DUTIES AND RESPONSIBILITIES OF SURVEYOR.

[Chand Bhatia]

Dear All, 

Mr. Sanjeev Soni of Delhi is a chartered Accountant Surveyor and IRDAI issued an order by which he felt defamed and contested the case in higher court and got some directions to IRDA. He has given his side of explanation on his You Tube Channel also with videos. 

The main issue of his case was that while assessing loss in a reinstatement policy, he was suppose to verify the bills submitted by the insured, which were found to be bogus. After reading and hearing of his case, I am prompted to share some of my thoughts and wish members to give thought and deliberate on the issues related to duties and responsibilities of the Surveyors as laid by IRDAI in her regulations.

I am of the opinion and hopefully all of you shall agree, that in a claim settlement there are two sides which insurers need to see before paying off. 1.  TECHNICAL and 2. LEGAL. 

1.  Technical is to ascertain the cause of loss (to establish whether cause is covered in policy or not) and then loss attributed to the cause of loss. These two can be established by physical and technical inspection of site and also the damages. Obviously these have to be done by a technical experts to be precise the surveyor, who under law has to be licensed.

2.   The legal aspect of a claim has to be ascertained by the facts that come to light from the surveyor's report with reference to the terms & conditions of the policy. 

I feel that provision in the law giving final authority to the insurers to accept or reject the claim and Surveyor's report not a binding on them was because of this legal aspect which is to be ascertained by the insurers. 

Now coming to Mr. Sanjeev Soni's case (There are few more that have propped recently) It is said or expected of surveyor to verify the bills of repair submitted by insured. Question arise - is bill verification any way a technical point or a legal point. Question also arise that what is the limit of verification. Verification can be that the bill issue by a real seller (or a labour service provider) or even to verify further that bill by the seller is issued genuine. Thus there is no end to verification. 

In a similar situation of a Motor claims if the workshop where the vehicle is repaired issues a fabricated bill and does not bring in his records, can a surveyor be alleged of failing his duty. 

IRDAI Regulation on Surveyor's Duties- On going through the surveyor's duties, it is desired that surveyor should give his remark even on admissibility of the claim as per terms of policy. I do not agree to this duty of surveyor as the claim admissibility is finally decided after satisfying the legal aspects of the claim. 

Thus I feel that Duties and Responsibilities of surveyor should be redefined which can be done by IIISLA Council taking up with IRDAI through IAC and Surveyor Advisory Committee. But before that IIISLA should deliberate on the issue.  

In view of the above, I propose that Delhi Chapter of IIISLA may hold a seminar cum conclave (Other Zones and Chapters may also hold similar meets) and deliberate on the issue. A White paper may be prepared on the discussions and proposals and put before IRDAI through IIISLA Council. This issue is common for all surveyors be it motor or non motor, independent or corporate and therefore all should take up this issue together. 

I wish members shall come forward to deliberate the issue to better and improvised working of profession.

C K BHATIA

09810231248

​​

[Sanjeev Soni]

It is a simple question. Wether a surveyor has power to interface I.e face to face visit to the various vendors and their bankers ,  related to insured   To check whether those bills are issued by them and also visit to bank to check payments made 
In bank accounts was reflected in bank  .  

To this confusion it is  very clear that  it is not possible to visit and verify suppliers  and their  bankers rather only duty of surveyor is to physically verify reinstatement and to check ledger and bank statement of insured for reinstatement nothing more then this  ssoni C.A.

Sent from my iPhone

On 12-Jun-2018, at 1:55 PM, Sunil Vashist <sunilva...@gmail.com> wrote:

I agree with you. 

[Chand Bhatia]

Dear Mr. Saini, 

My intent of writing the mail was that duties and responsibilities of surveyors should be redefined and undue or irrelevant duties should be removed. As rightly said by Mr. Sanjeev Soni, this is nt practically possible to verify the bills. Mr. Saini has suggested to take an indemnity bond from insured. Indemnity bond is again a legal aspect of the claim settlement and surveyor need not be involved in it. 

The issue of the bills was one example that I mentioned, but there are many more which are to be redefined in duties. But before the issues are brought to the notice of IRDAI, this is important that surveyors should discuss and enlist the corrections/amendments in duties and then IIISLA makes proper write up/memorandum to take up with Authority. 

Yes process of writing on the board is a good start, but proper discussion in a conference is more stimulating to express thought. 

Members are invited to share the thoughts. 

C K BHATIA

On Wed, Jun 13, 2018 at 12:56 AM Arvind Kumar <arvinds...@gmail.com> wrote:

Dear Sir,

I think the time has come that in order to safeguard our interest, wherever payable amount is big,  we should ask for indemnification affidavit from the insured for indemnifying insurance co. And /or surveyor in case , if any of his information is found wrong, deceitful at any stage or bills / payment receipt etc. Are found bogus at any stage.  That is my opinion , members May deliberate on the issue.

Thanks and regards,

Arvind Kumar Saini surveyors and loss assessors

Delhi

Fellow member iiisla - F/N 034 70

SLA 21522

Mobile 098100 15761

Get Outlook for Android

--
You received this message because you are subscribed to the Google Groups "Insurance surveyors" group.
To unsubscribe from this group and stop receiving emails from it, send an email to insurance_surve...@googlegroups.com.
To post to this group, send email to insurance...@googlegroups.com.
Visit this group at https://groups.google.com/group/insurance_surveyors.
For more options, visit https://groups.google.com/d/optout.

--

c k bhatia
09810231248

[Sanjeev Soni]

i am ready to come and share my views and discuss these matters at any platform in whole of india lets make it a point of change required in profession  so that even regulator understands  and we should delib erate with them also collectively to safeguard not only our members respect but also standerardise our duties with in framework of law 

To unsubscribe from this group and stop receiving emails from it, send an email to insurance_surveyors+unsub...@googlegroups.com.
To post to this group, send email to insurance_surveyors@googlegroups.com.

Visit this group at https://groups.google.com/group/insurance_surveyors.
For more options, visit https://groups.google.com/d/optout.

--

c k bhatia
09810231248

--

CA.SANJEEV SONI
S.SONI & CO.
1047/16, HARI SINGH NALWA STREET
KAROL BAGH, NEW DELHI.110005
PH.011-28754476, 28753387, 41546067
MOBILE 9810117269

[Lakshman Iyer]

Dear Brothers,

It's high time we, restrict ourselves to our work and our purview only and not the Insurers.

All these troubles are due to  undue loading of work and responsibilties on surveyors and that too for a meagre survey fees which is never in tune with Country"s Inflation rate and Price Index( While remuneration of Representative of Insurers are  upgraded on Indices)

Why ,we as  technical professional, go beyond our perview, and do unnecessary work on our part.

Some of the facts in the duties and responsibilties, totally not  pertaining surveyors and limited only to contractually bound parties, were highlighted in the intital stages. But most people overruled them and now we are facing the distorted noisy music/tunes.

God bless, High time for retrospection Duties and responsibilities.

Lakshman Iyer, 

Plot No.56,Revati Co-op Hsg. Soc. Near Agrasen Vidya Mandir Off Paithan Road,Itkheda 

AURANGABAD

Maharashtra(INDIA) 431010.

Mob-9822050433

[R. L. AGARWAL INSURANCE SURVEYORS AND LOSS ASSESSORS PVT. LTD.]

I fully agree with the views of Mr Sanjeev Soni.

O. P. Agarwal

Mob: 0-9810129056

[Arvind Kumar]

Dear Sir,

I think the time has come that in order to safeguard our interest, wherever payable amount is big,  we should ask for indemnification affidavit from the insured for indemnifying insurance co. And /or surveyor in case , if any of his information is found wrong, deceitful at any stage or bills / payment receipt etc. Are found bogus at any stage.  That is my opinion , members May deliberate on the issue.

Thanks and regards,

Arvind Kumar Saini surveyors and loss assessors

Delhi

Fellow member iiisla - F/N 034 70

SLA 21522

Mobile 098100 15761

Get Outlook for Android

On Wed, Jun 13, 2018 at 12:20 AM +0530, "Sanjeev Soni" <ssonic...@gmail.com> wrote:

--
You received this message because you are subscribed to the Google Groups "Insurance surveyors" group.

To unsubscribe from this group and stop receiving emails from it, send an email to insurance_surve...@googlegroups.com.
To post to this group, send email to insurance...@googlegroups.com.