• Bought a term insurance from Tata AIA in Dec 2017

Hi,
i have bought term plan of 5 cr with TATA aia on 13/12/2017 paid 235125 rs premium and they told me i will get the policy in 10 days(i have premium paid receipt too.All health check up investigations were done by their executive in radience hospital nagpur.they said all ok . i didnot get policy for 2 weeks and they told me on phone my HB1AC and sugars were high so i cant get policy unless i pay 110000 rs as a extra loading for high HB1AC. same day i have checked my sugars at 2 hospital and handed over all reports which were normal to the local manager in tata aia and insurance agent. later they told me you pay now extra loading get policy issued and with your reports of 2 hospital we will talk to mumbai head office and get it refund. They dont have company email id so officially cant connect but for 1 year i was in touch with them on phone for refund.
2 months back i took 2 more policies from LIC premium of both were 1 lac each per month and lic agent took me to same radience hospital where all my reports were normal.then i have forworded same hospital reports to tata aia agent again they have tried lot to get my refund on same hospital reports given to lic. last week i got a call from manager from mumbai tata aia,she told me once i have accepted and paid for policy they cant do anything.
i have 2 premium receipt of first year( normal premium ,loading diff receipt, 2nd year recept, policy of new loaded premium and policy have one of attachment with normal premium. no where in policy they have mentioned i am dibetic. online portal i have submitted my grievience.i have received copy with stamp where in nagpur office i have submitted grivience too last month.
pl advice can i go to consumer court.???
Asked 6 years ago in Civil Law

3 answers received in 1 hour.

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11 Answers

Dear client 

Yes you can go to consumer court and you should file the complaint regarding the cheating they have done with you by submitting false reports and mis guiding you to pay the extra premium.

Also make the hospital party of the petition. So that they will submit the report they have prepared due to which you had to pay extra loading amount on the policy where as it is not mentioned in the policy. 

This discripency can cause a negative effect to claim of your policy to nominee so you should go to court ASAP. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes this is clearly malpractice by them you can file a consumer complaint to seek refund and compensation from them for mental harassment along with the litigation charges.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Issue legal notice through an advocate and file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can file a consumer complaint for deficiency of service against the said company. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can file complaint against insurance company before consumer forum and seek orders to direct insurance company to refund excess premium charges on basis that you are diabetic 

 

rely upon your 2 test reports which clearly show that you are not a diabetic 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your case is a fit case for approaching consumer court.You can file case against TATA AIA for  refund the excess premium charges on basis that you have highHB1AC. Use the two reports as evidence . meet a  lawyer who regularly go to consumer court.

 

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

The conduct of the Tata AIA insurance agents seem to be highly suspicious and there is apparently a racket to defraud insured like you.

Immediately inform the police about this wrongdoing and ask for registration of the FIR who demanded you extra money.

Now if you are not returned with your money as yet then immediately file a case before the consumer forum wherein you would not only get refund with interest but enough damages and compensation as well.

This is a clear case of unfair trade practice and deficiency of service. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes, you can go to CC and file your case immediately for deficiency in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If your grievances were recorded by the insurance company and the same was acknowledged, then you may gather the evidence and file a case before consumer court for deficiency in service.

However it will be difficult to get refund of the excess amount paid by you towards diabetes rider.

The agent of the insurance company is not the authority and moreover you had made only phone calls for refund and never gave any representation to the company in writing, hence for moving to the consumer court, you may give a representation to the company in writing and send the same by registered post after that you may appraoch consumer forum to get your grievances redressed. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Instead you should file police complaint agasint the comapny and agent. Consumer court another remedy. And TATA is renowned multinational company and not having official I`d , Only insane can believe this. I think you have been cheated. Complain to IRDA too.

Consumer court another remedy.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been cheated by then and they have forgotten that you too can avail your legal remedy against their illegal acts.
  2. You have not crossed the period of limitation for refund of your money which is three years.
  3. Yes, you should file a consumer case in the district forum seeking all money with interest and litigation expenses.
  4. It is very annoying that at one place you asked for extra amount to include your diabetic into it and then later on denies to give the benefit or refund the money.
  5. Rest, you are free to call me at any time for further legal assistance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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