non providing of insurance policy is deficiency in services or not?
vinod bansal
(Querist) 30 November 2010
This query is : Resolved
R/Sir Insurance co. didnot send me my mediclaim policy even after repeated requests,is it cover by deficiency in services,Kindly suggest me citation for consumer forum as my complaint is pending for final argument.Regards
Raj Kumar Makkad
(Expert) 30 November 2010
If the respondent has not performed his part of contract/agreement then certainly it is deficiency in service and your case gets covered under this general interpretation of Act and I hope there is no difficulty to trace relevant law on this subject.
vinod bansal
(Querist) 01 December 2010
I highly agree with Mr. Soni,I think Insurance companies are not only one of the cheaters and liars in corrupt India in fact they are at the top of cheaters & liars in MAHAAN currupt India.
M V Gupta
(Expert) 01 December 2010
I do not readily find any citation. The issue appears to be arguable. In terms of the definition of the word "deficiency", it means any fault, imperfection, shortcoming etc. in the manner of performance undertaken to be performed by a person in pursuance of a contract. As such it can be argued that non supply of copy of policy is not something to be performed by the insurer pursuant to the contract, although it may amount to failure to supply a copy of the contract. Hence it is not a matter to be complained before the Forum.
