Advocate Ranit Basu

Questions Answered by Advocate Ranit Basu

Q: Repudiation of my Mediclaim by Insurance Co. What legal action to take

I am patient of Brain cancer, WHO Grade (III) Olegodendrogloima taking treatment of Chemotherapy at Tata Memorail Hospital( TMH) My TPA & Insurance Company ( Oreintal Insurance Co.) repudiated my claims on account of Oral Chemotherapy taken at TMH. Even insurance Ombudsman refused to me give my claims. Please help me & seeking advise.

Advocate Ranit Basu answered
File a complaint to IRDA immediately if you haven't done it. If there is no response the court needs to approached against IRDA and the insurance companies. Filing a writ is best for speedy redressal.

Q: I have been declined my claim of Mediclaim. What are my legal remedies

My parent is having Mediclaim policy with New India company. Now he was admitted in hospital for breathing problem. So doctor had recomand for CPAP Machine. Company had passed claim for hospitalisation but not for CPAP machine. It was life saving instrument and without which person can not survive, then why company had not allowed that amount?? Need the guidence how to fight for this?

Advocate Ranit Basu answered
In this circumstance, I would recommend that a two-fold action needs to be taken which will involve firstly, a perusal of the medical claim policy of the concerned company and if they are in violation of the prescribed guidelines of the Government then writing to the Health Ministry to take action against the Company. If for obvious reasons the concerned Government Department fails to act against the Company, filing of a Writ (fundamental right has been infringed) and requesting the court to take appropriate action against the Government Department and the Company.

Q: Bail rejected by session court in section 467, 471, 468 409

My reletive get arrested in a RD Scam around 500000/- Rs of postal Department and session court denai to grant bail for same.he is alrady in custody for 5 days PCR and 8 days in MCR. But in this matter he alrady paid all recovery to postal department with its intrest amount befoer the FIR. Please Suggest what we he can do now. its better to apply in session court again with fresh application or apply in High court. police alrady give their say report as they alrady completed all enquiry in this matter

Advocate Ranit Basu answered
It is important to file a writ of hebeas corpus and get him out. Subsequently quashing petition can be taken out. If monetary loss hasn't been caused to the dept then your case becomes stronger. Perusal of the complaint ia important to ensure the right course of action.

Q: Is it illegal to build a house in agricultural plot ?

Infront of my house there is agricultural plot and in gram panchyat they have just given the record of bore well and build house in that plot.The family living there is troubling us.Should i file a legal complaint against them.Those people always trouble us over small things and give us fear of police complaint

Advocate Ranit Basu answered
You shoukd file an FIR alleging harrasment and unlawfull encroachment. It is important for you to formally lodge a complaint to establish your bona fide. Civil suit can also be initiated. I suggest you take legal advise at the earliest.

Q: Conplaint against a Software development company. How to proceed ?

Got a Software developed by a Software company and Paid all money as decided, Suddenly When They asked me for the final payment they said we will give you the product code but cannot handle the future service commitment and maintenance ( Which is part of contract) As I wanted to use the software, I paid and collected the product, The product was full of errors and bugs and started sending them the problems, Its more than 15 days now still solving the problems, can I ask for a refund since the product is not of the desired quality and also they have backed out of One year free Maintenance of the Product, Please help. Where Can I claim Consumer court or Civil Court, ? Secondly what is the difference,

Advocate Ranit Basu answered
It is important that you file a consumer complaint. In these cases usually one course of action is not sufficient. I suggest that a subsequent money suits can also be filed. On the perusal of complaint will be able to ascertain if filing a suit will also yield results.