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Rishan Av   22 October 2021

Can i file a case in consumer court if the insurance company denies the claim

I have met with an accident with a bike last month. My insurance is claimed under bumper to bumper insurance. When I contacted the insurance company they had denied my claim stating that there were 3 people(triples) in the bike at the time of accident. Can i file a case in the consumer court for denying my claim


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 October 2021

If it is not resolved, or resolved to your satisfaction, you can escalate your complaint to IRDAI which will take it up with the insurance company and facilitate a re-examination of the complaint and resolution. You can call the IRDAI Grievance Call Centre on toll-free numbers 155255/1800 425 4732.

Rishan Av   22 October 2021

@rama chary rachakonda 

Is it legal whether i can file it under consumer court? 

Advocate Bhartesh goyal (advocate)     22 October 2021

Yes, you can file complaint before District Consumer Redressal Commission.Insurance cannot deny your claim on pretext of at the time of accident three persons were on bike.This could not be cause of accident.

Shubham Bhardwaj (Practice)     22 October 2021

Dear Mr Rishan, 

As per the facts stated by you , a consumer complaint can be filed but that may not succeed.  In my opinion it will be dismissed because there is a standard clause in almost all insurance policies that claims will not be admitted if it is found that the vehicles were being drived in contravention of law in force. As per Motor Vehicles Act/Rules, in a bike only person can ride. Therefore if you were riding with 2 additional person, you were in direct contravention of law. The consumer courts are pro consumers but they cannot promote illegal acts. Thus, there is a good chance your complaint will get dismissed. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

Pradipta Nath (Advocate)     22 October 2021

Yes, consumer complaint is maintainable. Aside, before instituting consumer complaint, please serve the insurance company a legal notice.


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