Mobile insurance claim

Querist : Anonymous (Querist) 16 October 2011 This query is : Resolved
My mobile was insured and it was stolen.

I filed a complaint with the police station, stating that the mobile is stolen. While giving the petition receipt, the police had mentioned it as "missing".

The insurance company rejecting the claim, stating that the police had mentioned in the receipt as "missing". Even though the complaint was acknowledged by the police by affixing seal and sign, the insurance company is not accepting it.

My statement is that the insurance company ought to see the complaint only.

What can be the solution?

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Shailesh Kumar Shah (Expert) 16 October 2011
Insurance company rightly rejected claim. Insurance was of 'stolen' of mobile not 'missing'. and police registered as 'missing'.

Unless you produce fir of stolen, you can't claim from insurance company.

ajay sethi (Expert) 16 October 2011
insurance company will go by police report and not your complaint

Chetan Pichamuthu (Expert) 16 October 2011
It is now a common pratice of Police to convert the complaint as lost/missing instead of stolen.
This is done to reduce their burden investigating & solving theft complaints.

Raj Kumar Makkad (Expert) 16 October 2011
In the given query, police has given receipt of 'missing' and has stamped the complaint of 'stolen' so complaint shall be stolen and not missing. Missing is non-cognizable offence whereas stealing is cognizable. Police is expected to lodge FIR in case of cognizable and record only in DDR in case of non-cognizable offence/complaint.

In the given case, police has not lodged any FIR but has only recorded the complaint in its Daily Dairy Register (DDR) so better you file a complaint before trial magistrate with an application under section 156 (3) Cr. PC to direct the police to lodge FIR of theft. This shall suffice the requirement of insurance company.

prabhakar singh (Expert) 16 October 2011
I am in complete agreement of opinion expressed by Mr.Makkad.

Devajyoti Barman (Expert) 20 October 2011
Insurance company is guilty of deficiency of service.
File complaint under section 12 of the consumer protection act where you would be adequately compensated.

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