CAR THEFT INSURANCE CLAIM

+1 vote
64 views
asked May 12, 2016 in Insurance Law by anonymous
WE GOT OUR CAR INSURED FROM M/S IFFCO TOKYO INSURANCE COMPANY ON 4TH JAN AND GOT THE COVER NOTE, AND ON 30TH JAN WE GOT THE POLICY FOR THE INSURANCE WHERE AS OUR CAR GOT STOLEN ON 1ST MARCH AND THE CLAIM WAS FILED WITH THE INSURANCE COMPANY, SUBSEQUENT TO THIS ON 4TH MARCH INSURANCE COMPANY SENDS US A LETTER THAT OUR CHEQUE WAS NOT CLEARED BY OUR BANKERS DUE TO SIGNATURE MIS MATCH HENCE THE CLAIM IS REJECTED AND HAD ALSO STATED THAT WE CAN PAY INSURANCE PREMIUM IN CASH OR BY CHEQUE  BUT WHEN WE OFFERED THEM CASH PAYMENT OF INSURANCE PREMIUM THEY REFUSED TO ACCEPT THE SAME.

 

WE FILED A CASE IN DIST. CONSUMER FOURM AND THE JUDGMENT WAS GIVEN IN OUR FAVOUR STATING THAT THE INSURANCE COMPANY IS LIABLE TO PAY US COMPENSATION FOR THE STOLEN CAR.

 

INSURANCE COMPANY FILED AN APPEAL IN.STATE CONSUMER FOURM THERE THE JUDGEMENT WAS IN FAVOUR OF INSURANCE COMPANY.

 

PLEASE LET US KNOW WHAT IS THE LEGAL POSITION FOR OUR CASE AND WHAT FURTHER ACTION WE CAN INITATE

2 Answers

0 votes
answered May 21, 2016 by Env Coord
Go to National Consumer Forum and appeal against the Judgement of State Consumer Forum.

Refer to Consumer Protection Act, 1986.

If you can prove that you had adequate balance in your bank account on the date on which you issued the cheque to the Insurance Company, then you can win this case as your intentions were honest & signature mismatch leading to rejection of claim is not a major error. This was ruled by some Consumer Forum / Supreme Court(I don't remember exactly) where a Consumer won the case.
0 votes
answered May 26, 2016 by cvjadhav Experts
Dear Sir/Madam, you have to approach and to file the Appeal against the state consumer forum order before the National Consumer Forum, you have to convince  the district consumer order as well as your case on law and facts issues.. you have to engage a counsel to try the best.. best of luck... kindly click upvote butoon it will be token of appreciation... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

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