Abhigyan (aaaaa) 08 December 2011

Claim amount from general insurance company

I have a Honda City(MH 01 GA 1147) insured with Cholamandalam. The policy no is-3362/00340020/000/01.

I had met with an accident on 10th April'09.

The service no registered with Chola was 135677.

Due to non-availability of parts(as my vehicle is a 2002 model) there was a delay in the repair work and I had informed the surveyor verbally. And after the bills were submitted I was told that the case had already been closed.

Even after requesting the claim manager to reopen the case he said that the company wont accept reopening.

The company had sent 2 letter out of which the first letter said to deposit the bills and the second said that the case had been closed. I had received the second one only. They had not sent any mail or never had called me on my mobile even though they had my number and email id.

The bill amount was Rs. 1,24,000/-, which is a big amount for me.

Even after this incidence, I have been insuring my vehicle with Cholamandalam.

There have been numerous emails from my side since Jan'2011 but the company always says that its been 2 yrs and so they cant reopen the case.

The calim manager even said on a conference call with his seniors that I had never requested for a reopening of the case.

Now, I have filed a case and my lawyer advised me to go through consumer forum.

I want to know-

1. If there is any court fees to be paid and how much.

My lawyer has filed a case with claim amount of 15 lacs and has claimed to have paid court fees of 2% i.e. Rs.30000.

But as far as I have heard that consumer courts work on very minimal fees.

2. Also, if a court fees is paid, is there a system of getting any receipt or some kind of documentation for the amount paid.

Kindly advise as its very urgent.

Regards

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7 Replies

mahendrakumar (marketing) 10 December 2011

if the advocate has taken such a hefty amount from you as fee for filing at consumer court,he has defenitely cheated you.

for claims upto 20 lakhs,the fee is only Rs.200/-

your case is sustainable before a consumer court within 2 years of the cause of action.

1 Like

Abhigyan (aaaaa) 13 December 2011

The lawyer says that as we have filed for 15 lacs which is higher than the actual claim i.e. 1.24 lacs so the fees has to be paid.

But is there any receipt kind of thing which is given by court against the sum paid as court fees.

So that I can ask the lawyer for the receipt.

I have heard that there is some kind of challan which is issued against the court fees paid.

mahendrakumar (marketing) 14 December 2011

if the case of filed at consumer court,the fees would be rs.200/only .

there would be defenetely receipt for the same. You can verify the same from the concerned court too.

vaidyanathan (retired psu employee) 09 February 2012

If the correspondence with the insurer is in currency, the procedure is to file a complaint with their regional office and wait for thirty days. On 31 st day of the receipt of your complaint by the insurer, if you do not receive a reply or unsatisfactory reply you can straight away go over the insurance ombudsman with all records of the correspondence, If the ombudsman passes an award, the isurer will have to pay hard and fast for, Ombudsaman is a referree selected by the insurers and the insurers cannot turn down his order in the first place. If the insured is disappointed there too then he is free to go over to consumer forum, then civil court etc. Now the victim has not exhausted his chance but straight away went to the forum. Moreover, no fees for ombudsman cases and lawyers are strictly prohibited.

Abhigyan (aaaaa) 10 February 2012

Vaidyanathan Sir,

Should I go to the consumer forum directly or first meet the ombudsman and see if he can do something positive??

The case has not yet been filed in comsumer forum.

Kindly suggest.

Regards

vaidyanathan (retired psu employee) 10 February 2012

I shall draft a letter addressed to their regional office and wait for thirty days. On thirty first day, you can address to the concerened ombudsman which I shall guide you afterwards. Send the letter by speed post and preserve all the documents in order to adduce as evidence to the Ombudsman later.regards vaidya