Overview of Violations
- Total Penalty: ₹1.06 crore
- Reason for Penalty: Flipkart violated Insurance E-commerce Guidelines, 2017, and Corporate Agent Regulations, according to the Insurance Regulatory and Development Authority of India (IRDAI).
Specific Violations
- Insurance E-commerce Guidelines Violation:
- Violation of ISNP Certification: Flipkart’s Insurance Self-Network Platform (ISNP) was certified to allow direct solicitation of insurance policies from insurers. However, a regulatory review showed that when users clicked on the “buy insurance” button on Flipkart’s platform, they were redirected to an insurance intermediary’s webpage, which was unauthorized.
- Penalty Imposed: ₹1 crore for this breach, as it was deemed an unauthorized method of insurance solicitation.
- Flipkart’s Defense: The company argued that it only provided advertising space and did not have any intermediary agreements.
- Sale of Policies Without Valid Registration:
- Selling Insurance Without a Valid CoR: Flipkart continued selling insurance policies after applying for the renewal of its Certificate of Registration (CoR), violating regulatory norms.
- Penalty Imposed: ₹6 lakh for the sale of insurance policies without valid certification.
Regulatory Findings
- Redirection Issue: IRDAI highlighted that the redirection to another intermediary’s site was not merely an advertisement but a violation of solicitation rules.
- Impact of Violation: Flipkart ceased redirection once the issue was raised by IRDAI but had already sold a significant number of policies during a brief span.
Additional Concerns
- Walmart-Backed Flipkart: The company was also flagged for procuring approximately 70,000 policies via a single specified person, raising concerns about compliance with insurance regulations.
- Corporate Governance Issues: Flipkart, which is majority-owned by Walmart, faced criticism for not submitting a required undertaking for related party transactions and failing to have the majority of directors as resident Indian citizens. However, due to remedial actions, no charges were pressed for this violation.
Regulatory Actions and Next Steps
- Payment Deadline: Flipkart has been directed to remit the ₹1.06 crore penalty within 45 days.
- Board Notification: The company must inform its Board of Directors about the penalty.
- Option to Appeal: Flipkart can appeal the decision before the Securities Appellate Tribunal.
Company’s Response
- Statement: A Flipkart spokesperson emphasized the company’s commitment to regulatory compliance and governance standards and stated that they are reviewing the order’s contents.
