IOR Section 14 : Manner in which complaint to be made

Act

Summary

Section 14 of the Insurance Ombudsman Rules, 2017 outlines the procedure for lodging a complaint against an insurer or insurance broker. A complaint can be filed in writing or electronically by the complainant or their legal representative. The section specifies conditions under which a complaint is valid, including prior representation to the insurer and time limits for filing. It also notes that complaints cannot be made if the matter is pending or resolved in court or other forums.

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Explanation using Example

Example 1: Filing a Complaint with the Insurance Ombudsman

Introduction: John, a resident of Mumbai, purchased a health insurance policy from XYZ Insurance Company. After a medical procedure, he submitted a claim for reimbursement, which was rejected by the insurer. Feeling aggrieved, John decides to approach the Insurance Ombudsman.

Application: According to Section 14(1) of The Insurance Ombudsman Rules, 2017, John can file a complaint with the Insurance Ombudsman within whose jurisdiction the office of XYZ Insurance Company or his residence is located. He must ensure that his complaint is in writing, as per Section 14(2), and includes his name, address, the insurer's details, facts of the case, and the relief sought.

Outcome: John first needs to make a written representation to XYZ Insurance, as per Section 14(3)(a). If XYZ Insurance rejects his complaint, fails to respond within a month, or provides an unsatisfactory reply, John can proceed to file his complaint with the Ombudsman. He must do this within one year of receiving the insurer's decision or after the one-month period lapses, as outlined in Section 14(3)(b).

Conclusion: By following these steps, John ensures his complaint is valid and can be addressed by the Ombudsman. Non-compliance with these procedural requirements could result in his complaint being di...

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