Insurance
Personal Finance Exclusive
Birla Sun Life Insurance fined for only 2 out the 22 violations

IRDA has penalised Birla Sun Life Insurance Company a paltry Rs6 lakh for a slew of violations, some serious including using unlicensed entities to sell insurance

The Insurance Regulatory Development Authority (IRDA) had detected 22 irregularities in the functioning of Birla Sun Life Insurance Company (BSLI) but penalised it a paltry Rs6 lakh for two of the violations. What is most pertinent is that it took the regulator around a year and a half, from the date of its first inspection letter (22 November 2010), to pass the judgement (13 April 2012).

IRDA levied Rs5 lakh for a major violation of using unlicensed entities to solicit insurance business, thus violating an IRDA circular which states, “No insurer shall distribute the product through any person who is not licensed as per the provisions of the Insurance Act, 1938, for the purpose of the soliciting and procuring insurance business.”

BSLI admitted to this misdeed but was fined just Rs5 lakh for this. This is pocket money for the insurer and makes a mockery of the regulatory system. We had covered the issue of unlicensed entities way back in 2010, over here (http://www.moneylife.in/article/8/5371.html).

The second and last indictment accused the company for flouting guidelines on Group Insurance Policies dated 14 July 2005, wherein it is the insurer’s responsibility to ensure that claims payments go directly to the beneficiary, or insured. However, the company had apparently been sending cheques, in event of claims, in favour of the master policy holder (for instance, any firm which has taken insurance on behalf of its employees) instead of the beneficiary (the employee), thus putting the onus on the policy holder to settle the cheque, and absolving itself of the responsibilities. For this violation, the company was fined just Rs1 lakh.

Thus a total of Rs 6 lakh was fined by BSLI for two out of 22 violations. This isn’t the first time that Moneylife has written about selling through illegal intermediaries. Insurance companies are merrily using the illegal multi-level marketing (MLM) system to push insurance. When caught they promptly disown any linkage and promise to “take action.”

It is pertinent to note that it took as much as eight months to issue a show-cause notice (27 July 2011) after BSLI replied to IRDA’s initial observation. And after the insurer had replied to the show-cause notice on 30 August 2011, IRDA then took more time, till 1 February 2012 before calling for a personal hearing. Only then, after the hearing, the final order (13 April 2012) was passed.

We cite a few important transgressions and IRDA’s decision on each of them:

•  Violation of Section 40A of Insurance Act, 1938

(IRDA) Inspection Observation 30(d): Commission being paid to agents even when premiums are being funded by the company under premium waiver benefit.

(IRDA) Decision: Insurer has submitted that there could be policy servicing requests during the term of the policy to agent and the practice of payment of commission in such cases may motivate agents to continue promoting such waiver benefits wherever applicable which again is in the interest of policy holders. On examining the reply of the Insurer charges are not pressed. However insurer is hereby directed to stop paying the commission to agents in all such cases where premium is funded by the company as part of premium waiver benefit.

So, for the last two years, the company has been ‘motivating’ agents by paying commissions to them even though when it shouldn’t have. BSLI claims that this is in “the interest of the policy holders”. Really? Well, motivating agents to ram policies down consumers’ throats is most definitely NOT in consumers’ interests.

• Violation of Regulation 2(CC) of IRDA (Investment Regulations, 4th Amendment) 2008

Inspection Observation 2: Insurer has categorized the investments in mutual funds as “Money Market Instruments” for the purpose of public information. (Product Brochure of Titanium plus Plan)

Decision: The insurer states that BSLI invests in liquid mutual funds and they have included the mutual fund in the ‘Money Market and Cash’ segment in the product brochure to represent investments in short-term investment. The insurer has also submitted that now an alteration was made in the product brochures to show mutual fund separately.

This is a classic case of mis-selling by misrepresenting a product in flyers and brochures. Companies will window-dress their product to make it look ‘safe’.

• Violation of Section 5 of IRDA (Investment Regulations, Fourth Amendment), 2008

IRDA Inspection observation 1(d): Insurer has breached the prescribed limit of 5% of fund size while investing in Mutual Funds and categorizing them as “Approved Investments”.

IRDA Decision: The insurer has submitted that he has acted as per the directions of the authority issued vide Regulation 3 (Investments) point 3, Investment Regulation 5 and The Asset Liability and Solvency Margin of Insurers Regulations, 2000, Schedule IIA 1(c). Insurer has also confirmed that in view of the IRDA Circular IRDA/F&I/CIR/INV/173/08/2011 dated 20th July, 2011, realigned its portfolio to come in compliance with the issued circular effective 1st October, 2011. Taking into account the submissions made by the insurer, the charges are not pressed.

• Violation of note 4 to Regulation 5 of IRDA (Investment Regulations, 4th Amendment) 2008

Inspection Observation 1(g): The company has taken blanket approval for raising the limit up to 15% in respect of industry/group exposure.

Decision: The insurer has submitted that the investment committee, as per the authority given to it by the board of directors, reviewed the exposure norms at group and industry level in its 41st meeting held on 28 January 2011 and has restricted the increased exposure to limited sectors only. The submissions of the insurer are taken into account. However, the delegation of authority, given to it by the board, by investment committee of the insurer is not proper and the insurer is advised to strictly follow henceforth the prescription of Note 4 to Regulation 5 of IRDA Investment Regulations. 

IRDA is being too lenient, especially concerning investments which are a crucial part of an insurance company’s functional model.

•  Violation of 4(6) of IRDA (Protection of policyholders’ interests) Regulations, 2002

Inspection Observation 16: Proper follow up is not done with the proposers to obtain pending requirements.

Decision: The insurer submitted that auto generated communication on pending requirements dispatched to proposers on the 10th, 20th, 30th and 38th day from the application receipt date with documentary proof. The insurer also informed the house that follow-up is being done through SMSs for all the pending proposals The submissions made by the insurer that proper follow up is indeed being done to obtain pending requirements from proposers is considered and the charges are not pressed.

• Violation of F&U Procedure

Inspection Observation 32: Top-up premium remitted along with the first premium was being accepted without minimum mandated additional risk coverage even when the top up premium is more than 25% of the first premium.

Decision: The insurer submitted that it has happened due to a system error which has been now rectified and assured that going forward such instances would not recur. Taking into account the submissions made by the insurer the charges are not pressed.

• Violation of provisions of Clause 27 of Licensing of Corporate Agents’ Guidelines, 14/07/2005

Inspection observation 33: It is observed that the company is not carrying out due diligence at the time of appointment of “Business Mentors”. The business mentors as mentioned in the report are working in different capacities with many insurers in contravention of the business mentor model as described by the company.

Decision: The insurer has submitted that they prohibit business mentor’s association with any other insurance company by taking self declaration on the same while recruiting. If they are found to be in association with any other life insurance company action against them is initiated. The insurer has also expressed that due to lack of central repository of corporate agents, due diligence could not be carried out while recruiting business mentors. They also submitted documentary proof of action taken on business mentors who are associated with more than one insurance company. Taking into account the submissions made by the insurer the charges are not pressed.

The remaining violations were ‘spared’ by IRDA.

Earlier, IRDA had admitted to industry-wide mis-selling (http://www.moneylife.in/article/irda-chairman-admits-pension-plans-were-mis-sold/21488.html). However, if a company can violate regulations and norms and get away with a paltry fine, it would set a poor precedent.

Earlier, Sahara Life Insurance had too committed a host of violations. We had written about it here. (http://www.moneylife.in/article/sahara-life-insurance-caught-for-multiple-violations-penalised-for-a-mere-rs12-lakh/24017.html). Sahara, too, was let off by IRDA in a similar fashion. A few months ago, HDFC Standard Life Insurance was slapped with a fine of just Rs5 lakh, for delaying a settlement claim (http://www.moneylife.in/article/irda-slaps-rs5-lakh-fine-on-hdfc-standard-life/20378.html). 
 

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COMMENTS

SRRao

5 years ago

The article is being too harsh on the company - pls note that IRDA has provided explanations on why the charges have been dropped. With regard to commissions being on cases where premium is waived, can you pls enlighten how many such cases have been discovered ? As I understand, BSLI has over 4 million policies and would be surprised if there are even 0.01@% of cases on waiver - so pls do not make a mountain out of a molehill. As regard investment classifications, pls note interpretation differences have known to happen in numerous cases. I am a policyholder of BSLI, but am not perturbed by the nature of violations mentioned above.

P M Ravindran

5 years ago

Beware of Star Health and Allied Insurance Co Ltd also. They also default on services after selling the policy but continue to pay commission to fictitious agents even when a policy holder renews the policy without the help of an agent!

SURESH KUMAR GUPTA

5 years ago

Hon sir

Pl find the attached letter (work order) issued by Municipality balotra E.O.pl cease this file immediately and stop this work order urgently to reach free and fair investigation
I am sending you this mail in the interest of PUBLIC.
Regards
MAHENDRA KUMAR AGRWAL S/O BADRI PRASAD JI
AGARWAL COLONY
WARD NO 3
NEAR AGRASAIN SCHOOL
BALOTRA 344022
MOBILE 9214021660

suresh kumar gupta

5 years ago

जोधपुर.फाइनेंस कंपनी को दिए गए ब्लैंक चेक से फर्जी हस्ताक्षर कर इंश्योरेंस पॉलिसी करने का मामला सामने आया है। लोन देने पर फाइनेंस कंपनी की ओर से लिए गए 10 खाली चेक में से एक चेक को कंपनी ने अपनी सिस्टर कन्सर्न इंश्योरेंस कंपनी को सौंप दिया। इस चेक से लोन लेने वाले की पत्नी के फर्जी हस्ताक्षर कर उसके नाम से ढाई लाख रुपए की फर्जी पॉलिसी कर दी।

यही नहीं, इंश्योरेंस कंपनी ने ब्लैंक चेक से 25 हजार रुपए निकाल कर पॉलिसी का प्रीमियम भी वसूल लिया। पीड़ित ने अब कंपनी के खिलाफ रातानाडा पुलिस में रिपोर्ट दी है। पुलिस ने बताया कि चौपासनी हाउसिंग बोर्ड निवासी दीपचंद ने एसबीआई से 33 लाख रुपए का लोन 16 प्रतिशत की दर से लिया था।

पीडब्ल्यूडी कॉलोनी स्थित एचडीएफसी इंश्योरेंस कंपनी के प्रतिनिधि ने दीपचंद से संपर्क कर उन्हें 13 प्रतिशत ब्याज पर लोन दिलाने की का ऑफर दिया। प्रतिनिधि ने एचडीएफसी फाइनेंस से दीपचंद को 50 लाख का लोन मंजूर करवा दिया। इसमें से उन्होंने 33 लाख रुपए एसबीआई लोन के बदले अदा कर दिए और 17 लाख रुपए खुद ले लिए। लोन लेने पर दीपचंद ने कंपनी को 10 खाली चेक दिए।

गत दो अप्रैल को दीपचंद को बैंक से मैसेज मिला कि उनके खाते से 25 हजार रुपए निकले हैं। बैंक से जानकारी लेने पर पता चला कि किया तो एचडीएफसी लाइफ इंश्योरेंस में उनकी पत्नी राजबीरी के नाम से पॉलिसी के 25 हजार रुपए जमा किए हैं। दस्तावेज देखे तो उन पर राजबीरी के फर्जी हस्ताक्षर थे। भास्कर ने इंश्योरेंस कंपनी के ब्रांच मैनेजर अंकित शर्मा से इस बारे में बात की तो वे टालते हुए बोले कि इस बारे में वे बाद में बात करेंगे।

मैनेजर ही बताएंगे

राजबीरी की पॉलिसी हुई है लेकिन लोन के ब्लैंक चेक से भुगतान कैसे और क्यों हुआ, इसकी मुझे जानकारी नहीं है। इस मामले में ब्रांच मैनेजर ही कुछ बता सकते हैं।

पीयूष कुमार, पॉलिसी फाइनेंशियल

Retrospective change in I-T Act may yield around Rs40,000 crore

“The Income Tax department has made an estimation that the total tax implication in consequences of retrospective amendments introduced in Finance Bill 2012 may be to the tune of Rs35,000-Rs40,000 crore,” minister of state for finance SS  Palanimanickam informed the Rajya Sabha

New Delhi: The controversial proposal to amend the Income Tax (I-T)Act with retrospective effect to bring into the tax net Vodafone-type deals is expected to yield to the exchequer Rs35,000 to Rs40,000 crore, reports PTI.

“The Income Tax department has made an estimation that the total tax implication in consequences of retrospective amendments introduced in Finance Bill 2012 may be to the tune of Rs35,000-Rs40,000 crore,” minister of state for finance SS Palanimanickam told the Rajya Sabha in a written reply.

Finance minister Pranab Mukherjee’s Budget proposal, aimed at taxing Vodafone-type merger and acquisition deals involving domestic assets has generated lot of debate, with various global bodies claiming that the move would hurt foreign investment.

Once the amendment is approved by Parliament, the British telecom giant would have to pay Rs11,000 crore as tax for its acquisition of the Hutchison's stake in Hutchison Essar in 2007.

On the overall implications of the proposed amendment, Mr Palanimanickam said, “The figure of Rs35,000-Rs40,000 crore is an estimate and the exact amount is determined only when assessing officer completes assessment proceedings. The proceeding before assessing officer is a quasi judicial proceeding and the name along with demand raised is determined only on completion of such proceedings.”
 
In a separate reply, minister of state for finance Namo Narain Meena said: “Foreign investors make their decisions taking into account all relevant factors and the investments are admitted into the country within the framework of the applicable laws, rules and regulations formulated to promote the country's interest.”

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COMMENTS

Java

5 years ago

This is a gross under estimate. When the government comes down to outright cheating, there ought to be no upper limit. This government seems to be bent on destroying the rule of law and natural justice in the country, to usher in an era of fiduciary arbitrariness and instability, harbinger of general anarchy. Hopefully, the courts will strike down the move as contrary to natural justice. That's the only hope for India.

Coromandel International net profit down 8% in FY12

Coromandel International consolidated net sales rose by 30% to Rs9,789.18 crore in 2011-12 from Rs7,530.83 crore in 2010-11

Mumbai: Fertiliser producer Coromandel International reported a decline of almost 8% in its consolidated net profit at Rs638.79 crore for the 2011-12 fiscal due to rise in input costs, reports PTI.

The company had posted a net profit of Rs 693.67 crore in the 2010-11 financial year, it said in a filing to the BSE.

The total expenditure of the farm input major increased by 34% to Rs8,906.83 crore in the last fiscal from Rs6,645.78 crore in 2010-11.

The consolidated net sales of the company rose by 30% to Rs9,789.18 crore from Rs7,530.83 crore in 2010-11.

For the quarter ended 31 March 2012, the consolidated net profit of the company stood at Rs66.89 crore compared to Rs70.98 crore in the year-ago period.

The consolidated net sales of the company increased to Rs2,735.64 crore in the fourth quarter of the last fiscal from Rs1,179.16 crore in the same quarter in the 2010-11.

Coromandel has also recommended a dividend of Rs3 per share for the year ended 31 March 2012.

Coromandel, which is the country’s leading producer of phosphatic fertiliser, along with its wholly-owned subsidiary Parry Chemicals has acquired a total of 74.57% stake in Mumbai-based Sabero Organics Gujarat, making the company its subsidiary, effective 17 December 2011.

The company, a part of the $3.8 billion Murugappa Group, is engaged in manufacturing fertilisers, specialty nutrients, crop protection and retail.

Meanwhile, Coromandel International managing director Kapil Mehan told reporters in Hyderabad, “The total capex for the fiscal will be Rs450 crore, including Rs250 crore on both Punjab and Kakinada plants.”

He added that Rs200 crore will be spent on repair, maintenance and replacement of some of the machinery.

The Kakinada plant, whose capacity has been increased to 4 million tonnes from the existing 3.2 million tonnes, will be ready by the second half of this fiscal, he said.

Mr Mehan said the company has paid Rs25 crore to Sabero Organics, which the company acquired last year, as non-compete fee which impacted the net.

Coromandel had acquired a total of 74.57% stake in Mumbai-based Sabero Organics Gujarat, making the company its subsidiary effective 17 December 2011.

Sabero contributed around Rs90 crore to the top line of the company, he said.

In late afternoon trade, Coromandel International was trading at around Rs282.25 per share on the Bombay Stock Exchange, 2.77% down from the previous close.

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