If within 2 years of buying the product and services, you are not happy with the services of the insurance company and already lodge a complaint to Insurer and IRDA and if you do not get a satisfactory response from IRDA or Insurance company or Insurance Ombudsmen, you may approach Consumer Court for compensation.
Consumer courts are three tier structure so check which one is for your case –
1- If value of goods and compensation is less than 20 lakhs, case can be filed in district forum.
2- If the value of goods and compensation is more than 20 lakhs but less than one crore, case can be filed in State Consumer Dispute Redressal Forum (Delhi).
3- If the value of goods and services is more than one crore, case should be filed in National Commission.
Addresses of Consumer Courts of other locations can be checked on this website
Filing a Petition in Consumer Court
You can file a petition in person or by an authorised agent through registered post. within 2 years from the date of such deficiency occurred. No format is prescribed for filing a complaint. A complaint can be filed even on plain paper. The services of an Advocate are also not required. The case filed should be clear and precise. It should contain all facts, documents in support of evidence in orderly manner. It should contain the following:
1- Name, Address, Description of the Complainant
2- Name of the Opposite party or parties
3- Cause and Facts relating to the complaint. Time and Place where it occurred.
4- Copies of documents in support of your petition (Keep one copy for yourself and file one copy in the court by duly signing it).
5- Send notice to the opposite party.
Along with the complaint, the complainant has required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.
The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.
Cost of filing a case in Consumer Court
1- District court
For value of goods and compensation
Up to 1 lakh – Rs.100
Rs.1 lakh – Rs.5 lakh – Rs.200
Rs.5 lakhs – Rs.10 lakh – Rs.400
Rs.10 lakh to Rs.20 lakh – Rs.500
The specific fee should be in the form of crossed demand draft or crossed Indian postal order addressed to “President, District Consumer Dispute Redressal Forum”.
2- State Commission
For value of goods and compensation
20 lakhs – 50 lakh – Rs.2000
50 lakhs – 1 crore – Rs.4000
The specific fee in the form of crossed demand draft or crossed Indian postal order has to be sent to “Registrar, State Consumer Dispute Redressal Commission”
3- National Commission
For the value of goods and compensation above Rs.1 crore the cost of filing a suit is Rs.5000.
The specific fee in the form of crossed demand draft or crossed Indian postal order should be sent to “Registrar,National Consumer Dispute Redressal Commission”.
Step 1 – How to file an Appeal against Insurance Claim Denial?
Step 2 – How to file a complaint to IRDA for an Insurance Claim?
Step 3 – How to file a Complaint to Insurance Ombudsman?
Step 4 – How to file an Insurance Claim Complaint to Consumer Court?