The inhabitant of the Saratov region has sued the Bank “Renaissance Credit” damages and compensation for imposed insurance, according to local news Agency “Free news – FreeNews-Volga”.
The loan agreement with the Bank, the woman entered into in January 2013. It turned out spelled out the condition requiring the borrower to connect to the program of life insurance and health for the duration of the loan. The size of the fee for connection amounted to 135 thousand rubles.
In addition, the Bank increased the loan amount to the fee amount, resulting in addition to the payment of a fee, the borrower had to pay interest on the loan for this amount. It was a surprise citizen and she has filed a lawsuit against the Bank and its sister insurance company.
UPRAVLENIE Rospotrebnadzora across the Saratov region made the conclusion according to which the indispensable item of the contract should be the price of the service provided. “In addition, a contract of one provision cannot be conditioned on the obligation to enter into a different kind of service. If the result of the execution of obligations under the contract, the consumer has been damaged, they must be compensated in full”, – decided the Supervisory authority.
The Kirov district court has satisfied the claim, recognising the condition of payment of the insurance premium from the loan amount is invalid.
The Bank was ordered to pay the client the interest on the loan in the amount of the insurance premium in the amount of 21.4 thousand, compensation of moral harm of 3 million and legal expenses of 5 thousand, and the penalty for refusal voluntary settlement of the dispute at 18.2 thousand rubles.
Company “Renaissance life” the court is obliged to reimburse the consumer the amount of the insurance premium, interest on borrowed funds in the amount of 8.4 million and a fine of the same amount.
Then the judicial Board on civil cases of the Saratov regional court ruled to cancel the decision of the court of first instance and to accept on business the new decision.
In the end, with the Bank in favor of the victim recovered damages, in the form of a fee paid in the amount of 95.6 thousand rubles, the interest on the loan in the amount of 64.3 thousand roubles, percent for using another’s money funds in the amount of 10 thousand, 2 thousand rubles as compensation of moral harm and the penalty for failure to meet the requirements of the consumer in a voluntary order in the amount of 86 thousand.
The decision came into force, and the woman has already paid awarded her 258 thousand rubles.
We will remind, the Central Bank of the Russian Federation in the autumn of 2014 is bothered by the fact that, in practice, banks often do not warn citizens that the insurance is included in the amount to be repaid. Common, for example, the “unconscious insurance” disability or job loss.
The amount of such insurance could reach 1/5 of the loan amount. Citizens who did not read the loan agreement, run the risk of incurring significant additional costs. For example, when the amount of the loan in 600 thousand roubles, the borrower can pay for insurance 120 thousand
The regulator then issued a clarifying letter, which stated that banks are obliged to inform citizens about the existence of choice and, moreover, have no right to refuse the loan of the same amount and the same term, if the customer does not wish to take out insurance.
The insurance Deposit is obligatory in car loans and mortgages, but not required in the case of consumer loans and credit cards. If the law provides the obligatory conclusion by the borrower of the insurance contract, the Bank is obliged to offer the client an alternative consumer credit on comparable terms (the sum and term of return of a loan) without insurance, explained in the CBA.
In April 2015, the CPS has produced its own explanation about what is voluntary and forced insurance when granting a consumer loan (loan) is illegal.
In November 2015, followed by the indication of Bank of Russia the minimum requirements for the provision of voluntary insurance; it entered into force on 1 June 2016. The document obliges the insurance company to prescribe in the contracts a condition of the refund to the customer if it decided to abandon voluntary insurance within five working days (the so-called cooling period) after signing the contract.
With regard to compensation for compulsory insurance for the loan through the courts, as suggested by legal practitioners in many regions of Russia is quite difficult to prove in court that the service was just imposed on the client. For many judges is a convincing argument the fact that the borrower had voluntarily signed an agreement on insurance. Therefore, they suggest, it is better to refuse insurance if you this service is not needed. Grounds for denial of a loan unwillingness to conclude an insurance contract according to the law can not be.