(Pic: Canva)
Personal Finance

Insurance mis-selling: signatures alone don’t prove informed consent, says consumer court

A Hyderabad consumer commission has ordered an insurer to refund ₹10 lakh to a 73-year-old retired professor after finding that the insurance policy was not backed by free and informed consent.

Dhanam News Desk

Buying an insurance policy is a major financial decision, particularly for senior citizens who may be relying on their savings and pension for their post-retirement needs.

A recent consumer court ruling in Hyderabad highlights an important point: signing an insurance proposal does not necessarily mean that a customer has understood the product and given informed consent.

The Hyderabad District Consumer Disputes Redressal Commission directed the insurer to close a policy bought by a 73-year-old retired associate professor and refund the ₹10 lakh she had invested. The bank and insurer were also jointly directed to pay ₹50,000 as compensation and ₹10,000 towards costs.

The total relief came to ₹10.60 lakh.

How the insurance policy was sold

The woman had visited a bank branch in 2023 to transfer money to her son in the US. According to her complaint, bank officials introduced her to two insurance agents.

She alleged that the insurance product was presented as an investment and that she was persuaded to put ₹10 lakh into it. She claimed she was told that the product would provide ₹2.67 lakh annually after four years.

She also alleged that her income was incorrectly recorded as ₹1 crore even though she was retired and receiving a monthly pension of about ₹57,000.

According to her complaint:

  • She had no intention of purchasing an insurance policy.

  • The ₹10 lakh was presented as a one-time investment, whereas the policy required annual payments.

  • She alleged that signatures were obtained on loan-related documents and the money was subsequently invested in the insurance policy.

  • When she sought cancellation, she was given different information about when the policy could be cancelled.

The bank denied obtaining signatures on blank papers and argued that the insurance transaction was between the customer and the insurer.

The insurer, meanwhile, maintained that the policy had been issued with her approval and that the physical policy documents had been delivered to her permanent address.

The so-called consent

One of the key questions was whether the woman had been given a genuine opportunity to understand the policy and use the free-look facility.

The commission noted that merely sending policy documents does not necessarily establish that a customer had a meaningful opportunity to examine the terms and cancel the policy.

This was particularly relevant because the policy documents had been sent to the woman's permanent address while she was abroad.

The commission also considered her age and circumstances. It observed that a senior citizen cannot automatically be presumed to understand complex insurance terms and conditions merely because documents have been signed.

The bank and insurer were expected to explain the relevant features and requirements of the product.

The commission also noted the connection between the loan-related transaction and the insurance purchase, raising questions about whether the woman's consent was genuinely free and informed.

It ultimately held that the policy had not been obtained with free will and informed consent and found deficiency in service and unfair trade practice.

What insurance buyers should learn from the case

The ruling offers some practical lessons for anyone buying insurance through a bank, agent or financial intermediary.

1. Don’t treat insurance as an investment

Insurance and investment serve different purposes.

If an agent describes a policy primarily in terms of returns, ask for the insurance benefits, risks, costs and conditions separately.

Before signing, find out:

  • What exactly is being insured?

  • How much is the premium?

  • Is the payment monthly, annual or one-time?

  • For how many years must you pay?

  • What happens if you stop paying?

  • What is the guaranteed benefit, if any?

  • Which benefits depend on bonuses or market performance?

2. Read the policy after receiving it

Do not assume that the salesperson's explanation is the same as the policy contract.

Once the policy arrives, check the proposal form, benefit illustration, premium schedule, policy term, exclusions and other conditions.

If something differs from what you were told, raise the issue immediately.

3. Know your free-look rights

Insurance policies generally come with a free-look period, allowing policyholders to review the contract and, subject to applicable conditions, cancel it within the prescribed period.

The important lesson is not to wait until months or years later if you realise that the policy does not match what you intended to buy.

4. Never sign documents you have not read

This is particularly important when several financial products are being discussed during the same bank visit.

Before signing:

  • Read the document or ask someone you trust to explain it.

  • Check the amount being invested or paid.

  • Verify your income and other personal details.

  • Check whether the document relates to a loan, insurance policy, investment or another product.

  • Keep copies of everything you sign.

5. Be extra cautious with bundled sales

A bank visit for one purpose can sometimes turn into a discussion about insurance, loans, investments or other financial products.

Do not feel compelled to buy a product simply because it is being offered by your bank.

If you went to the branch for a particular transaction, take time to independently evaluate any additional financial product before committing money.

A simple rule for senior citizens

For retirees, the stakes can be higher because a large insurance premium may consume a significant portion of their accumulated savings.

Before putting a substantial amount into any insurance product, ask three questions:

  • Do I actually need this insurance?

  • Can I comfortably afford the premium for the entire payment period?

  • Do I fully understand when and how I will receive the benefits?

If the answer to any of these is unclear, do not rush to sign.

The Hyderabad ruling does not mean that every signed insurance policy can be cancelled or that signatures have no legal significance. Instead, it underlines a more important consumer principle: a signature alone may not settle the question of whether consent was genuinely informed, particularly when the circumstances indicate that the customer may not have understood the product.

For insurance buyers, the safest approach remains simple: understand first, sign later.

SCROLL FOR NEXT