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Marine insurance

(Querist) 07 August 2010 This query is : Resolved 
Against rejection of marine claim, which remedy is faster and cost effective; National consumer forum or civil suit. can we challenge the same before high court through writ petition.
Devajyoti Barman (Expert) 07 August 2010
If the dispute is within the admiralty jurisdiction then you have to approach the high court.
VIJAY K. TEOTIA (Querist) 07 August 2010
The insurance company is indian company. claimant company has registration of ROC Kanpur (U.P.),
RADHA PYARI SRIPADA (Expert) 07 August 2010
Filing in consumer fora is no doubt faster and cost effective. However, since the disposal of matters is on a summary basis in consumer courts, I feel it is better to approach civil court if the matter involves high stakes. Moreover, if the matter is filed in NCDRC, the only appellate authority is Supreme Court. Whereas, if it is filed in civil court, you can avail two options for preferring appeal i.e., High Court and Supreme Court.
Radha Pyari
VIJAY K. TEOTIA (Querist) 07 August 2010
Going before civil court will involve court fees. i wish to approach high court so as to avoid court fees. only mr barman has advised to approach high court.
Uma parameswaran (Expert) 07 August 2010
You have to approach High Court.
VIJAY K. TEOTIA (Querist) 07 August 2010
Uma, now there is opinion on every option, i.e. civil court, consumer forum and high court. i want your views in some details. although i also feel in favour of high court. but wanted opinion from others.
Raj Kumar Makkad (Expert) 07 August 2010
High Court
Vinod Singh Tomar (Expert) 08 August 2010
Consumer state commission, High Court and Civil Court are three options which are open to you.Apart from these options, you have one more authority which is known and / or called as Insurance Ombudsman which also gives remedy much more faster. Now, you have only to exercise your option as every option has some positive and negative options which has already been communicated to you by our learned brothers like prescribed court fee, time, professional fee etc.


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