Policy terms ‘not given upfront’: Kerala man wins Rs 2.8 lakh payout from insurance firm
President P V Jayarajan, along with members Preetha G Nair and Viju V R of the Thiruvananthapuram District Consumer Disputes Redressal Commission, was hearing a complaint filed by a man who had taken a life guaranteed income pro policy in favour of his daughter in 2022.
The complainant claimed that representatives of the insurance company approached him and persuaded him to take its Life Guaranteed Income Pro policy, following which he took the policy in favour of his daughter. He paid the first annual premium, including GST, of Rs 3,09,145 on February 22, 2022.
The man subsequently suffered a stroke, which caused difficulty in walking, speaking and understanding, besides paralysis or numbness in his face, arm and leg. He claimed that, as a result of his health condition and because he was the sole earning member of his family, he was unable to continue paying the premiums.
He further submitted that he had undergone treatment and surgery and remained on medication, while substantial amounts were required for his medical expenses. He, therefore, requested the insurer to discontinue the policy and refund the premium already paid.
However, the insurer allegedly replied that there was no provision for refund of the premium if the policy was surrendered at that stage. Aggrieved, the man approached the commission, where he was represented by advocates Ajitha V K Nair and Sachin V L.
The commission pointed out that the insurer had entered appearance through counsel after receiving notice but had failed to file a written version responding to the complainant’s allegations.
The commission nevertheless held that the insurer had incurred GST, documentation and agent-commission expenses while issuing the policy and was therefore entitled to retain Rs 35,000 from the amount paid by the complainant.
Based on the evidence placed before it, the commission held that the complainant had suffered mental agony and financial loss due to the insurer’s conduct. The commission directed the officials of the insurance company to jointly and severally refund Rs 2.74 lakh, along with Rs 10,000 as compensation and Rs 3,000 being the cost of these proceedings, to the complainant within 30 days.
For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.
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