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NAND GOPAL (ASSISTANT MANAGER)     29 September 2023

Affidavit for consumer case

Presently I am staying at Mumbai for treatment. My permanent address is Patna. My mediclaim was rejected by Insurer Kolkata office. My queries are:

1. Can I file consumer case at Patna?

2. If yes, can I use stamp paper of Maharashtra for affidavit? What will be the value of stamp paper (as per Bihar stamp duty or Maharashtra stamp duty)?



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 9 Replies

Sidhhi   29 September 2023

First you should file complaint with Insurance Ombudsman for refusal of valid claim causing you mental agony, harrassment and financial stress provided you have all original documents. It's a online process and you can file it from any location in India. Google for Bimalokpal. You can also register complaint with IRDAI in the matter.

Sumitra kumar   29 September 2023

@Querist,

 

1. Read the terms and conditions of the policy with regard to the jurisdiction. It is of contractual nature and hence jurisdiction can be decided by the contract if provided for.

2. If first is not applied, do you work in Mumbai?

3. The question of stamp duty can be ascertained only when the above two parameteres are satisfied.

 

Thank you.

 

T. Kalaiselvan, Advocate (Advocate)     29 September 2023

You can follow the instructions/suggestions made by the experts above in furtherance to this issue.

Besdies,  few more suggestions:

If your cliam was repudiated then you can file a review petition before the claims review committee of the Insurance company seeking to redress your grievances in this regard.

If the claims review committee upholds the action of repudiation, you may approch the consumer commission within the jurisdiction wherever the cause of action arose.

Since you have to file the complaint online, the stamp paper for affidavit can be purchased as per the value that applies to the state or place where you currently reside. 

 

Dr. J C Vashista (Advocate and Legal Consultant)     30 September 2023

Yes, Patna Consumer Fora has the jurisdiction to entertain and adjudicate your claim.

No affidavit is needed for filing a complaint under the provisions of Consumer Protection Act, 2019.

There is no requirement of stamp paper for a consumer complaint through out India (may it be Mumbai, Kolkata, Patna, Srinagar, Ahemdabad, Guwahati, Quillon, Trivendram or any other area).

You need not file any fees for the complaint where value of claim is less than 5,00,000/-.

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     01 October 2023

repies to your queries:

1. As per consumer protection Act 2019 you can file the case at Patna (place of complainant's residence)

2. No need of stamp paper for affidvait. Affidavit with your complaint needs to be verifed by oath commissioner of the place where you are filing the case.

For more detailed advice contact Adv Vishal Garg @ 9717985984

NAND GOPAL (ASSISTANT MANAGER)     02 October 2023

Pls find attachment. As per e daakhil site, notarized affidavit is required. How can an affidavit be notarized without proper stamp duty?


Attached File : 56245 20231002024848 img 20231002 024632.jpg downloaded: 40 times

Dr. J C Vashista (Advocate and Legal Consultant)     02 October 2023

The model (and not modal) provided in attached file has been provided by some "layman" and not tenable in the eyes of law in terms of Consumer Protection Act, 1986 or substituted Act of 2019.

It would be better to seek opinion and advise of a local prudent lawyer or go to official website of the consumer fora.

NAND GOPAL (ASSISTANT MANAGER)     02 October 2023

With due respect, the attached file is downloaded from e daakhil website 

T. Kalaiselvan, Advocate (Advocate)     02 October 2023

The so called daakhil website is the information provided by a private person, it is not an official website by the consumer commission giving instructions about the procedures to be followed for filing ecomplaint.

There are plenty such information available in the internet, all of them will not become the procedures of law.

The spelling mistakes in the attached file itself is very clear that it is not a genuine one. 

The affidavit accompanied by the complaint should be attested by a notary public or a gazetted officer, of course it is not necessarily to be typed in a non judicial stamp paper. 


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