With
the expansion of the insurance sector in the last two decades and the advent of
more efficient client servicing, insurance companies are expected to follow
rules on everything. When you buy any insurance policy, you expect to receive
top class service along with peace of mind that you’re safe. But what if your
insurer denies a claim fraudulently or defaults on service? You may face
several issues like delay in claim settlement, non-receipt of your policy,
dispute regarding premium paid or payable, dispute as to the sum payable, few
terms and conditions may throw you off gear or even a claim rejection.
It
is certainly an unpleasant situation but not an impossible one. Your best recourse
is to approach the IRDA or the insurance company or even an ombudsman. But if
all these steps fail, then you have to head to a consumer court for a redressal
and resolution of your problem.
There
is a process to be followed depending upon the monetary value of the
compensation of the consumer complaint, in case of an insurance company. In
fact, if the value of goods and compensation is less than Rs 20 lakh, in that
case, you have to approach the district consumer forum. As opposed to this, if the value of goods
and compensation is more than Rs 20 lakh but definitely less than Rs 1 crore, a
case can be filed in State Consumer Dispute Redressal Forum. If it exceeds
Rs 1 crore then the case should be filed in the National Consumer Commission. Unlike
other court cases, you don’t necessarily need to hire the services of a legal
expert or a lawyer to file a consumer complaint. In fact, you can file it
directly by yourself, clearly stating the fact, circumstances and the
compensation demanded. It has to be filed within two years of the deficiency of
service/ defrauding by the insurer. The necessary documents for a consumer
court petition include the following:
·
The most obvious
fact is while filing a complaint you have to enter the name, address,
description of the complainant
·
Name of the
insurance company/opposite party or parties
against whom the complaint is being filed.
·
Cause and facts
relating to the complaint should also be mentioned like the time and place of
occurrence.
·
Alongwith your
complaint, you must also furnish or attach documents in support of your
petition that will take the case further.
Till
some years ago, arbitrary rejection of claims was fairly common, with many
depictions of such scenarios in popular culture. John Grisham’s book “The
Rainmaker” is based on a large insurance company rejecting a claim. But with
strong regulation being put in place and active regulatory bodies operating in
most countries, the situation has changed drastically in the last 10 years.
Where customers have a plethora of options to choose from, insurance companies
need to have a good claim record in order to attract customers. In fact, a good
claim record is one of the selling points insurance companies use in their
advertising. But, even with every measure in place, some claims still get
fraudulently rejected. In such a scenario, it is extremely important for
consumers to take the matter to the right authorities.
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