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Ashish (NA)     14 February 2013

Got pre repudiation letter from insurance for vehicle theft

My JCB machine had got stolen on 16/10/2010. I had filed a claim with the insurace company and since then I have been running from pillar to post to get my righful claim.

Insurace company had sent me a pre repudiation letter last week and they have mentioned basesless and bogus reason on it.Though I am not able to understand that why they have sent this letter and even the content of this letter is very contradictory .

There is one interesting this in this letter ===>>


Due to above shortcomings/non-compliances the claim doesn’t seem to fall in the preview of condition for settlement. We would like to have your comments within a fortnight of the receipt of this letter to enable us to take further action in respect of your claim failing the same we will presume that you have no comments to offer.

Please note that company reserves its right to add further grounds of repudiation if they subsequently come to the knowledge of company. Please note that no further communication in connection to the present claim would be entertained.

In last paragraph they are saying that no further communication would be entertained and in another they are saying they would like to hear back my comments. this some kind of joke? 


Please help me....  Can I file a special leave petition in Supreme court  in this case?

 4 Replies

Ashish (NA)     14 February 2013

Sorry I forgot to mention that I had already filed a case against insurace company last monts only.Court ordered them to give decision in this case within 2 months.It is becuase of this order only that they sent me this pre repudiation letter....

Though we have seen serious irregularities and inaction on my claim settlement. I have esclated this issue to the high authoritied of insurance and to the IRDA.I sent couple of emails to the CMD. Mr. CMD has sent one email to concerned officers keeping me in loop. Below email content shows the irregularities and inaction of insurance officerr.

"" Vide his mail dated 02/02/2012, the concerned BM has informed the Insured that settlement/disposal was held up due to non-submission of Investigation Report by the Investigator. The machine was stolen on 16/10/2010. It appears that investigator has not been able to submit his report even after a lapse of two years. As per TAT, surveyors/investigators should have submitted their within 1 months. Has any action been initiated against him for non-submission of report in time?

Insured has lodged grievance through portal (CGMS) and to IRDA also. Now, he is approaching to our respected CMD. We feel due to inaction and bad handling of the case by the concerned office, the grievance has been escalated. It has been decided that if any penalty is imposed by IRDA with regard to grievances not resolved within prescribed time limit, the company management will be compelled of fixing responsibility and recovering the same from all concerned for the lapses on their part.

Please advise the BM to communicate with the complainant right now and let us have an update of the grievance""

I just wanted to know that if I can use this email in the court to prove the deficinecy in services and irregularities


Ajit Singh Cheema (practising Advocate)     14 February 2013

It is not clarified weather you have filed a consumer complaint or a civil suit. Under the circumstances given , you should have asked for a copy of your claim file under the right to information Act 2005. A notice should have been given and then aconsumer complaint under the consumer protection act 1986 should have been filed ,for quick results.

Ashish (NA)     14 February 2013

Dear sir,

I have filed a consumer complaint in district consumer forum. I just wanted to ask you about RTI application for a copy  of claim.Is it really required?  I have the receipt of the insurance company that they have receieved claim form me..

Thanks for your help

Ajit Singh Cheema (practising Advocate)     15 February 2013

Though it is not requirement of the consumer forum yet you get enough material from the fle for pleading your case. you are simply to file appliction under RTI act and to get copy of the claim file by paying photostat charges alongwith fee of rupees ten.

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