Thursday, August 30, 2012

Uphill Battle for Consumer Justice- Annulling Life Insurance Policy sold through fraudulent means


Frustration: High value 20-year payment term Endowment Policy mis-represented and sold as Single Premium by Birla Sun Life to 85-year old lady; needed to be annulled to avoid severe financial loss

Method Employed:
Step 1- Email to Customer Service & Grievances Cell. Email to grievances@birlasunlife.com returned; "mailbox full"!! No response to complaint in three weeks. Attitude no different from thousands of other grievance cases- as seen from consumer websites on the internet
Step 2- Email to CEO, highlighting deficiency in Corporate Governance, which allows Agents to mis-represent and resort to fraudulent means while selling policy; seeking his attention and intervention. No response for two weeks. 
Step 3- 
Strongly-worded email to CEO, directly accusing him to be "directly or indirectly complicit in the fraud-misrepresentation-cheating-misgovernance perpetrated and perpetuated by your Agents.", as demonstrated by his inaction and silence to such serious allegations with documentary evidence. Blind-copy of email to full Board of Directors- Birla Sun Life; selected Directors of Birla Group of Companies; Chairman & CEO of Sun Life International- Canada; Global Fraud Investigation Head- Sun Life International; Asia-Pacific and India Heads of Sun Life (Sun Life is a 26% shareholder in Birla Sun Life).

Result: The deafening silence of three weeks shattered. Within 24 hours of last email; calls started pouring in from the Office of Chief Grievance Redressal Officer & Compliance Department. From the documents produced by them from BSLI record, it was proved beyond doubt the Agent had forged income document to justify this absurdly high value premium policy. This was pointed out immediately, which further damned the company and it was left defenseless. The Policy was declared void ab initio, and entire premium was refunded immediately, with 11.5% penal interest. Both cheques delivered at home within two weeks.

The sequence of correspondence (chronologically) is below. Most names and certain numbers have been disguised to protect privacy. The clinching email dated August 1 is marked in Blue.

================================================================
July X, 2012To
The Head- Customer Response & Resolution
Customer Care Unit
Birla Sun Life Insurance Company Limited
One Indiabulls Centre, Tower 1

15th Floor, Jupiter Mill Compound
841, Senapati Bapat Marg
Elphinstone Road, Mumbai 400013
Dear Sir:
BSLI Bachat Endowment Plan Policy Number XXX dated XXX, 2011 sold based on misinformation; request for redress
In July 2011, my 85-year old grandmother, Mrs. XXX, was approached by your company, initially through telemarketing, and then by Insurance Advisor Mr. Rahul Bhattacharya of your corporate Agent ACS Advisory Services Limited (Advisor Code XXX), to subscribe to a BSLI life insurance policy.  He convinced this old and ill widow to invest her life’s savings in the high-value Endowment Plan.  He assured her that with an one-time premium of Rs. Y lakh under the above Policy, she or her chosen inheritor will get an assured return of about Rs. YYY lakhs.  He also suggested that she be the Owner/Proposer, while the undersigned being her only grand-daughter be the Life Assured.  In good faith on your company’s goodwill and out of love and affection for me, she agreed to make this huge investment.  Since she was given an impression that this is a one-time payment, her age did not seem to matter. 
 
Mr. Bhattacharya then got the Application signed by her, rushed to my office and obtained my signatures.  He also arranged for a medical test for me at my residence with utmost haste.  Since my grandmother was convinced by him, and the same impression was conveyed to me, I did not see the need for detailed scrutiny from my end and followed his advice in every step.  When the policy papers reached Mrs. XXX, she was extremely ill.  She used to stay alone at her residence, and I could visit her very occasionally in view of my family and professional commitments.  She told her caregiver to store the document safely and she informed me that the Policy document has arrived.  Neither she nor I suspected any wrong-doing; therefore none of us thought it was necessary to go through the fine-print of the policy within the 15-day look-in period or even beyond.  At that time, her health was of more immediate concern.
 
Mrs. XXX (Client ID: XXX) has since expired on XXX, 2012.  Her death certificate is attached.  This month, I am shocked to see a notice from your company intimating that the premium of Rs. Y lakh for the above Policy is due for payment between July-August of this year again.  I then dug out the Policy document and went through the details.  I realize now that the premium to be paid is on an annual basis, which is completely contrary to what your Advisor Mr. Bhattacharya told my grandmother.  The amount of premium is even above my total annual income.  My grandmother’s assumption and purpose of doing this Policy was as a gift to me through a Single Premium Policy, and this was clearly explained to your Agent.   
 
Based on the above situation, I now appeal to you for redressal- either through refund of the premium paid by Mrs. XXX as the Owner/Proposer of the above policy, or by providing me with her Death Benefit.  I am sure you will realize and appreciate the following while considering a favorable consideration of my appeal for redressal:
1.                  A lady of age 85 years will never voluntarily agree to pay premium for 20 years, as no one expects to live for 105 years or beyond.  So evidently she agreed based on mis-information regarding her continued payment liability.  Even from your company perspective, there seems to be no rational basis for you to assign a 20-year Policy to an 85-year old lady.  
2.                  Your Agent/Advisor got the blank form signed by us and filled it up with fabricated information in his own handwriting.  I note in the policy document that your Agent’s Advisor has arbitrarily indicated the income of Owner/Proposer and Life Insured as YY lakhs and YY lakhs respectively.  No proof of income was asked for.  I wish to state that both incomes indicated are inaccurate.  The income of both the Proposer/Owner and the Life Insured are less than VV lakhs.  Income Tax returns can be provided to prove this if necessary.  Your Agent/Advisor filled up this information and other parts of the form on his own without our consent and concurrence.  On what basis did he sell the Policy with an annual premium which is above the annual income of both the Policy Owner and the Life Assured?  Are there no guidelines either from you on a corporate level or from IRDA regarding not signing up customers for policies with premiums above their annual income?
3.                  In your Policy Brochure, it is clearly written that Monthly Base Premium for this Policy is Rs. 400-5000.  How did he sign up the customer for a Monthly Base Premium of Rs. YY,YYY as written in his own handwriting in the Application Form?
4.                  There is no explanation in your Policy document or in your Brochure about what happens if the Policy Owner/Proposer dies.  I am wondering if I am even entitled to the Death Benefit for the Policy in this case, since the Owner/Proposer has died.  I request your views on this.
5.                  Under no circumstance, I am in a position to continue with the Policy by payment of annual premium of Rs. Y lakhs, if this be the appropriate eventuality according to you.  The premium amount is above my entire annual income, as stated in point (2) above.
6.                  With the name of Aditya Birla Group associated, your prospective customers have a high degree of trust on your Advisors and Agents.  The Advisor from your Corporate Agent completely misused this platform of trust in this transaction.
I hope that in keeping with BSLI’s Vision “to be a leader and role model” and Mission “to help people mitigate risks of life, accident, health, and money at all stages and under all circumstances Enhance the financial future of our customers” and valuing your corporate Value of Integrity, you will kindly agree to refund the premium paid (with interest if applicable) and allow me to exit from this Policy, unless you ascertain that I am eligible for Death Benefit in this case on account of death of the Owner/Proposer.  Such a gesture will reinforce my trust in the company and help me to consider future investments with the Group.  I also urge you to issue strict guidelines to your Agents and Advisors to avoid such incidents of misrepresentation in future.
I look forward to your urgent reply.   

Regards,
ZZZ
Encl: Death Certificate of Mrs. XXX   
 
 From: UUU
To: Jayant Dua  
Sent: Tuesday, July 17, 2012 12:00 AM
Subject: Fw: BSLI Endowment Plan Policy Owner died- appeal for redressal & corporate governance issues

Dear Mr. Dua:
Greetings from Kolkata. While I await feedback on my 1-week old appeal below through the established grievance redressal and complaint escalation process, I am writing to you with my concern (expressed in detail in my letter attached) regarding the corporate governance issues associated with the case. Being associated with the Birla Group for nearly two decades, and in your current capacity as the Chief Executive Officer and member of Board of Directors of Birla Sunlife Insurance, I think you should be aware and will be concerned about the actions of your agents (the actions of a particular Agent in our case is illustrated in my letter) which tarnish the brand equity of one of the most respected corporate entities of India. Some of the serious corporate governance issues in this case are:
a) mis-representation of the benefits of the Policy (annual premium policy sold to a client who wanted single premium policy with an objective of gift)
b) impractical terms (20-year annual premium Policy sold to an 85-year old lady)
c) mis-representation of facts in the proposal form (writing inflated and unsubstantiated income to justify high value annual premium Policy)
d) selling products beyond the stipulated range of value mentioned in product brochure (monthly premium of Rs. YY,YYY against maximum of Rs. 5000)
e) lack of clarity in Policy Terms and Conditions regarding eventuality of death of Policy Owner (if Life Assured is a different person)
f) insensitivity and apathetic attitude regarding the concept of grievance redressal. The email to grievances@birlasunlife.com on July 9 was returned, with a message: "The recipient's mailbox is full and can't accept messages now. Please try resending this message later, or contact the recipient directly."
I hope you will take due note of the above and take corrective actions as necessary.
Please feel free to contact me for any clarification, if needed.
Warm Regards,
ZZZ
Kolkata
 

From: UUU
To: Jayant Dua
Cc: "customerservice@birlasunlife.com"
Bcc: Full Board of Directors- Birla Sunlife; Members of Board of Directors- Aditya Birla Nuvo (holding company of BSLI); Chairman- SunLife Financial- Canada; Heads of SunLife Financal- Asia Pacific & India operations; Global Head- Fraud Investigation, Sunlife Financial (in U.S.)
Sent: Wednesday, August 1, 2012 1:32 PM
Subject: BSLI indulging in fraud, mis-representation, cheating, corporate mis-governance
Dear Mr. Dua:
I note, with deep regret, your and (therefore, predictably) your organization's lackadaisical attitude towards consumer grievance and corporate governance issues. I have received no response whatsoever from your Customer Response Unit, with whom a formal grievance was lodged dated July 9.  The email to customerservice@birlasunlife.com received an automated acknowledgement and the copy to grievances@birlasunlife.com was returned by postmaster@birlasunlife.com saying that mailbox is full! In view of such unprecedented "grievance handling" opening scenario, I filed the same grievance online, which was acknowledged with a registered token number BSLI-P-2012-XXX dated July 10. Simultaneously, you have chosen to ignore my allegation regarding gross violation of corporate governance issues by your Agents and my appeal for redress regarding the harm caused to us. By your silence, you have amply demonstrated that you are directly or indirectly complicit in the fraud-misrepresentation-cheating-misgovernance perpetrated and perpetuated by your Agents. No wonder that the consumer complaint websites on the internet are choked with hundreds (if not thousands) of complaints by anguished customers. One would expect a large company with brand equity of Aditya Birla Group and a joint venture of one of the largest financial services company of the world to react with alacrity to such serious issues of corporate mis-governance. But evidently, that’s not what you and Birla Sun Life India believes in. And extremely ironically, you also seem to head the "Policyholder Protection Committee" of your company!
 Kindly allow me to educate you on why you should have looked at this more seriously:
a) The first among the declared "Values" for the Aditya Birla Group is "integrity", if you know what it means. I suggest you take a refresher course on your company's internal Mission, publicly declared Vision and Core Values.
b) Your 26% joint venture partner, Sun Life Financial, has a separate link on the opening page of its website on Corporate Governance. The company proudly declares: good corporate governance is at the heart of what we do every day. It goes on to say: "Our business is based on trust. Trust in our products and services. Trust that we’ll guide the company in a way that upholds the confidence of our customers, shareholders and business partners around the world. Building trust and maintaining our reputation depends on the decisions we make, the values we maintain, our leadership strength and the personal integrity of each and every employee. We take seriously the responsibility inherent in helping our customers secure their financial futures.  It’s why we’ve developed and adhere to guidelines for strong and consistent governance throughout the organization. We have a strong and independent Board of Directors, who regularly review its corporate governance processes and practices...From our earliest beginnings, ethics and integrity have been cornerstones of the way we do business. These qualities are embodied in our core values and in our Code of Business Conduct. Each year, all employees, officers and directors must provide assurance that they have been, and will continue to, comply with the Code." I suggest you read the above paragraph twice over, and consult Sun Life Financial on the sections which you do not understand.
The stipulated 15-day response time for my grievance is now over. As per your premium renewal alert (which I dispute, through the contents of this and earlier emails), the last date of payment of "second premium" is August 24, 2012. I am merging my appeal for redress and complaint about corporate mis-governance, since they are so closely intertwined. I will now escalate my grievance/complaint in every way as I deem appropriate. To start with, I am blind-copying members of the Board of Birla Sun life India and senior executives of Sun Life Financial in this mail, for them to be aware of the serious issues raised herein and take appropriate steps.
 [Respected Members of Board of Directors- Birla Sun life Insurance & Executives of Sun Life Financial:
I raise serious issues regarding fraud-misrepresentation-cheating-misgovernance in Birla Sun life India for your attention and discussion. The issue should have been dealt with at the level of your CEO, but unfortunately he chooses to ignore/condone/perpetuate such issues, thereby forsaking ethics over short-term and ill-gotten growth. This complaint is regarding BSLI Bachat Endowment Plan Policy Number XXX dated July X, 2011 with Mrs. XXX (Client ID: XXX) as the Owner and the undersigned (her grand-daughter) as the Life Insured. The Policy Owner has since expired on XXX, 2012. We have now discovered (after receiving a premium notice and going through her papers thereafter) that the Advisor of your Corporate Agent ACS Advisory Services (Advisor Code XXX) sold the 20-year 20-payment term Policy with annual premium of Rs. YYY,YYY to this 85-year old lady (also ailing, widow and staying alone) based on misinformation and misrepresentation of facts. My grandmother’s assumption and purpose of doing this Policy was as a gift to me through a Single Premium Policy, and this was clearly explained to your Agent. The case is explained in detail in the attachment and forwarded mails; I hereby provide a summary for your quick review:
a) MIS-REPRESENTATION/CHEATING/FRAUD
- of the benefits of the Policy (annual premium policy sold to a client who wanted single premium policy with an objective of gift),
- leading to impossible contractual terms without knowledge of the client (20-year annual premium Policy sold to an 85-year old lady. Did BSLI expect her to live and beg/borrow/steal to pay premiums beyond her annual income till the age of 105?)
- mis-representation of facts in the proposal form (writing inflated and unsubstantiated income in your Agent's own handwriting to justify high-value annual premium policy. Assessed income of both the Policy Owner and Life Insured is less than the value of the annual premium.
- telling the Owner to inform me about her consent and rushing to the office of the life assured to get the Application Form signed without giving her the time/space to review the terms contained therein
- selling the Policy beyond the stipulated range of value mentioned in product brochure (monthly premium of Rs. YY,YYY against maximum stipulated value of Rs. 5000)
- lack of clarity in Policy Terms and Conditions regarding eventuality of death of Policy Owner (if Life Assured is a different person)
 
b) CORPORATE MIS-GOVERNANCE
- selling policies beyond the annual income of both the Policy Owner and Life Insured. No statement of income or documentation is asked for. This non-requirement ensures that your Agents can continue to sell policies through fraudulent means with the sole objective of pocketing the commission from first premium and knowing fully well that the policy will lapse thereafter.
- stonewalling grievance redressal at the first level. The email to grievances@birlasunlife.com on July 9 was returned, with a message: "The recipient's mailbox is full and can't accept messages now. Please try resending this message later, or contact the recipient directly." As explained above, Customer Care Unit or the CEO did not care to call, clarify or remedy the grievance which was submitted by email and online methods.
- No response within the stipulated 15 day period of grievance redressal mechanism
- The company seem to foster a culture of fraud and mis-representation, as demonstrated by the hundreds (if not thousands) of customer grievance in the various websites. The suspicion that this is done with direct/tacit support from top management is strengthened when the CEO decides to turn a blind eye to direct appeal to him in context of our specific case.
In light of the above, I had appealed for one of the following remedies (listed in order of eligibility according to my initial judgment):
a) allowing me to claim death benefit, in light of the facts stated above
b) waiver of premium till maturity of the policy
c) refund of premium paid by Policy Owner, with interest and compensation as applicable
I also demand that:
a) BSLI terminates the services of the Corporate Agent/Advisor who perpetrated this fraud so ruthlessly and heartlessly on an ailing widow of 85 years, and impose appropriate financial penalty
 
b) BSLI put in place a much stronger corporate governance mechanism to minimize opportunity for Agents/Advisors to perpetrate such misrepresentation/fraud while brandishing the name of one of the most respected business leaders of the country. Your executives, in their scramble for short-term targets, are ruining the brand equity of your company and the long-term prospect of private sector insurance industry in India. Your unscrupulous agents are happily taking advantage of this to defraud customers, pocket the commission and run away. Due to deliberately apathetic customer grievance redressal mechanism, the customers are left financially ruined and anguished.
While I shall move forward with my plans to seek redress from statutory authorities and/or judicial system of the country, I shall look forward to a line of communication from the BSLI Board regarding your view on my complaint.]
 
Regards,
YYY
Tel: +XXX

 
 
From: UUU
To: ajay kanth
Sent: Thursday, August 2, 2012 2:31 AM
Subject:
BSLI- fraud, misrepresentation, cheating, misgovernance- now conclusively established
Mr. Ajay Kanth
Senior Manager- Compliance Department
Birla Sun Life Insurance
Dear Mr. Kanth:
Thank you for your call today evening to discuss specifically one aspect of my complain- selling policies beyond the annual income of both the Policy Owner and Life Insured. Thank you also for informing that your Agent had actually submitted "Income Tax Return" for both Policy Owner and Life Assured to substantiate the figures he wrote in the form, and sending the documents from your record by fax to us for authentication. As stated over telephone, this was a big surprise since neither any verbal statement of annual income nor any documentation was asked from us. After receiving the papers from you, our surprise has turned in to shock. I hereby certify that both the ITR-IV documents received from you are forged in terms of content and signature. The facts of the case are as below:
a) For XXX- The PAN number (I could not read the last alphabet in your fax)- YYYYYYY is correct. Rest everything is falsified/fabricated and signature is forged. The date of the Return in your document is illegible, but the year is shown as 2011. I wish to confirm that no Income Tax Return was filed by XXX in 2011. This was because according to Union Budget 2011 (order effective June 1, 2011), senior citizen above 80 years age became eligible to get Rs.YYY,000 income tax exemption. Her income was below that threshold, and therefore she had no tax liability or mandatory requirement of filing Annual Return. However, the ITR-4 copy you provided shows a fictitious Income Tax return in her name with Gross Total Income of Rs. Y,YYY,YYY and Net Tax Payable as Rs. YYY,YYY. In the previous (AY2010-11) year, XXX's Income Tax was filed vide ITR-1 acknowledgement dated June XX, 2010 with Gross Total Income of Rs. YYY,YYY only, and Net Tax payable on that income as NIL. Her income in previous AY2009-10 and AY2008-09 were even less. The facts as stated above by me can be easily verified by you or the investigative agencies through the Income Tax Department, Ward YY(Y), Office of The Addl./Jt. Commissioner of Income Tax- Kolkata, if deemed necessary. The oval stamp shown in your document, without any ward number, is another give-away of the planned fraud/forgery. The stamps that have been used by her Ward in AY2010-11 and previous years is square in shape. The Status code also does not match. Thus, the entire form submitted by your Agent as "income proof" of the Life Assured, along with the stamp and signature therein, is forged, and the Policy was issued by you on the basis of it.
b) The bank statement copy as provided by you is authentic. XXX received some lumpsum payments in April 2011 as her investment maturity proceeds, and she intended to make the single-premium investment in the subject BSLI policy out of the same.

c) For ZZZ- The PAN number quoted- XXX- is correct. Rest everything is falsified/fabricated and signature is forged. The date of return shown in your ITR-4 document for AY2010-11 is December XX, 2010. In reality, her return for AY2010-11 was submitted vide ITR-1 on XXX, 2010. The Gross Total Income shown in your document is Rs. YYY,000. According to the actual document, it is Rs. YYY,YYY. Net Tax Payable is shown in your document as Rs. YY,YYY. As per the real document, this amount is Rs. YY,YYY. The income in the previous year AY2009-10 was even less. The facts as stated above by me can be easily verified by you or the investigative agencies through the Income Tax Department, Office of The Addl. Commissioner of Income Tax, Range XX, Kolkata, if deemed necessary. The oval stamp with floral design shown in your document, without any ward number, is another give-away of the planned fraud/forgery. The stamps that have been used by my Ward is round in shape. The Status Code also does not match. Thus, the entire form submitted by your Agent as "income proof" of the Life Assured, along with the stamp and signature therein, is forged, and the Policy was issued by you on the basis of it.
In view of the above, my allegation of fraud, mis-representation and cheating is now conclusively proved. It is nothing less than a horror story, bordering on unbelievable. If I did not see the documents, I would not have believed that Birla Sun Life India is issuing life insurance policies based on documents forged on Government of India stationery on which the National Emblem is printed, even incorporating stamp of Income Tax Department and forging the hapless customers' signature on it without their knowledge. Since you do not incorporate scanned copy of this document in the Policy, the customer has no way of knowing that such gigantic fraud has been perpetrated. Looking at the meticulousness of the fraud, I hope such incidences are not systemic. The vicarious liability for such acts of its Agents fall squarely on BSLI- reinforcing my point on corporate (mis)governance.
 plan to ponder on my action plan regarding the case, in view of the stunning findings of today's evening. Meanwhile, I hope to hear from you, on an urgent basis, the decision of your company regarding this case. According to me, the Policy has lost the ground on which it is supposed to stand, and therefore the only option left to discuss (among the three originally listed by me) is of refund of premium paid, along with interest and compensation.
Warm Regards,
ZZZ
 
 
From: CGRO
To: UUU
Sent: Tuesday, August 7, 2012 11:52 AM
Subject: FW: Policy Number XXX / Reference ID: XXX
Dear Mr XXX
Please find the email copy below which was sent to you on August 03, 2012.
As discussed, you shall receive the physical copy of the cheque’s in this week itself. Also for your information on receipt of both the cheque’s at my end, I shall arrange to send the scanned copies of the cheque’s to your email id. You may get in touch with me on my direct landline number mentioned below.
Warm regards,
XXX
Priority Handling Team
Customer Service
Birla Sun Life Insurance Co. Ltd
Tel : 022-39961450
(Toll Free): 1-800-270-7000
Timing: 9 am- 9 pm (MONDAY TO SATURDAY)
Website: www.birlasunlife.com

 
 
From: CGRO
To: UUU
Sent: Tuesday, August 7, 2012 4:35 PM

Subject: Policy Number XXX / Reference ID: XXX
Dear Mr XXX,
This is in response to the concerns raised by you and our subsequent telephonic conversation with respect to policy number XXX.
As desired, please find the scanned image of the cheque’s that would be dispatched to our Kolkata branch today. The branch shall receive the cheque’s latest by tomorrow evening. Our branch personnel shall contact you on your contact number post receipt of the cheque’s, to check your availability and shall ensure that the cheque’s are handed over to you.
Further note that I shall send a formal acknowledgement to you vide email, on receipt of the relevant documents that shall be submitted by you on receipt of the refund cheque’s.
If our response is not as per your expectations, you can contact the Ombudsman Office located nearest to you. Please refer to your policy document for further details in this regard. In case we do not receive a reply within 8 weeks from the date of our response, your concern will be considered as resolved.
In case you require any information or assistance, our customer service executives would be glad to help you. Please feel free to get in touch with us at your convenience on the touch points mentioned below.
Kindly visit our website or the nearest branch for assistance in registration of your updated contact information.
It is our endeavor to enhance your financial future by providing you the best services at all times.
Warm Regards,
XXX
On Behalf Of Chief Grievance Redressal Officer
Birla Sun Life Insurance Company Limited.
(Toll Free): 1-800-270-7000
Timing: 9 am- 9 pm (MONDAY TO SATURDAY)
Website: www.birlasunlife.com
Registered Address : One Indiabulls Centre, Tower-1, 15th floor, Jupiter Mill Compound, 841, S.B. Marg, Elphinstone Road, Mumbai - 400 013.