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Kotak Smart Advantage ULIP Question

For surrender of Kotak smart advantage ULIP brought in 2009, they are saying that 1 year premium will not be refunded. Per consumer court judgement:

http://www.indiacase.com/state-commissions/48585-consumer-court-case-on-drnishi-gupta-fa382013

against Kotak, the order states that since the surrender was done after the IRDA 2010 circular, the rules of that circular are valid ie the first year premium will be paid back minus 6000 rs.  Is this applicable to all who brought before 2010?

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