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(Guest)

Filing consumer court case chenani

hello,

i want to file a case against a govt insurance company for non refund of the premium even after cancelling the non life policy two months back.reporting to IRDA also didnt work. i want to file this in district court chennai.amount involved is 3k.

i want to confirm the list of docs requried. please confirm the below -
1. Complaint - in green paper  - is that correct? does it need to be in stamp paper.. ?
2.  Affidavit - what is this for?
3. List of documents - like policy cancellation letter, registered post copy, acknowledgement from the company.
4. other supporting Documents

1.please clarify , apart from the Rs 100 to file the case in district forum, what other charges are expected.
2. will there be anyone in the district court to help with the paper work.like agents with a reasonable fee is fine.
3. can i ask for a compensation of 10k along with the refund amount for the mental harrassment that the insurance company had given me in these two months.
4. how soon can i expect a hearing after filing the case in the district court?
5. i will be out of the city after a month and will be back only after 4 months..can i ask for a hearing at that time if it didnt happen within a month.or can i leave my email address to them to send my side of story during hearings.6. will i end up spending the whole day at the consumer court on day of filing the case..or will it be quick.

overall..how helpful are the officials at the district consumer court ,chennai.



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 January 2014

IRDA has built into its regulations a consumer-friendly provision that takes care this problem.
If you have bought a policy and realise you don’t want it you can return it and get a refund.

There are conditions though.

  • This applies only to Life insurance policies and
  • To Health insurance policy that are for a term of at least 3 years
  • You can exercise this option within 15 days of receiving the policy document
  • You have to communicate to the company in writing
  • The premium refund will be adjusted for
    • proportionate risk premium for the period on cover
    • expenses incurred by the insurer on medical examination and
    • stamp duty charges

Ajit Singh Cheema (practising Advocate)     07 January 2014

1. You are on the right track.

2. The Affidavit is required for saying the complaint on oath.

3. No other charges are required for filing the complaint, the fees will be Rs 100/- in your case.

4. There may not be anyone to help accept the court officials, the superintendent  may check your complaint and may get any minor irregularities removed.

5. Once you file the complaint the forum may point out the discrepancies if any .

6. You may ask for compensation of ten thousand, which is reasonable to ask for.

7. The forum has to decide the case within fix period of three months, it normally takes six months time.

8. In your case it is advisable to file the complaint only when you are free to attend the court.


(Guest)

thanks you very much and i really appreciate the point wise answers.

2. The Affidavit is required for saying the complaint on oath.
for the above- is this the one they are referring to as putting in green paper..does it need to be on stamp paper ?
 

Ajit Singh Cheema (practising Advocate)     07 January 2014

There is no specific requirement of green paper , you may use good quality white paper.There is no requirement of stamping, however the affidavit must be attested by an oath Commissioner.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 February 2014

Generally at the bottom of the affidavit there is to be a declaration by you called "verification". It is similar to what you see at the bottom of an income-tax return form. No attestation by Oath Commissioner is necessary.

The format for the affidavit varies from State to State. There is a general court format for affidavits. That is enough. The enclosures you give as evidence are called "exhibits. If the affidavit is given page numbers and paragraph numbers it will be better. Also the exhibits are to be numbered. A list of contents is desirable as the facing page.

The affidavit should be filed before the District Forum having territorial jurisdiction over the insurance company.

learning_member (abc)     01 February 2014

sir, i am also in a similar situation to file a consumer case. i will be filing this in the state of tamilnadu (chennai)....Also, how friendly are district courts in tamilnadu.i heard some courts are really picky and messy with the documents..and filing a case requires several trips to the court with corrections.


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