I filed a insurance claim for my car in November 2013 for a dent on 11-Sep-2013. Bajaj Allianz the insurer surveyor inspected the vehicle and refused the claim stating that there was delay. Courts have held that time limit for filing claim is directive in nature and not mandatory. Delay is a constant excuse given by Insurance Industries to avoid fulfilling a claim. The Courts have held that delay cannot be an excuse to avoid fulfilling a claim, that is otherwise payable and a couple of judgments are cited below. This complaint is also to educate other consumers to protest refusal by Insurers on account of delay. The Insurers purposely do this because most of the consumers will resign and keep quiet. Thus allowing the Insurers to profit illegally. Insurance is an industry where only a promise is given when premium is paid. Failure to fulfill promise citing excuses like delay tantamount to “Criminal Breach of Trust”. It is like not delivering a product or service after payment is collected. Please spread the following around and help people fight the LIARS of Insurance sector. Below are couple of Judgments relevant in the context along with its gist. 1. Vitthal Sahakari Sakhar Kharkhana v/s Group Janta Insurance, Jan 013, Mah State Con. Comm– Time limit for filing claim is directive in nature and not mandatory. “This commission has constantly held that giving intimation within specified period or within one month is not a ‘mandatory condition’, but it is ‘directory’ in nature and breach of this condition does not empower appellant insurance company to forfeit or foreclose the insurance claim required to be duly settled….” 2. Sri Chand Mohan Saha v/s National Insurance Company Limited & Ors, Feb 010, Kolkata HC – “Therefore in such a case, a Writ would be maintainable even if it arises within a contractual obligation inasmuch as the Insurance Company being a State or an instrumentality of a State cannot be allowed to go scot free because one of its officers mechanically decided to come to a conclusion that merely because there was a delay of about 4 months, the Claim itself should be repudiated”. What is unbelievable is after rejecting the claim on this frivolous and illegal reason they have also rejected my No Claim Bonus.

Accept my claim and get the work carried out as per insurer liability. Compensation of Rs. 10,000/-

Complainant Information
name- panickar