Consumer Grievance Against Bharti Axa - Insurance claim for recent chennai flood damaged car rejected

Fri, 22 Apr 2016 - INSURANCE - Delhi
Harassed Consumer person
Delhi State
INSURANCE Industry
Bharti AXA General Insurance Company
NA dispute
NA claim
Complaint Details

Motor claim rejected by Bharti Axa GI: This is regarding the motor claim (F0765379/C0926416) that I have raised with Bharti Axa for my flood-damaged Hyundai i10 Sportz AT Car (TN11Y4780). But the claim has been rejected on the ground that the insurance has not been transferred to my name (2nd owner) though the RC has been transferred. Below is the mail from the Grievance Cell of the Insurance Company who just repeated the reason given in the attached claim report – the RC transfer was done on 6-Nov which gave me ample time to proceed with the insurance transfer, but I failed, before the early December flood that damaged the car. Hence the claim stands rejected. But I didn't get the updated RC on 6-Nov and the unprecedented rains in the second half of November and the floods kept me from applying for the insurance transfer. Here are the details. The actual date when the RC with my name was issued: The updated RC carries the date 6-Nov, because it's the general practice in all RTOs in Chennai to mention the date of application on the RC and not the date when it's handed over to the applicant. Due to Diwali holidays (10th November) and the torrential rains (13th November onwards) and the subsequent floods which continued till 17th Nov the RTO (Chennai [West], KK Nagar) handed over the updated RC only on 19th Nov. The RTO is located at the low lying area and was inundated both by the rain waters in mid-November and by the surplus waters released from the Chembarambakkam lake in early December. Why I couldn't apply for insurance transfer: Residing at Jafferkhanpet as you can see in the RC, the neighboring locality to the RTO and closer to the Adyar River, our house was marooned in flood waters from Chembarambakkam lake and me and my family had to move to our relatives house till the flood water receded. And having received the updated RC on 19-nov I didn't have enough time to apply for the insurance transfer before another unprecedented rain spell in Chennai starting from 30-nov which led to floods not just in my locality but almost half of Chennai. How am I supposed to apply for the insurance transfer amidst two heavy rain spells and floods which caused extensive damage to all my household properties (my house was completely submerged) including my car? And worse I'm expected to pay out of my pocket to repair the car though it's insured and Bharti Axa collected the premium money. What's the insurance for if the insurer denies to pay for the service the flood- affected car rightly deserves? Also I am of the opinion that since it's not a road accident caused by the negligence of the driver and the car covered by the insurance has been damaged by the natural calamity, the insurer, if genuine and true to their mission, should pay the damage. Past similar cases: There have been cases in the past where such claims (involving damage to vehicle before the insurance transfer was effected) were paid though rejected initially by the insurer after being instructed by the consumer complaint redressal courts. Similarly I request justice in my case too so I could save at least my car though I lost everything else in the recent floods. Case 1 “If the transferee fails to move an application for transfer of vehicle within 14 days it will not mean that the insurance policy has become invalid, mere validity on the part of the transferee to intimate the insurance company with regard to the transfer within the prescribed period of 14 days will not exonerate insurance company from its liability, ” the forum said. http://www.hindustantimes.com/chandigarh/insurance-claim-bajaj-allianz-fined-rs-... Case 2 “The insurance policy cannot be transferred till the RTO's transfer formalities are completed.” “The forum relied on a national commission judgment in the case of Narayan Singh v/s New India Assurance [IV (2007) CPJ 289 (NC)], where it was observed that it was highly deplorable on the part of the insurance company to take undue advantage... a circular issued by the General Insurance Company stating that on transfer of a vehicle, the insurance automatically gets transferred in favour of the purchaser.”http://timesofindia.indiatimes.com/city/mumbai/Claim-cant-be-rejected-if-second-... Govt. Instructions: Considering the enormity of the damage caused by the unprecedented floods, both the State and the Central Governments have given specific instructions to insurers to process claims expeditiously and liberally. Unfortunately Bharti Axa failed to take it into account and summarily denied the claim payment. Policy Number: FPV/I1694923/2C/08/004641 Chassis No.: MALAN51CMAM686620 Claim No.: F0765379/ C0926416

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