STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/326/2017 birla sunlife insurance co ltd PRESENT ADDRESS - THE MANAGER, BIRLA SUN LIFE INSURANCE CO LTD, BRANCH OFFICE, AGC COMPLEX, BEACH ROAD, KOLLAM.,KERALA.

.......Appellant(s)

Versus LEENAMMA PRESENT ADDRESS - PULICKAL VEEDU, KOTTAPURAM, KOLLAM- 691301.,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

birla sunlife insurance co ltd, SUJA MADHAV (Advocate)

FOR THE RESPONDENT:

LEENAMMA DATED: 16/09/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.326/2017 JUDGMENTDATED: 16.09.2025 (Against the order in C.C.No.248/2013 on the files of DCDRC, Kollam)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANT:

The Manager, Birla Sun Life Insurance Co. Ltd., Branch Office :A. G, C. Complex, Beach Road, Kollam, Regd. Office at: One India bulls Centre, th Tower I, 16 Floor, Jupiter Mill Compound, 841, S. B. Marg, Elphinstone Road, Mumbai 400 013 (by Adv.Sachin Daga)

Vs.

RESPONDENTS:

1.

Leenamma, PulickalVeedu, Kottapuram, Kollam – 691 301.

2.

Nanduprabha, PulickalVeedu, Kottapuram, Paravoor P. O., Kollam – 691 301.

(byAdv.Vinod Mathew Wilson)

JUDGMENT

SRI. K.R. RADHAKRISHNAN: MEMBER This is an appeal filed under section 15 of the Consumer Protection Act, 1986, by the opposite party in C.C.No.248/2013on the files of the District Consumer Disputes Redressal Commission, Kollam (the ‘District Commission’ for short). As per the order dated 09.03.2016, the District Commission allowed the complaint in part and the opposite party was directed to refund an amount of Rs.3,21,275/-(Rupees Three Lakhs Twenty One Thousand Two Hundred and Seventy Five only) with 9% interest from the date of filing of the complaint. Opposite party was further directed to pay an amount of Rs.10,000/-(Rupees Ten Thousand only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred only) as costs of proceedings to the complainant. The order was directed to be complied with within one month from the date of receipt of a copy of the order. Aggrieved by the said order the opposite party has filed this appeal.

2. Brief details of the complaint are as follows:

The first complainant and her daughter, second complainant, had taken three policies from the opposite parties - two policies in the name of the first complainant by paying an initial premium of Rs.27,425/-(Rupees Twenty Seven Thousand Four Hundred and Twenty Five only) and 47,248/-(Rupees Forty Seven rd Thousand Two Hundred and Forty Eight only) and the 3 policy was in the name of her daughter by paying the first premium of Rs.23,277/-(Rupees Twenty Three Thousand Two Hundred and Seventy Seven only). The first complainant paid three annual instalments in respect of her two policies and the second complainant paid four annual instalments under the policy in her name. The policies were taken on the assurance of the opposite party that if she remitted Rs.5,00,000/-(Rupees Five Lakhs only) she would get either 15,00,000/-(Rupees Fifteen Lakhs only) rupees or Rs.13,500/-(Rupees Thirteen Thousand Five Hundred only) as pension per month after five years. She received the policy after one month and after getting the policy document only she came to know that the policy is for a period of 20 years and it did th th not contain the benefits offered. She had remitted the premium of 8 and 9 month of th th th

2011, 8 and 9 month of 2012 and 8 month of 2013. She wanted to get back the premium remitted as the policies given were without the benefits promised. The opposite party advised that if she doesn’t want to continue the policies it can be surrendered for a surrender value of Rs.80,000/-(Rupees Eighty Thousand only) instead of the premium remitted amounting to Rs.3,21,275/-(Rupees Th