can anyone help me with the following consumer case.
thanks and regards
BEFORE THE DISTRICT CONSUMER REDRESSAL DISPUTES
FORUM CHENNAI (SOUTH)
15 Kodambakkam High Road
ICICI Prudential life insurance company limited
Plot No.11 KR building Lattice Bridge Road
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.
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