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Dr.B.V.Vijay (Professor)     22 August 2010

Non- refund of premium collected twice

Sirs

I have been holding a medical insurance policy with Royal Sundaram Insurance for the past 2 years. This year I sent them a cheque well in time for renewal of my policy for 1 year. The cheque with a small accompanying form was posted in their own Business reply envelope, through Indian Postal Service. When I heard nothing  from them (acknowledgement or policy document) near the due date for renewal, I enquired about the status with their customer service, over telephone. They said nothing had been received by them yet and suggested I pay the premium online presuming the cheque had gone missing. As per their suggestion I then paid the premium of Rs. 7544/- online on 19 July 2010 for which I got an automatic confirmation. However just two days later when I randomly checked my bank account online, I noticed that my cheque had been coolly cleared as well, meaning they had received the premium twice.

Since that date (22- July-2010) till now, I have exchanged a dozen mails with the customer service person and only to be always told (a lie) that they have already sent me the refund of the excess amount. As nothing has been done, I am inclined to believe they are cheats giving false assurances and claiming false actions.

As I am a technical professional with just some knowledge of criminal law, I want to know from legal professionals if I can file a complaint of cheating u/s 420 IPC against them, in the police station near my house. The insurance company is based in Chennai while I live in Bangalore.

Thanks

Dr. Vijay



Learning

 2 Replies

Kiran Kumar (Lawyer)     22 August 2010

its better to go for consumer litigation, seek ur refund and compensation.

 

criminal litigation is not advisable keeping in view the facts of ur case.

Kumar Doab (FIN)     22 August 2010

 

Keep the copy of bank statement/copy of pass book showing the two payments ready.

Send a letter to the MD,by registered post stating facts that:

You had dispatched cheque number…….Dated………..for Rs…..drawn on bank……from your savings bank a/c number…….on dated …………in a sealed cover addressed to ………..office of the company by the Indian Postal service.

As a responsible citizen and customer of the company on dated you called from your phone number……….at company's phone number………and your phone call was attended by ……… designation…….who stated that he/she has checked the company records and have to state that the cheque number…….Dated………..for Rs…..has not  been received by the company and if the same is received the same shall be returned by registered post/speed post with the requisite letter, and asked you to pay the amount of premium by online transaction and guided you on the procedure for the same. Believing the authorized representative you arranged for the online payment and received the automatic receipt.

However your company has broken your faith since instead of returning the cheque your company has banked it and collected the payment, and thus has collected the double the due amount and top of that despite the unlimited numbers of representations vide your emails dated ………….your company has neither acknowledged the communications nor refunded the excess premium collected by unfair means, and has not apologized for the bad conduct/unfair trade practices/illegal act. You are shocked and been cheated by your company staff, of your hard earned money, and is facing financial hardships, mental tension, and no one including the higher, and highest authority has acted on your complaints, hence you are constrained to surmise that this act of financial; misappropriation of customers hard earned money is happening in collusion with the highest authorities of the company, and ask them to supply you the copies and details of all such complaints of  excess premiums collected so or you shall be constrained to surmise that your company is habitual offender.

Ask them to supply you the reply, refund of excess payment with interest, (claim damages) within..Days of receipt of your letter/notice or you shall be at liberty to initiate suitable legal action and shall be at liberty to approach the institutions of Print and electronic media, police, NGO's, Courts of law, regulators, Ministries… at your cost and consequences.

At the same time lodge a written complaint stating facts to local police station SHO and commissioner of police/SSP and obtain complaint number on the copy of your complaint, and mention address, phone numbers, and Branch mangers name phone number, of local office of the company.

This should work. The company may approach you on phone. It is your choice to entertain. It shall be better to  insist on a written reply.

You can lodge a complaint with RBI, IRDA, , Insurance Ombudsman, Consumer Court. You shall be able to get order in your favour, litigation cost, payment of penalty, refund with interest. In consumer court, your presence is not neccessary if you file thru your lawyer.

File complaint everywhere, and undo the wrong done to you.Don't settle for less.

 Henceforth deposit in local branch under receipt, and be careful.

 


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