh, Mahoba, U.P. 210427 to serve
you the following notice:-

1. That, my client is the resident of ______________(INDORE ADDRESS)

and was previously residing at Allahabad bank Wali Gali , Sindh, Mahoba,
District Mahoba U.P. 210427.
2. That, you noticee are a Life Insurance Company registered under the name
and style of Indiafirst Life Insurance Company Ltd. and provide life
insurance and its allied services across India.
3. That, father of my client Mr. Yogesh Gupta, with the intent of insuring his
life and devolving the benefits to his legal heir, invested in one of your basic
plan named as “INDIAFIRST MAHA JEEVAN PLAN” bearing Policy No.
70346698 which was purchased through Bank of Baroda as father of my
client was the account holder in the said bank and the agent of the said bank
approached my client’s father requesting him to invest in the same. The
agent, acting on behalf of you noticee filled the form on behalf of my
client’s father and submitted the same for processing. The said policy was
for the period of 15(fifteen) years commenced on 28.10.2016 and the same
was to expire on 28.10.2031. As per the terms of the policy, the policy
holder was supposed to pay a sum of Rs. 99,999/- (Rupees Ninety Nine
Thousand Nine Hundred Ninety Nine Only) per year for 15 (fifteen)
terms/years.
4. That, father of my client had paid the first two premiums in the said policy
of Rs 99,999/- each during the period of policy of the insured person i.e.
father of my client.
5. That, the Guaranteed Maturity Sum Assured in the said policy is Rupees
16,81,800/- (Rupees Sixteen Lakhs Eighty One Thousand Eight Hundred
Only).
6. That, father of my client passed away on 12.09.2018 while the said policy
was still in subsistence.
7. That, it is pertinent to mention here, as per the policy issued by you noticee
on 29.10.2016, under Annexure A, Part III , name of my client is shown as
Nominee along with her date of birth as 18.03.1992.
8. That, due to the sad demise of the father of my client i.e. Mr. Yogesh Gupta
on 12.09.2018 my client approached your office to claim the assured amount
to which she is entitled as a nominee but to her utter surprise, my client was
 shocked and taken aback when you noticee informed her that she was not the
nominee in the said policy but the person whose life was assured and
therefore she is not entitled to claim the assured amount and any amount
would only be payable if she pays the aforementioned premium for a further
period of 13 years.
9. That, the said arrangement of making the same person as Life Assured and
Nominee leads to no logical conclusion and you the noticee are taking undue
and unlawful advantage of a clerical error where instead of making the
father of my client, Mr. Yogesh Gupta as the person who’s Life is assured,
the agent and your employees have in the most mechanical and absurd
manner, without any application of mind, have entered the name of my
client i.e. daughter of Mr. Yogesh Gupta under both heads i.e. Life Assured
as well as Nominee.
10. That, when the intimation of the sad demise of father of my client was made
to you the noticee, surprisingly you noticee issued a new policy dated
__________ to my client bearing same policy no. (70346698) in which part
III has been deliberately edited out and removed therefore causing unjust
enrichment to you noticee. This has been done by you noticee upon realizing
the mistakes made by you and your employees and these are desperate
attempts made by you the noticee to justify your stand and in order to avoid
the due payments to which my client is entitled to. By forging the original
documents and using them against our valid interests, the said act is in
contravention of, inter alia, section 467, 468, 420 and 471 r/w S. 34 of
Indian Penal Code, 1980. Not only have you violated the criminal laws of
this great nation, but have also cut a sorry figure for yourselves and your so
called ‘esteemed’ company by stooping to such cheap tactics.
 11.That, both the policies issued by you noticee are in possession of my client.
The manipulation in the documents are prima facie evident and will be used
against you noticee as such fraud cannot be allowed and clueless customers
will continue to be fooled by you noticee if not stopped.
12.That, you noticee is the beneficiary of wrongful gain and cheated my client
by not paying her the assured amount as she is the legitimate nominee in the
said policy.
13. That, the act of you noticee has not only upset my client and her family
members but also shattered high esteem which my client had for
INDIAFIRST as “deficiency in service” has been adopted by you noticee.
I, therefore, by way of this notice, call upon you noticee to pay the
assured amount of Rs. 16,81,800/- (Rupees Sixteen lakhs Eighty One
Thousand Eight Hundred Only) to my client as she is the nominee in the said
policy alongwith an interest @ 24% per annum. Alongwith a sum of Rs.
25,000/- towards damages on account of mental agony faced by my client
and her family members.
Besides the aforesaid, my Client reserves her right to take appropriate
criminal action against you noticee, for having committed an act of forgery.
A sum of Rs. 5,000/- being the charges of this notice is also payable by you
noticee.
A copy of this notice is being kept secured in my office for any further
action.
_________________
INDORE KANISHKA GUPTA
DATE: __________ ADVOCATE