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Author Topic: help for consumer case  (Read 691 times)

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Offline meenakshi

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help for consumer case
« on: October 28, 2015, 12:32:00 AM »
Dear sir,
  can anyone help me with the following consumer case.
thanks and regards
Meenakshi



              BEFORE THE DISTRICT CONSUMER REDRESSAL DISPUTES
                                   FORUM CHENNAI (SOUTH)

                 CCNO             /2015


             Mrs.Meenakshi
       15 Kodambakkam High Road
           Nungambakkam
           Chennai 600034

                                …….complaint

             ICICI Prudential life insurance company limited
                   Plot No.11 KR building  Lattice Bridge Road
                                   Adyar
                            Chennai  600020
         
                                           …….opposite party

                               Complaint under sec  12  of consumer protection Act


             1.The complaint is Mrs.Meenakshi aged 43 years w/o Mr.Kumar residing at
                         no.15 Kodambakkam High   Road 
                           Nungambakkam Chennai 600034

          2.The opposite party is ICICI prudential life insurance company having its registered office at
             Plot No 11 KR building  lattice Bridge Road
                 Adyar Chennai 600020   

       3. the complaint says that the unit manager of the opposite party sought   
       the complaint to buy the policy Guaranteed insurance savings plan bearing
       policy no.16876826 when she was enrolled as an advisor with the opposite party in july 2012.

        4,It was informally agreed upon that if the complaint pays the first year’s premium
       of  Rs.50,000/- the next  subsequent Year’s premium would be paid by the
        complaint’s mother from their joint account.

       5.So in July 2012 the complaint issued cheque no.58054 for rs.51,545/- towards
      the payment of the first Premium and the cheque was retuned due to insufficient funds

       6. The complaint then issued cheq no.58056 for the said amount which
        was realized towards the premium for policy no.16876826.

     

     
       7.on sep 2012 the complaint received the policy document with
        the first premium receipt showing the figure of  Rs.103,090/-  (exhibit no.5)
        as a consolidated premium received  indicating a balance premium of Rs.51,545/-

     8. So the complaint called the customer care to verify whether her mother had deposited
         the balance premium cheque as agreed upon  and they(customer care)
       replied that if the complaint’s mother had deposited any balance Premium cheque
       it would reflect in the account only in the next following  year and that the policy document was fine.

      9.The complaint’s mother was abroad for nearly a year and the
        complaint could not verify for sometime.

     10.the complaint then received a premium due notice for 2013 when
      she verified and found that no  balance premium was paid for the next
       Subsequent year of 2013 and that the indication in the receipt is wrong
   
     11.The complaint then filed the grievance in exhibit no.1 for the cancellation
       of the policy and refund of the  said amount for which the opposite party
       replied that any cancellation  must be effected during the free  look period
       of 15 days while the complaiant  contests that the free look period is the time allocated by IRDA
       only for cancelling policies due to non acceptance of terms and conditions and not
       due to a faulty data  entry  for which IRDA has allocated  a time before which
       the compliant has brought the issue to notice.

     12.The complaint then escalated the issue to IRDA in Exhibit no.2 bearing
      the application id 11-13-011519 In reply to which the service recovery mail
      in exhibit 3 stated that the amount was receipted twice and that  the error was corrected
      in their system on October 19 2013 after I had filed a grievance and this was not
      mentioned in their reply to the grievance cell in exhibit no.1.

     13.The complaint also wants to bring to notice that in all the replies sent by the opposite
       party it is indicated that the complaint claims to have paid the entire
       Rs.103,090/- which is totally false and the complaint has paid only Rs.51,545/- as indicated.

     14. The complaint then approached the insurance ombudsman in December 2013
       And her plea was rejected stating that non deduction of premium does not come
        under his preview (exhibit 4). The complaint asserts that she filed a plea for the
        Cancellation of a faulty policy and refund of the said amount and did not raise any issue pertaining to
        anything as to the non deduction of any premium.
.
     15.The cause of action arises when the opposite party in october 2013 had claimed to
     have rectified an error in the first premium receipt (exhibit 3) at the final stage of the complaint
     i.e in the service recovery e mail when the complainant escalated the matter
     to the IRDA  and the complaiant did not receive any of the corrected receipt through post or courier.
     

     

     
     16.I must add that the first premium receipt in life insurance policies constitutes the main
       part of the policy document and an erroneous data might make the policy holder liable to penalty
       during maturity or may cause any death claim to be forfeited since the policy with the
       attached first  premium receipt acts as the main source of identification in such cases.

     17.According to sec 2 (r) of consumer protection act the data in the First premium receipt 
        falsly indicates Modal,quality,quantity and composition of the product making it defective
         under sec 2 (1) (f)  of the consumer protection act 1986 and I hence accuse the opposite party of
        indulging in unfair trade practice.                                                               

     18.I prey the honorable court to cancel my policy and refund the Rs.51,545/-
          paid by me along with 12% interest per annum and rs.30,000/- towards  legal and other expenses
         caused due to this agony.






                                                  DECLARATION

          I                                 Hereby declare that whatever in said in the above self attested document is correct 

          To my knowledge and authorize the court to take appropriate action in case anything is found incorrect



            Signatiue                                                            Place                                              Date

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: help for consumer case
« Reply #1 on: October 28, 2015, 04:01:04 AM »
What sort of help you are asking... You can contact me over email or over phone.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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