Filing fir for a theft mobile
Rajesh
(Querist) 28 November 2013
This query is : Resolved
Hi Sir,
My mobile was theft on Aug 22nd 2013 and I had lodged a complaint with the local police the same day. After some attempts by the police, they said that the mobile was not traced and now I wish to approach my insurance company. As my phone costs more that 15000, they insist to produce the FIR copy. Can you please advise if FIR can be filed now for a theft that happened on 22nd Aug. i had given a written complaint the same day of theft in the local PS.
Please advise how can i proceed now.
Thanks.
manoj joshi
(Expert) 28 November 2013
give your fir supported by affidavit to the concern police thana receive that copy n give it to insurance co.
Ms.Nirmala P.Rao
(Expert) 29 November 2013
If the police refuse to give a copy of FIR file a complaint with the Magistrate to direct the police to issue a copy of FIR to you or if still they refuse , add the Magistrate and the Police as parties to the
Writ petition in High Court and seek direction to them to issue you FIR copy. But, before filing a Writ or approaching a Magistrate etc get issued a Legal Notice to the Police in the eventuality of their failing to furnish you a copy of FIR. Your original police complaint is enough for you to apply for a Copy of FIR. No need to approach them afresh. If you wish to thank me for this reply please click the thank you button on my profile.
Rajesh
(Querist) 29 November 2013
Thanks all for your responses and advice. greatly appreciated!
Rajesh
(Querist) 02 December 2013
Hello All,
I wish to add the below to the above query made by me. The insurance claim form had the listing of documents that are to be produced at the time of claim. Accordingly, the below are the listed requirement.
1. Properly filled claim form.
2. Original invoice.
3. Copy of complaint acknowledge by police authorities(CSR)
4. Detailed statement on how the theft has happened.
5. Non traceable certificate issued by the police in case the value of the mobile exceeding Rs. 10,000/-
6. Copy of letter duly acknowledged by the operator for deactivation of the mobile number.
Now, that the letter sent to me by the insurance company states that as the value of mobile is more than 15,000 Rs, FIR has to be submitted to open the case and process the claim.
I wonder why the insurance company is asking for a document that is not in the list of required documents to be produced at the time claim and that the only requirement that talks of the value of the phone is point 5. which is talking about the non traceable certificate if the value of the phone is above 10000 Rs.
Please advise..
M.Sheik Mohammed Ali
(Expert) 02 December 2013
Actually police will not filed FIR, but they will give Non Tracable Certificate, then you can claim your mobile insurence.
Rajesh
(Querist) 03 December 2013
Hi,
Agree with you sir. Police had not filed an FIR but had given me non traceable certificate after 2-3 months of cyber search. My opinion is that FIR is not in the list of documents that are asked to be submitted along with the claim form. So, now how insurance company can ask for an un-listed document. I wrote a letter to the insurance company mentioning the same of to why they are asking me a doc that is not specified to be mandatory documents that are to be submitted at the time of applying for claim.
I thought to approach consumer forum regarding the same. Can you please advice if my approach is correct.
Rajesh
(Querist) 04 December 2013
Hello, The above was found by me 2 days back when i received a letter from the insurance company.
Thanks.
