• IDBI Federal Lifesurance Whole Life Savings Insurance Plan

The policy is IDBI Federal Lifesurance Whole Life Savings Insurance Plan. It is currently in paid up status. I have not withdrawn any money. I have paid the premiums for the first 3 consecutive years, 2015, 2016 & 2017 each about Rs. 50,000.00. So, in total, I have paid 1 Lakh 50 Thousand. Currently the surrender value is showing as Rs. 83,156.34!!! The premium payment term is 12 years.
The policy was injected, luring me to get a bank locker in a IDBI bank branch in Kolkata. It was told that the policy is a security deposit against the locker, saying it will only be a fixed deposit.
But even when I stopped paying the premiums, there was no effect on the locker, which I operated until 2021. Initially it was told that I have to do only a fixed deposit which ended me with this policy. The page in the policy document bearing the benefit was very unclear and Annexure 1 which is referred to in the policy benefit portion is never received. I had no interest in this kind of policy. When I chased them to cancel the policy, they told me left right, and requested to continue 3 years then discontinue.
The erstwhile IDBI Federal customer care repeatedly confirmed to me via email and the policy document also says that, if I continue for 3 years then there will be no penalty. Only the 'benefits' would be reduced. So I understand benefit as the amount beyond my investment!. But in reality, when I am going to withdraw, even after almost seven years of inception, the surrender value is showing about half the money that I invested 7 years ago! The surrender value quotation was only available after 6 years of policy inception.
Before discontinuing the payment, I repeatedly asked the customer care to let me know what is going to be approximate return if I discontinue the premium after 3 years, to which every time their response was vague and confusing. For example on an email sent on 6th February, 2016 I asked for the same, to which there response was not clear, full of confusion. They said about, 'The Guaranteed Surrender Value' and 'Special Surrender Value', described in the policy document but it was also not clear there. The Annexure 1 is never received, to which the formula referred to.
In an email dated 31st July, 2021 it was mentioned by Ageas Federal customer care that, Vested Guaranteed additions - Rs. 48,126 shall be payable as part of "a lump sum amount on survival of the insured person until the end of premium payment term". But the amount never appeared in the surrender quotation. Also the amount of vested reversionary bonuses declared from 6th year onwards has no mention in the surrender quotation.
I went to the ombudsman but the resolution didn't clarify my queries to the point. It just said as per policy document(without any reference) the IDBI's claim is correct. Is it worth to move to consumer court with an advocate? An advocate is asking for 30k fees in total. How much should be the fees? My expectation is 1.5 Lacs + a certain interest.
Asked 2 years ago in Consumer Law

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6 Answers

Take a practical approach 

Litigating will lead to more expenses and thus more losses 

First of all the fees of lawyers is not standard 

Lawyers charge as per their standing 

There is no fixed fee 

So I dont understand that question of yours. How can you ask the fees of one lawyer from other lawyers? Every lawyer has his own fees 

You paid 1.5 lacs total 

As of now you are getting some 83k 

So take that and invest in an equity mutual fund 

That will over time increase the worth of your money rather than spending more on litigation 

It's not unknown how courts work 

And here you will be opposing someone like IDFC who do not care if a legal case is filed against them as they have in house lawyers 

I know that this is not the best response 

But proving misrepresentation is going to  be very difficult 

Whatever representation was made to you by the Insurer before signing up for the policy you ought to have insisted to state all that in writing 

How will you prove the verbal representations made to you before you signed the policy contract ? 

So please adopt a practical approach and take the surrender value and invest that in a good mutual fund 

You can claim offset of your losses against any gains you may have in your IT returns 

Yusuf Rampurawala
Advocate, Mumbai
7741 Answers
79 Consultations

From your contents it can be seen that the insurance company has not cheated you in any manner 

 

You have no case against insurance company. 

 

As the Ombudsman has clearly explained you,  it would ⁸be good decision to approach consumer court because you don't have any strong grounds 

 

T Kalaiselvan
Advocate, Vellore
87617 Answers
2352 Consultations

Don’t go to consumer forum 

 

it would be waste of time and money 

 

you would not get any reliefs as terms of policy signed by you are binding upon you 

Ajay Sethi
Advocate, Mumbai
97415 Answers
7872 Consultations

Insurance company can not forfeit any single rupee.

You can surely file complaint to consumer forum.

Legal fees charges are sole matter of individual lawyer.

Keep all policy documents ready.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

File consumer complaint it will be a ideal remedy

Prashant Nayak
Advocate, Mumbai
32798 Answers
209 Consultations

1. You can file a petition before the District Consumer Dispute Redressal; Forum against the Bank on the ground of unfair business practice and cheating you claiming refund of the amount with interest, damage and cost.

 

2. The total fee of Rs.30 K as quoted by your Advocate is very reasonable. You can try to get back your money through Consumer Forum.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

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