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Sudeep (Planning engineer)     30 July 2015

Can file a suit against the insurance company

Dear Sir,

Kindly go through the bwlow facts and guide me to take further steps.

I have bought a Mobile worth 38000 INR from Univercell Mobile Pvt Ltd, Hyderabad. During my purchase they have told me about the Theft Indurance cover Policy which would re-imburse 80% of the mobile value in case of theft. I have paid extra amount as insurance cover to cover my phone against any possible theft. After 6 months my mobile was stolen and I have approcahed the universal mobiles for theft insurance. Here my problems started as follows

1. On approaching the universal mobiles they have staright away said that the processing is done by a 3rd party company called Alegion and they also reiterated that Universal will not be part of the correspondance hencefortha dn the customer has to directly deal with them.

2. Then approched the alegion Insurance company and asked the insurance settlement. They asked me to produce FIR,Non-Traceable Certificate etc documents from me.

3. Then I approached the Police Station for issuing the FIR. Police were in no mood to issue me a FIR and I have keep on visitng the station for FIR but no use. In the internet I got in touch with so many people who could not claim the insurance just because FIR is not issued to them. The logic of the police not to issue the FIR&NTC certificate was, if they start issuing FIR for theft against mobiles then they have to issue 1000s of FIR each day.However due to my persistence they are left with no choice but issuing me a FIR. I thought my hurdles are over and I will get my claim amount.

4. I have sent all the documents to Alegion Insurance and waited for my claim to get settled.

5. Today I received my claim note and I was shocked to see that not even 50% of the total amount is being settled.

At this juncture I would like to mention that during the purchase of mobile they didn't show me any terms & Consitions document of the insurance policy they simply have invoiced me the extra moner and no consent is taken by the customer about the Terms & Conditions or nor did they explain me any about the insurance coverage . They didn't even take my signature oin the insurance application.

For the last 2 years I have been fightig for the justice, which was not delivered to me. Companies whch are cheating customer in the disguise of insurance must be taught a lesson. 

Can you please tell me about my legal options and procedure.

Thanks & Regards,

Sudeep Kumar Batha





 3 Replies

Kumar Doab (FIN)     30 July 2015

You may show the invoice vide which insurance premium is collected from you, proposal form (insurance application), insurance policy, FIR, claim settlement intimation showing 50% of the refund etc to an able lawyer dealing in consumer cases and understand the options and remedies……………….and proceed further under expert advise of your lawyer.

You could lodge consumer complaint within 2Y. Your lawyer may opine that you can still lodge consumer complaint.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 July 2015

One of the major areas of concern of the Government has been the efficient customer services in the insurance sector. With a view to ensure expeditious redressal of public grievances relating to the settlement of the claims, the Government has introduced a system of Ombudsman in the Insurance Sector with effect from 11th November 1998. Insurance Ombudsmen are currently located in 12 cities. Each Ombudsman is empowered to redress customer grievances in respect of insurance contracts on personal lines where the insured amount is less than Rs.20 lakhs.

1 Like

guru   26 February 2016

You can raise a grievance in IRDA grievance cell.

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