SUIT FOR ACCOUNT BY AN INSURANCE AGENT AGAINST A COMPANY
IN THE COURT OF THE....................
Suit No..................... of 19....................
C. D.................................................................... Plaintiff
versus
C. F................................................................. Defendant
The abovenamed plaintiff most respectfully submits as under: ?
1. That the plaintiff was appointed by the defendant Company as their Insurance Agent for the District of.................... The defendant Company agreed to pay the plaintiff a commission @.................... per cent on all the premia to be paid on the policies to be effected through the plaintiff.
2. That the plaintiff acted in pursuance of the agreement dated..................... from that date to.................... and introduced the policies described in the Schedule annexed to the plaint.
3. That the defendant Company paid to the plaintiff during the aforesaid period only a sum of Rs..................... on account of commission; but has not rendered any account of premia on the policies detailed in the Schedule annexed hereto, even at the demand made by the plaintiff through a registered notice..................... received by the defendant on.....................
4. That the plaintiff is not aware of the policies lapsed, matured or forfeited, and as such is ignorant as to how much money is due to him as commission under the agreement referred to above.
5. That the cause of action arose on.................... 19.................... within the jurisdiction of this Court when the defendant company received the notice of demand of the plaintiff, but did not render account.
6. That the suit is valued at Rs......................................... an approximate insurance commission due after deduction of Rs..................... already received by the plaintiff from the defendant company and the court fees is paid according to the reliefs claimed.
RELIEFS CLAIMED:
The reliefs claimed by way of this suit are:
(1) To have full and true account. of the moneys realised by the defendant company as premia on the policies detailed in the Schedule and of the commission due to the plaintiff.
(2) Payment of the sum found to be due to the plaintiff after deduction of Rs..................... already received by the plaintiff from the defendant Company;
(3) Costs of the suit to the plaintiff.
Plaintiff
Through
Advocate
VERIFICATION
I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true.
Verified on this................. day of.................... 19.................... at....................
Plaintiff
CASE LAW
Section 216
The commission agent need not disclose name of firm from which he had purchased the goods but he cannot supply goods at a particular rate.1
PRINCIPAL?S RIGHT TO BENEFIT GAINED BY AGENT DEALING ON HIS OWN ACCOUNT IN BUSINESS OF AGENCY.
No agent in the course of agency can make profit without the knowledge of his principal.2
Where an agent by utilising money of his principal makes profit he cannot treat