Consumer fourum insurance matter
sachin
(Querist) 25 April 2023
This query is : Resolved
Consumer Fourum Insurance matter
1. I purchased a health insurance policy of one of the renowned health insurance company, through the Policy Bazar website. The said Policy was a health insurance family policy and all the members of the family were covered. I was provided with the policy document as an attachment document, however, some of the hidden terms & conditions, other supporting documents etc were provided as a hyperlink in the mail that i couldn't see as i read the policy document that was attached.
2. These Hidden Terms and Conditions, supporting documents, and necessary information provided in Hyperlink / Website link may be altered by the company at its sole discretion later as and when desired. The email of Policy Confirmation Letter contains the Policy Document containing 14 pages along with that contains 9 Hyperlinks, website link, Mobile App Link for Android / IOS and Whatsapp Link etc for searching and finding necessary information, supporting documents and Terms and conditions.
3. This means, that even if the insurance contract has been entered into, the insurance company can change its terms and conditions at any point of time.
It is indicative of the active concealment of the facts that company wants to keep hidden from customers and may lead to promote the fraudulent intent of the companies and will help to rely them on the extraneous document that was never shown to customer at the time of Purchasing policy.
Hence, referring website/ webpages/ Links etc cannot be considered a perfect and authentic legal document to be considered as a part of policy Terms and conditions in any court of Law.
4. Insurance companies are misusing these hyperlinks/ websitelinks as a shield to deny the genuine insurance claims of the insured persons, based on terms and conditions which were changed after the insurance contract was legally formed.
5. Kindly suggest a further course of action or some experienced Lawyer who have handled such/ similar case
Regards
Sachin
Sudhir Kumar, Advocate
(Expert) 25 April 2023
You have indicated that :-
1. She has unpaid loan
SHE HAS TO PAY, HER FATHER HAS DIED WHO COULD HAVE BEEN HAULED UP FOR DEFAULT AS IN SUCH LOAN PARENT IS TAKEN AS CO-BORROWER. INTERESTIS SWELLING WITH EACH MIDNIGHT
2. The loan was apparently insured.
IT IS A GOVT BANK AND SUCH INSURANCE AGREEMENT CAN BE TAKEN UNDER RTI.
GENERALLY SUCH INSURANCE DOES NOT INCLUDE DEFAULT AND CAN INCLUDE DEATH ONLY.
IN THIS CASE SHE IS APPRENTLY A CO-BORROWER AND IS LIABLE
3. She is being threatened legal proceedings .
SO SHE IS NOT BEING HARASSED. ELGAL PROCEEDING CAN BE FILED IF THE DEBT IS NOT TIME BARRED.
4. She is govt employee
YOU HAVE NOT INDICATED WHETHER SHE IS REGULAR (TEOMPRARY DURING PROBATION) OR AD-HOC EMPLOYEE.
HOWEVER IT IS PROFESSSIONAL MISCONDUCT FOR GOVT EMPLOYEE TO BE HABITUALLY INDEBTED.
FACTS GIVEN BY YOU INDICATE THAT SHE HAS NOT MADE EFFORTS TO PAY LOAN FOR LONG.
5. Loan recovery agency is writing to her department to object for her appointment.
THEY RIMA-FACIE HAVE NO BUSINESS OF JURISDCITION TO OBJECT TO HER GOVT EMPLOYMENT. HOWEVER, DEPART,MENT CAN TAKE NOTICEOF THE MATTER THAT AS A GOVT SERVANTSHE HAS A HUGE DEBT AND NOT PAYING AND TREAT HER HABITUALLY INDEBTED.
You have also indicated that she is getting Rs 4000-10000. You have also stated that she is govt employee. Both the facts cannot be believed together. Please give facts as to whether she is :-
1. Regular employee, have qualified recruitment procedure (then how she is getting so low).
2. Adhoc employee.
3. Outsourced
4. Dailywager.
Beware : half/false information can lead to wrong advise.
full set of documents are required to be seen for making a conclusion in the case.
seperate;e thread at
https://www.lawyersclubindia.com/experts/consumer-forum-insurance-matter--749071.asp
