Can I approach the High Court for relief in insurance matters?
1.How can I get insurance copy from the company ? which they are hiding ! Can I file any writ in high court ?, Do RTI help in this peek situation?2.How can I claim the insurance amount ( because I am 100 percent sure that insurance is there but they are hiding that part at some point they have collected the relavent papers from me to claim the amount )3.Can I make a criminal case against the company for making wrong cheque bounce case against me ( because the cheques issued by me during the loan as coborrower in the year 2014, I had closed my account in the year 2015 itself and now how come they utilize that blank cheque and file a ni 138 cheque bounce case against me?4. Is there any chance for me to go for appeal in arbitration award passed in the year 2018 apart from going to DRT by paying 20 percent of huge amount outstanding of 2.17 crores.5. Is there any chance to go to high court in this matter
A combination of legal remedies are available: you can file an RTI application to obtain insurance documents since insurance companies typically fall under RTI purview, and simultaneously file a complaint with the Insurance Regulatory and Development Authority of India (IRDAI) regarding the hidden insurance policy. For the cheque bounce case, you can file a criminal complaint for fraud under Section 420 IPC since using an old cancelled cheque amounts to cheating, while regarding the arbitration award, you can file a petition under Section 34 of the Arbitration Act in the High Court within 3 months of receiving the award copy challenging it on grounds of fraud or violation of natural justice, though the 20% deposit requirement under DRT may still apply.
4. You can file appeal against arbitration award under Section 34 of Arbitration and Conciliation Act 1996, within three months of receiving award. 5. You can approach to the High Court through writ petition under Article 226.
1. If the insurance company is the public company, then the RTI can be used under the Right to Information Act 2005. If it is a private company, RTI cannot be used. A legal notice can be sent to the company seeking the copy of the insurance document. A consumer complaint can be raised against such company under the Consumer Protection Act 2019. 2. The insurance amount can be claimed through formal written request in the legal notice, or by lodging complaint with IRDAI or the Consumer Court. 3. You can take defense under Section 138 of the Negotiable Instruments Act 1881, by providing evidence such as cheque issued during loan is no longer enforceable or the account is closed before cheque was presented.
Sir, to resolve your issues you should follow the formal procedure for claiming the insurance and defend the cheque bounce case by citing account closure and consider filing a fraud case. You can challenge the arbitration award under Section 34 of the Arbitration Act and approach the High Court for further appeal or writ petition if applicable. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
