NCDRC Order: Full Refund of ULIP Premium Mis-Sold to Retiree as a Fixed Deposit
Parties: Bajaj Allianz Life Insurance Co. Ltd. v. Mrs. Meera Devi & Anr.
A 64-year-old widow visited her bank to invest maturity proceeds of a fixed deposit. The bank relationship manager, acting as a corporate insurance agent, induced her to invest ₹3,00,000 into what was falsely promised as a 'Special 3-Year Guaranteed Growth Bank Deposit'. In reality, she was enrolled in a 10-year regular premium Unit Linked Insurance Plan (ULIP). When she failed to pay ₹3 Lakhs in year two, the insurer froze the policy and applied heavy surrender charges. The complainant challenged the contract citing fraud and forgery in the proposal form.
The National Commission held that procuring insurance under the deceptive guise of a bank fixed deposit constitutes gross unfair trade practice under consumer law. The insurer cannot escape vicarious liability for the deceitful sales conduct of its bancassurance corporate partner. The NCDRC upheld the State Commission's order directing the insurance company to refund the entire premium of ₹3,00,000 along with 9% annual interest from the date of deposit, ₹25,000 in mental harassment compensation, and ₹10,000 litigation expenses.