SEMINAR

ON

GRIEVANCE REDRESSAL

04 SEPTEMBER, 2010

Defending the Company decision before Forums

Strategies for effective presentation

Presentation

By

Major General Nilendra Kumar

Director

Amity Law School

Contents

1. Introduction

2. Need for effective presentation

3. Common problems

4. Speaking order

5. Appeal

6. Conclusion

FORUMS

1. IRDA

2. Courts

3. Consumer Forums

INSURANCE REGULATORY AND INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY (IRDA)DEVELOPMENT AUTHORITY (IRDA)

Responsible for addressing complaints

filed by policy holders.

COMMON PROBLEMSCOMMON PROBLEMS

1. Incomplete documents

2. Delay

3. Inadequate briefing

4. Absence of speaking order

Need for Grievances Redressal

1. Provides transparency and confidence in the operations and thereby greater satisfaction.

2. Uniform and consistent application of rules.

VALID OBJECTIONSVALID OBJECTIONS

1. Grievance/Customer Complaints Cell not approached in the first instance.

2. Above approached but a reasonable time not elapsed.

SPEAKING ORDERSPEAKING ORDER

A decision that shows application of

mind. Indicates reason.

Effective Presentation

1. Complete documents.

2. Point out policy (applicable).

3. Show deficiency/untenability of complaint/claim.

4. Be objective and fair.

5. Give speaking order

USEFUL POINTSUSEFUL POINTS

1. Select a list of competent counsels of proven integrity.

2. Thorough briefing of counsels.

3. Be present in court when the matter is taken up.

INCONTESTABILITY CLAUSEINCONTESTABILITY CLAUSE

The insurer will not be able to contest the

statements contained in the application.

Take corrective in-house action to

change procedures & system.

1. Create a Legal Cell

2. Identify suitable and experienced manpower.

3. Stock requisite publications and law literature.

ILLUSTRATIONSILLUSTRATIONS

1. Compulsion to execute an unconditional discharge voucher.

2. Compulsion on the insurer to receive whatever amount is offered.

APPEALAPPEAL

1. Examine the order.2. Point out weak areas of orders that can

be contested.3. Enumerate grounds for appeal.4. Show precedents, if any, in support of

contention for appeal.5. Filing of Appeal within stipulated time

period.

TIMELY COMPLIANCE OF TIMELY COMPLIANCE OF JUDICIAL ORDERJUDICIAL ORDER

1. To avoid contempt.

2. To avoid penal rate of interest.

Thanks !

Any Questions