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Insurance company not providing proper services


23-Aug-2023 (In Consumer Court Law)
I had taken a plan under Xiaomi's Mi Protect which provides insurance to a phone from any damage.Now, OneAssist Consumer Solutions Pvt. Ltd. is an insurance company which has join hands with Xiaomi for this plan.They had taken my phone for repairment 2 months back on June 29,2016.They have failed to give my phone and they have thriced changed the due date of giving back my phone citing part's unavailability. The plan was of Rs. 500. If I can file a case, for which company should I file this case? And I wanted to know the process how to file a consumer case?
Answers (1)

Answer #1
984 votes
the consumer court can blacklisted the Company for not providing proper service, including delay in awarding claims.

A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—

a) the opposite party resides or caries on business or has a branch office or personally works for gain, or

b) If there are more than one opposite aprty, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,


PECUNIARY JURISDICTION OF CONSUMER FORUMS

District Forum
Upto Rs. 20 Lakhs

State Commission
Rs. 20 Lakhs to Rs. 1 Crores

National Commission
Exceeding Rs. 1 Crores

Step 2: You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.

Step 3: Then you have to draft your complaint stating facts necessary to establish a cause of action.

Step 4: At the end of the complaint you have to put your signatures. In case any other person is authorized to file the complaint then complaint has to be accompanied with authorization letter.

Step 5: Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.

Step 6: Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.

Step 7: You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.

Step 8: Explain in your complaint as to how the case falls within the jurisdiction of this forum.

Step 9: Complaint must clearly state as to what relief is sought against the opposite party.

Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.

Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.

Step 12: The complainant can present the complaint in person or by his/her authorised representative without engaging any advocate.

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