Professional & Knowledgable Law Team

Saturday, December 17, 2011

ICICI Prudential Life Insurance Company told to pay Rs 90,372


Chandigarh, December 16
The District Consumer Disputes Redressal Forum-I, while rejecting the claim of a Sector-8 resident over the foreclosure amount charged by ICICI Bank, has directed ICICI Prudential Life Insurance Company to pay Rs 90,372 along with 12 per cent interest per annum from the date of filing of the complaint till its realisation.
The forum, comprising president PD Goel and member Madanjit Kaur Sahota, also directed the insurance company to pay Rs 10,000 as costs of litigation to the complainant.
The complainant, Japji Kaur Cheema, had submitted that she had taken a housing loan of Rs 1,02,68,000 from ICICI Bank and was issued a life insurance policy by ICICI Prudential Life Insurance Co. as part of the loan agreement against one-time premium of Rs 2.68 lakh.
Later, a sum of Rs 19,474 was refunded to her out of the paid premium. She decided to foreclose the loan but the bank charged Rs 2,30,227 as prepayment/foreclosure charges from her, which was paid under protest as there was no clause in the loan agreement with regard to it.
She further averred that she surrendered the insurance policy with the request to the bank to refund the amount of premium but despite her repeated requests, only Rs 1,49,605 was refunded.
The bank, while taking some preliminary objections, said as per the agreement, they were supposed to charge 2 per cent amount as the foreclosure charges.
The insurance company denied that it was mandatory to obtain the insurance policy. It has been stated as per the terms and conditions of the insurance policy, if there is full repayment of the loan, then the policy holder is entitled to the surrender value, it claimed.
In the present case, after surrender of the insurance policy, the amount of Rs 1,49,505 was credited to the account of the complainant.
It was further pleaded that the complainant enjoyed the life cover till the policy was cancelled.
The forum, while giving relief to the bank observed that the insurance company had not produced on record any terms and conditions of the insurance policy that in case of full repayment of the loan, the policyholder was entitled to the surrender value.

Bharat Ratna now open to all, including sports icons


New Delhi, December 16
The government has modified the eligibility criteria for the Bharat Ratna paving the way for sportspersons such as hockey legend Dhyan Chand and cricket icon Sachin Tendulkar to be conferred the country’s highest civilian award.
The new rules, providing for eligibility of persons excelling in fields other than art, literature, science and public services for the Bharat Ratna, were notified on November 16, Sports Minister Ajay Maken told reporters here on Friday.
“I wrote a letter to the Home Minister on April 15. The Prime Minister and the Home Minister have very kindly agreed to change the norms. Now, the government has notified that for performance of highest order in any field of human endeavour Bharat Ratna could be awarded,” Maken said. He said the decision has paved the way for any sportsperson to get top award. The move comes amid clamour for giving the honour to Tendulkar for his outstanding contribution to cricket.
“For me as a Sports Minister, this is one of the biggest days for Indian sports and next biggest day I think will be the day when some sportsperson will be awarded the Bharat Ratna,” Maken further said.
Maken said Dhyan Chand and Tendulkar were the top contenders for the award.
“Both of them I think should be the top contenders. Ultimately, the decision has to be taken by the Prime Minister. The Prime Minister takes the decision and recommends it to the President,” he said.
The Bharat Ratna was instituted in 1954. Any person without distinction of race, occupation, position or sex is eligible for this award.
The number of annual awards is restricted to a maximum of three in a particular year. On conferment of the award, the recipient receives a Sanad (certificate) signed by the President and a medallion. So far, 41 people have got this award. The first three Indians, who received the prestigious award, were Chandrasekhara Venkata Raman, Chakravarti Rajagopalachari and Sarvapali Radhakrishnan in 1954.
There is no written provision that the award should be given to Indian citizens only. The award has been conferred on a naturalised Indian citizen Mother Teresa (1980) and to two non-Indians - Khan Abdul Ghaffar Khan and Nelson Mandela (1990). Pandit Bhimsen Joshi was its last recipient.