Dear Sir(s)/Madam,

Subject: Legal Notice issued on behalf of my client Ms Poonam Mahendra Varman against
Edelweiss Tokio Life Insurance and her Development Manager (DM) GUDIA DILIP MISHRA
(A74684) along with Cluster Manager (CM) Mr.Hitesh Kanabar, and Branch Manager
(BM)Mr. Rajendra Shetty for remitting of commission/ renewal commission along with interest
and Penalty, and demanding strict disciplinary action/Legal action against the said DM,
BM,CM for criminal breach of trust, cheating, fraud, forgery, wrongful loss, criminal
conspiracy under company policies/code of conduct and provisions of India Penal Code
respectively.
Re: My client’s letters dated 02/092020, 05/09/2020, 23/09/2020, 28/09/2020, 29/09/2020,
30/09/2020, 03/10/2020 and your response dated 05/09/2020, 23/09/2020, 24/09/2020, 01/10/2020
and our meeting dated 03/10/2020.
Case details: (My client’s client details in respect of which no commission has been paid, and
also fraud/cheating/forgery committed by BM separately.)
1 My client’s client Mr.Anoop Goyal .
2 My client’s client Mrs. Neelam Hankare.
3. My client’s client Mr. Rahul Raghunath Shukla.
4. My client’s client Mr. Rajendra Shetty (who happens to be Branch Manager of Mulund Branch)
himself who used/ misused my client’s code but denied her rightful & legitimate commission.
Under the instructions of my client, I write to you as hereunder:

CASE NO.1
 That, my client Poonam Mahendra Varman residing at Padmavati Apt meena hospital Ganesh
Nagar, Ghansoli, Navi Mumbai, Thane - 400701, Maharashtra working with your esteemed
company as Personal Financial Advisor of with Agency Code No. : EDTA39977 with
Edelweiss Tokio Life Insurance, the no.1 leading company in the insurance sector, to solicit,
distribute and procure the life insurance products (‘Products’) of the Company for the last 2
years with Mulund branch.
 That, my client has been appointed vide Appointment Letter dated 17thDec 2018 issued by
appointing authority of Edelweiss Tokio Life Insurance. My client further states that pursuant
to her appointment, she procured business for the company from time to time under the DM
assigned to her.
 That my client in the course of the business (in the month of December 2019) introduced
Anoop Omprakash Goyal( her husbands’ boss) with her assigned DM in his Ghatkopar
office where my client’s husband Mahendra Vermal was also working. After meeting,
the said Anoop showed interest in buying policy and promised that he wants to buy more
policies from my client. For that purpose, the said Anoop shared KYC documents on my
client’s registered mail id with your company and also chatted for buying the policy which
goes on establishing that he was my client’s client and ought to be registered under my client
PFA code for all the existing and future policies as procured by him from your company.
Accordingly, my client becomes automatically entitled for all the commission and renewal
benefits of any policy procured by her client Anoop and it ought to have been registered
under her code which was not done by her DM, thereby deceiving her with an intention of
denying monetary benefits, her legitimate commission and other benefits which are incidental
to it.
 That, my client states that her DM logged in policy of 2 Lacs in the second week of August
2020, under another PFA, RANJEETA PANDEY for my client’s client Aoop Omprakash
Goyal which was actually my client’s client and the said Anoop Goyal was introduced by my
client to her DM Gudia Dilip Mishra in Dec 2019 and he took a policy of Rupees 50,000/
(policy no. 400259919E) at that time the said Anoop Omprakash Goyal also committed to
my client that he would go for more policies in the next few months at that time.
 That, my client’s client took more policies from your esteemed company and therefore, any
policy as taken by said Anoop Omprakash Goyal shall be under the code of my client, and my
client accordingly is entitled for the commission/benefits, renewal commission of Anoop
Goyal second policy/ any additional policies as sold to him by your company.

 That, to shock and surprise of my client, it is learnt that my client’s client for the reasons best
known to him and said DM, came in close connect with my DM who appears to started
approaching directly to my client’s client without her knowledge, consent, permission and
approval. Whenever, my client checked with the said DM on this, DM gave evasive replies
constantly, thereby confirming that the said DM is not only violating the code of conduct but
also gaining wrongfully thereby causing wrongful loss to my client.

 My client further states that there may be some more leads of my client which her DM have
used for her personal commission and to achieve targets as my client many a times discussed
and shared all her leads with DM. My client also state that her DM told to risk management
team that my client’s client had taken Max Life Insurance policy from her long back and from
there my DM knows him, had it been the case, why my client was not informed this in the
beginning when she had introduced Anoop Goyal to her DM, and thereby it clearly
establishes the connivance at larger scale and malpractices/ unfair trade practises/ modus
operandi used by relevant officials of the company in shielding the said DM.
 My client also state that the response dated 23/09/2020 which she received from your
company Sougata Pandey Head – Fraud Control Unit in response to case of Anoop Goyal is
not found to be satisfactorily at all, and such reply doesn’t withstand the test of law as it
suffers from many infirmities’.

 My client further states that vide email dated 01/10/2020, your company responded saying
that “Anoop Goyal-01st case was known to DM Gudia Dilip Mishra since the past few years
from Max life insurance co. and both the policies have been sourced by DM Gudia Dilip
Mishra. Please note that we have a written confirmation from [Anoop Goyal-01st case] in this
regard. The Complaint is being treated as closed accordingly” without sharing any details/
justifications on how the case was treated as closed and how Anoop Goyal who was my
client’s client who switched sides conveniently for the reasons known to him and the said
DM, and such acts shows ulterior motives smacked with malafide intentions. Due to all such
mess for which the said DM was responsible and accountable, my client husband had no
choice but to leave his job and he is jobless now when they need the job most due to
Pandemic situation.

 My client further states that in response to Sougata’s mail dated 23/09/2020, my client
responded vide her mail dated 24/09/2020 demanding to know on what basis the company has
closed her complaint against DM in case of Anoop Goyal. However, till date and despite of
repeated request and reminders, the company failed to furnish any documents / investigation
report / said letter of Anoop Goyal as my client is entitled to know the status / result of her
 prima facie complaint against the said DM and action taken by the company against her DM
who has been indulging in nefarious and unfair trade practises activities, thereby committing
criminal breach of trust, cheating, Fraud by unscrupulous means and consequently, my client
suffered huge loss which cannot even compensated in terms of money as she completely lost
confidence and trust in company which didn’t pay heed to sufferings of my client on repeated
instances. My client has not yet been paid her commission which she is rightfully entitled
under her PFA Code.

 My client further states that she was continuously following up on calls but her calls were
avoided by the concerned person. My client was promised that she would be updated but till
date no updation has been received, and to further shock, she got message that Mr.Diason
(risk management team investigating officer) was suffering from COVID-19 and on Medical
Leave.

 My client further states that in your response dated 23/09/2020, it was informed to my client
that a Risk team member of our company is currently unavailable due to medical leave. It is
surprising to note that in a matter of serious concern, my client got such a vague and
ambiguous reply devoid of any substance from your esteemed company of unit dealing with
matters of Fraud and Risk.

 My client further states that personal meeting held on 03/10/20202 at 1.30 pm at Ghatkopar
Edelweiss Tokio Branch, to discuss and resolve the complaints filed by my client against said
DM Mrs. Gudia Dilip Mishra, in the presence of the management , my client further states
that during the said meeting Cluster head Mr. Hitesh Kanabar had promised that they will
share the copy of all the documents filed by my DM Gudia Dilip Mishra in her defence,
including the letter issued by my client Anoop Goyal favouring Mrs Gudia Mishra by
05.10.2020.However, my client regret to inform you that, till date my client have not
received the said documents which clearly established the wrongful and deceitful act of my
client’s DM in connivance with other company officials which establishes how deep rooted
the issue brought forward by my client, and big threat to people working with such a reputed
company.

CASE NO. 2

 My client further states that to her horror, her DM once gain victimised her and cheated by
committing breach of trust, and this time it was more severe than the case no.1. My client
state that her another client Mrs. Neelam Hankare lodged the complaint in respect of Policy
bearing No. 400149366E, vide her E Mail dated 29.09.2020,addressed
to complaints@edelweisstokio.in with cc
to poonumsh@gmail.com and care@edelweisstokio.in, stating in the said complaint that
Neelam Hankare, took the policy from my client in good faith as she is my client’s family
friend.

 My client furthers states that her DM in her first and subsequent meeting promised and made
her believe by saying “you start the business and once you get any business for company till
then she will hold the application form and as soon as I gets my license she will logged in
under my code and also she took my client’s signature on the application form also”,
however, to my client’s shock, my client learnt that her instead of logging under her code,
the said DM logged in once again in another PFA name Ranjeeta Pandey, however, the fact
was that the said policy was procured/taken by my client’s client which was intentionally and
erroneously logged under PFA Ranjeeta Pandey by said unscrupulous DM for her personal
 motive ( her senior has to explain a lot in this regard) thereby once again committing
cheating and breach of conduct and violating code of conduct applicable to her under various
laws for which strong action required to be taken by company in order to secure justice not
only to my client but also to my client’s client, and this also establishes that said DM Gudia
Mishra and Ranjeeta Pandey hands are in collusion with each other had usurp my client’s
commission and undue advantage of my client trust in her DM and cheated hard earned
money of innocent PFA’s like my client, who are trying their level best to convince the clients
to get policies during such difficult times and selling the company policies.

 My client feels very disappointed as while she was looking up to her DM and trusting her
completely, while the said DM who was in position of authority and one point of contact
between company and my client, and due to good and trusting nature of my client was busy
planning to cheat my client by completely disregarding the hardships faced by my client in
generating business for your company and keeping my client in dark constantly, and instead
of rewarding my client dedication, hard work, the said DM completely discredited her
reputation in the market as consequently my client relationship with her client Ms Neelam
Hankare has also affected who was such a promising client and thus my client suffered loss of
business opportunity.

 That, as my client have been in touch with her DM regularly who had uttered the words “
let’s do the business and meets your prospective clients and since you have not got your
licence and you are my friend and if you gets the business I will hold that business and
put in your code once you got your license.” My client further states that not knowing the
DM’s true intention and trusting her like as any normal and prudent person shall have and
without any iota of doubt believed her DM and had introduced Ms Neelam Hankara who is
actually my client’s friend/client.

 That my client’s client once gave business to your company, my client’s DM logged in that
policy in another PFA name Ranjeeta Pandey thereby deceiving my client once again and
now for obvious motives. My client’s client written letter clearly demonstrates that she only
knows my client Poonam Varman and took policy of your company from my client basis her
good relationship with my client and with obvious thought that the said policy purchased my
client friend will be logged in my client’s code and not some other PFA by name Ranjeeta
Pandey who has nothing to do with my client’s client.

 That my client’s client Ms Neelam when she received the bond paper/ Policy papers , she was
shocked to know that her PFA name is mentioned as PFA Ranjeeta Pandey instead of my
client’s name ,and she informed my client immediately and also addressed a letter on which
we rely upon and copy of the said letter is already shared with you. This once again
establishes the deep nexus and modus operandi with which my client has been cheated once
again.

 That my client further states that as a result my client’s second client logged in under the said
PFA Ranjeeta Pandey, and consequently, lost her commission as well as the renewal benefits
of the policy. However, despite of many days passed, my client till date has not been received
as to action taken by the company against the said unscrupulous DM and her alleys involved
under some kind of conspiracy and thereby, not only cheating my client, and my client’s
client but also indulging in tarnishing the image / reputation of their own esteemed company
which shows that they have such a scanty regard for the values/ethics of the company and
 who are also clearly devoid of moral conscious which every human being should possess
otherwise.

 My client further state that the said complaint letter lodged by my client’s second client , on
plain reading of the letter it appears clearly that my client’s second client was also shocked to
see that it was showing Ranjeeta Pandey as PFA name instead of my client name and code i.e
Poonam Mahendra Varman (A37799). My client’s client has categorically stated that she
never ever knew this Ranjeeta Pandey in her lifetime and it was my client who visited her
house personally for this policy on good faith and had never had a conversation with this
Ranjeeta Pandey and further demanding for change the PFA name from Ranjeeta Pandey to
her PFA Poonam Mahendra Varman. My client’s client had further demanded and
requested for her original signed copy of my proposal form which is not showing in her
policy bond paper sent by the company. My client furthers states that this deceitful act of
the said DM speaks a volume about her true intentions and people above her needs to explain
a lot to company and also to my client. Atleasy my client’s client deserves to know why such
a dirty game has been played with her and why her PFA who is her family friend has been
denied her rightful benefits because of very reason why at the first place she bought policy
from your company.

 My client further states that since my client did not receive any satisfactory reply for the first
and the second case, it was already clear that by lodging third and fourth complaint will also
met with the same response as like first and second case, and thereby my client decided to
approach her Lawyer for seeking legal recourse in order to fight for her rights and her client’s
rights which trust was shattered by my client’s DM who has lowered the image of company
and my client and deceived my client and her client’s client.

CASE NO.3

 That my client states that as she came to know that her DM has been constantly cheating her
with two policies, my client decided to check her others clients policies as well only to get
another shocker in this third case and it was found that said DM Gudia Dilip Mishra has not
stopped here, but by taking advantage of my client’s trust and reputation went one step further
and committed forgery by signing in the form where my client signature is supposed to
appear. My client further states that upon further scrutinizing of the form it was revealed that
not only my client signature was forged but her client Mr. Rahul Raghunath Shukla was also
forged and all the details of my client’s third client was mentioned wrongly and on the basis
of the said forged signatures, a policy no. 400228268E in the name of my client’s client was
generated and issued by said DM.

 That my client further states that like my client’s other clients, said Mr Rahul Shukla is
also my client family friend and in good faith bought the policy for the TERM PLAN
from your company. That my client further states that my client’s worked very hard and
took lot of efforts to convince her family friends, relatives for taking/buying a life Insurance
policy from Edelweiss as selling policies in such times are not a matter of joke. After
continuous follow up from my client’s, the said 3 rd client of mine agreed to take a term plan
from your company. That my client explained him about the advantages of the policy and got
his signature in the dully filled proposal form for the term policy. My client further states that
 she also collected a cheque amount in favour of Edelweiss for the said term policy. That my
client states that after my client signing the proposal form in the PFA column, she handed
over the proposal form with cheque to the said DM in order to login the Policy.

 That my client further states that after few days when my client followed with her DM on her
policies, the said DM told /confirmed my client that the policy got logged in and my client’s
client would get the policy bond by post.

 That my client further states that on 02-09-2020 she received sms from Edelweiss that the
policy of her client Mr. Rahul Raghunath Shukla was getting lapse on 10-09-2020 and it had
to be renewed. So my client approached her client for the renewal of the Policy. But to my
client’s shock the client’s client told my client that he didn’t receive the policy bond and
Rs.28034 was deducted from his account for the policy which was against his wish. So my
client requested her client to contact the customer care to get the soft copy of the policy bond.
When he called the customer care number the customer care executive told my client that the
Email Id and Mobile no mentioned in the proposal form was wrong and asked him to update
the same. My client gave the executive his correct email Id and mobile no and got it updated.
After this the company sent him the soft copy of his policy bond to his email ID. While
checking the policy bond he shocked to see the following exceptions:

First of all it was not a term policy. He applied for term insurance only and my client herself
filled the proposal form for term policy and got her client’s signature. Also my client
remembers she mentioned her client correct email Id and mobile no in the form.

Secondly my client found the signature in the form was not his and the said signature was
forged.

Thirdly wrong mobile no, postal address and email id of my client’s 3 rd client was mentioned
in the form.

 That my client furthers states that my client 3 rd client obviously got so furious as his trust was
broken and he was completely shattered with such fraud committed on him, and therefore, my
client felt that it was her moral duty now to come in front and in order to get to the root of the
matter, personally visited her 3rd client residence and checked the policy bond. While
checking the policy, even my client was shocked to realise that even her signature in the
proposal form in the PFA column was forged which establishes the deep rooted nature and
criminal conduct of the said DM.
 That my client furthers state that, it established beyond reasonable doubt that it was her DM, a
mastermind who didn’t submit the original proposal form dully filled by my client. The said
DM herself forged my client’s signature as well as my client’s client signature and submitted
a different form for her personal gain by denying the legitimate monetary benefits which was
due to my client along with other benefits which company would offer from time to time
under the scheme. My client further states that the said DM intentionally mentioned wrong
email id and mobile number of my client’s third client , so that the client would not come to
know her malpractices and deceiving act.

 That my client furthers states that my client’s client applied had for term Insurance in the
original form submitted by my client to DM with correct details of her 3 rd client, but instead
 some other policy (not term plan) was issued by the company. My client furthers states that
this deceiving act of her DM was completely unacceptable as she went on committing breach
of trust, cheating, forgery an indulging in unfair practices/ malpractices with ulterior motives
and smacked with malafide intentions by conniving with other personnel’s of the company ie
BM and CM.

CASE NO. 4

 My client further states that due to overconfident nature of the said DM as the said DM went
on committing serious breach of trust, the Branch head Mr. Rajendra Sanjeeva Shetty
on 29/12/2018, also logged in through my client PFA Code bearing No. A39977 for which
my client has not received any commission for the above mentioned policy for the last 2
years. Hence, my client called up her Branch Head - Mr. Rajendra Sanjeeva Shetty, [who
himself is the holder of the above mentioned policy] and enquired him about the disbursement
of the commission for the said policy. However, the said Branch head informed my client that
the commission is already disbursed to Employee’s code while my client did not receive any
commission though the policy was logged under her code which also proves that there is
mismanagement going on a very large scale.

 My client further states that on the basis of above information from Mr. Rajendra, my client
checked the Employee’s code. However, my client was utterly shocked and surprised to learn
that, the commission towards the said policy under my client code had been credited to said
DM Ms. Gudia Dilip Mishra’s Employee Code, thereby clearly proving the connivance
between the DM, BM and CM.

 My client further states that after knowing thi,s my client once again called up Mr. Rajendra
and asked how come commission could go to Employees Code to which said Branch Head
replied that it is the process of the policy of the company without providing any justification
as to what made him give such statement and why the policy then is logged into my client’s
code but commission has been given to the said DM. My client further asked him that said
policy is registered under my PFA, than in that the benefits of the said policy should be
credited to my client’s account but the said Branch head did not give any response to my
client. It is pertinent to note that; Proposal Form was not signed by my client and was not
been informed about the said policy either by my DM or Branch Head.

 My client furthers states that all the four incidences made my client very bitter, disappointed
which completely shattered her confidence in the company, and that her relations with her
own clients completely gone for a toss, and also that her family relationship has also been
strained including the huge monetarily loss she suffered on account of each of these instances
by her said DM. My client further states that This is such a serious misconduct and offence
under various sections of IPC that the said DM for her personal gains and causing wrongful
loss to my client, and therefore it is imperative on the part of the company that thorough
investigation and strict action should be initiated against DM/BM under company policies and
in accordance with applicable laws which will secure justice to my client as due to such
repeated incidents by the said DM, my client has suffered not only financial loss but also
intense mental agony, mental harassment, loss of business opportunity which has affected her
badly for which she is entitled for damages/compensation etc. as provided under the
applicable laws.
  This is to further state that my client joined Edelweiss to grow with the company, but if such
unethical things happening with your insurance company, the least you owe an explanation to
my client as to how one can trust your company to share the leads, and my client is entitled to
know the action taken against the said DM and also how the company intends to remit my
client her legitimate commission, renewal benefits and compensation for loss of business
opportunity.
 My client further state that such serious acts on part of the company officials will be shared
with different agencies including filing of FIR and cancellation of licenses as applicable to
your industry including company board of such unfair practises by your officials who do not
hesitate and without the fear of law under the direct nose of HR/Company dares to commit
such intentional and deliberate acts in order to defraud honest PFA and general public who
repose faith and trust in your company. My client furthers states that such incidents have
lowered the image of the company as the said DM has not left any stones unturned in order to
not only tarnish the respected image of my client but also destroyed the goodwill of honest
PFA and the goodwill of the company.

 My client state that her DM has committed serious misconduct and gross negligence in
discharging her duties and obligations and exploited her position of authority without any fear
of law towards my client, acting in utter violation/contravention of the guidelines and
provisions of the applicable laws amended from time to time, violation of the code of
conduct, concealment of the true facts by company from my client and the same also
tantamount to criminal breach of trust, cheating, misrepresentation, coercion, undue influence
fraud under various sections of Indian Penal code for which my client reserves to take
appropriate civil/criminal action in accordance with the law including claiming
damages/liquidated damages/all monetary dues at your cost and consequences which you may
please note.

Yours Truly,

Chhaya S Gupta
Advocate
Contact no. 7900041769.

Copy to my client Mrs. Poonam Mahendra Varman