Insurance firm fined Rs 30,000 for wrongly denying claim

Chandigarh Consumer Disputes Redressal Forum has directed an insurance company to pay a compensation of Rs 30,000 and litigation costs of Rs 15,000 in addition to the car insurance claim of a Ghumandgarh village resident for wrongly denying his insurance claim.

Written by Express News Service | Chandigarh | Published:February 22, 2012 1:54 am

Chandigarh Consumer Disputes Redressal Forum has directed an insurance company to pay a compensation of Rs 30,000 and litigation costs of Rs 15,000 in addition to the car insurance claim of a Ghumandgarh village resident for wrongly denying his insurance claim.

President of the Forum P D Goel and member Dr Madanjit Kaur Sahota have directed the company to pay compensation of Rs 4.15 lakh to Rashvinder Singh as the claim. In his complaint,Singh had told the Forum that he got his car registered with the company in August 2009. The car met with an accident in November near Amritsar,and the Surveyor appointed by the company found it to be a case of total loss.

Singh told the Forum that despite completing all formalities,the company failed to settle the claim,even after he served a legal notice upon them. Finally,he knocked the doors of the Forum.

In its reply submitted in the Forum,the company stated that Singh failed to complete the required formalities for processing his claim and did not cooperate with the Surveyor. Hence,the claim could not be processed. The company further stated that the claim of the complainant was never declared as total loss. The company claimed that Singh had insisted upon the surveyor to get his claim declared as total loss,without there being any basis for it.

After considering the arguments,the Forum asked the insurance company’s counsel whether it had ever made any request orally or in writing to Singh,to supply the required documents. The counsel admitted that there was nothing on the record to prove that the insurance company had ever written to the complainant for giving any documents required for settlement of the claim.

Another document submitted in the Forum stated that the final survey was conducted,and the vehicle was examined minutely. It was further recorded in the document that that finally,estimates for repair and replacement on repair basis for the vehicle had been submitted. Another document recorded that photographs,digitals,claim form,repair estimate,photocopy of documents,survey fee bill,etc. had been enclosed with the surveyor’s report. In view of this,the Forum said the company’s claim could not be believed that the complainant did not complete the required formalities for processing of the claim and did not cooperate with the surveyor.

After studying various aspects of the case,the Forum concluded that the stand taken by the company was wrong,and directed it to compensate the claimant for his loss,and also for the harassment caused to him.

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