RADHE SHYAM GARG
Surveyor & Loss Assessor
MOTOR : MARINE : ENGG.
Licence No. 11788 House No. 434, New
Valid Upto 25/12/2015 Colony, Kurukshetra.
Ref.No. RSG/44/2012 Dated 10.05.2012
SPEED POST & MAIL
To
Smt Sudha Ramanujam (Dy. Director)
IRDA, Hyderabad.
Subject:- Fraud and Corruption in the office of IRDA, Hyderabad.
Madam,
I am in receipt of your letter bearing reference no 20/MINS/SLA/NL/IRDA/11-12 dated 17.04.2012 and you have replied my complaint received through Prime Minister Office and at each and every complaint you not replied the question and in each question you have mentioned that IRDA has no role on these issues. This is our bad luck that from the last more than two years I am regularly complaint the matter about the serious issues and the IRDA Office not taken any explanation from the insurance companies. Being a insurance regulator it is the moral responsibility and duties of the IRDA Office to protect the rights of insurance policy holders whereas your office is protecting the rights of private insurance companies. As desired by you my detailed proofs of corruption and fraud are as under :-
1. Most of the private insurance companies are carrying out the survey of accidental vehicles by their own employees which are not license holder surveyors. In case of any complaint regarding such illegal practice, the concerned private insurance companies signed these survey reports from their employee surveyors. Regarding this I am providing such documents as under :-
A) That Sh. Sushil kumar partner of M/s Shakti Motors, Kurukshetra complaint in the IRDA about the violation of 64UM by Reliance General Insurance Co Ltd and the IRDA Office confirmed vide his letter reference no. IRDA/SURV/COMP/35/11 dated 15.09.2011 that the survey of the captioned vehicles (complaint vehicles) were conducted by Sh. Rahul Sethi an employee surveyor from Ludhiana. Similarly the survey of accidental vehicle Regd No. HR 10K 7595, Insured Under Policy No. 1316702311010677 with Reliance GIC Ltd was conducted by Sh. Rakesh Bhatia in-house surveyor of the insurance company at Panipat. When the insured complaint the matter in the office of IRDA and asked the copy of survey report under RTI Act, then the insurance company provided the copy of survey report duly signed and stamped by Sh. Rahul Sethi employee surveyor of this insurance company from Ludhiana. It is very clear that if a insured / repairer complaint the matter about the violation of 64UM then the private insurance company signed such type of survey report from there own employee surveyors. A surveyor from Ludhiana is conducting the survey at Ambala, Kurukshetra, Karnal, Panipat, Rohtak etc., which is not possible and the IRDA Office is silent on all the issues due to his vested interests. I am enclosing here with the copy of reply provided by you to Sh. Sushil Kumar. All this type of practice is carried out by all the private insurance companies through out the country. Regretfully, your office not enquired any matter till today. Please check the record of this surveyor about the deposit of service tax / income tax. By adopting this type of illegal practice the private insurance companies are saving the service tax in thousands crores per year. Please hand over the matter to the CBI. The IRDA license of Sh. Rahul Sethi is SLA72924.
2. Some private insurance companies appoint the contractors for carrying out the survey work and due to which the insurance policy holders not get the proper compensation on any loss. Because these insurance companies appoint such contractors with a commitment to minimize the loss. In this practice the surveyors in thousands became jobless and came on the road. The detail of these contractors are as under :-
A) A surveyor firm M/s Chungaum Lindsay International Pvt Ltd was carrying out the all non motor survey relating to ICICI Lombard GIC Ltd.
B) A Surveyor Firm M/s IAR Surveyor and Loss Assessors Pvt Ltd are carrying out the motor survey relating to M/s Bharti Axa GIC Ltd and Tata AIG GIC Ltd.
3. Almost all the insurance companies are promoting the Automobile Dealers and due to which the small workshops whose number is in lacs are going to be closed and many crores labourer working in these workshop like Denter, Painter, Electrician, Mechanic etc has came on the road but the office of IRDA is silent. In this matter your answer is that this does not fall under the purview of IRDA. Madam, please let me know where should I complaint about this so that the poor people can earn their bread and butter.
4. Being a insurance regulator it is the duty of the IRDA to provide the information relating to any private insurance companies under RTI Act-2005. At each and every time you denied for the same which is not fair on your part. In this matter the Hon’ble Prime Minister of India has already declared that the private companies come under the purview of RTI Act-2005 through their regulatory body. I request you to please clarify the matter immediately.
5. The IRDA Office simply forward the complaint to the concerned insurance company and do nothing on the complaint. As per your letter I am producing several examples as under :-
a) Sh. Vinay Midha s/o Sh. Ashok Midha, R/o H.No. 15A, Chaman Gardan, Railway Road, Karnal complaint the matter against Oriental Insurance Co Ltd for the claim of
vehicle number HR 05X 0901, Insured under Policy No. 272100/31/2010/3252 under IRDA Complaint Token No. 07-11-017410 but till today your office not taken any action on the complaint and the matter is still lying pending. The concerned insurance company not attended the complaint of the insured. In this matter the complaint was also already lodged in the CVC Office, under complaint number 1429/11/3/146727. The matter was already informed several times by mails also on the grievance cell of IRDA but not taken any action.
b) Sh. Vishal Walia S/o Sh. R.K. Walia, R/o H.No. 1396, Sector-6, UE, Karnal, complaint the matter against Reliance Gen Insurance Co Ltd for the claim of his vehicle number DL 3CS 8086, Insured under insurance policy no. 2004702311009882. The all relevant claim documents were handed over to the surveyor and more over the matter was reported to police about the misshape, matter was also published in the news paper and only to repudiate my claim the insurance company appointed an investigator “The Shield” from Delhi and as per the investigator requirement all formalities were completed by the insured but the investigator not submitted the investigation report. The complaint was lodged against the investigator in the IRDA Office but IRDA Office says that there are no specific bylaws, guidelines and code of conduct for the investigator as per your letter dated 06.01.2012, under reference no. consumer affairs / RTI Cell -682/12-9/414. Please let me know where should a insured lodged the complaint against the investigator ?. The insured lodged the complaint in the IRDA office under Complaint No. 10-11-014786 but the insurance company not taken any action on the complaint of the insured.
c) Sh. Narender Pal S/o Sh. Brahama Nand, R/o H.NO. 361/15, Gandhi Nagar, Ganaur, Distt. Sonepat, complaint the matter against Iffko-Tiko Gen Insurance Co Ltd for the claim of is vehicle number DL 4CP 8252, Insured under insurance Cover Note no. 71219551. The all relevant claim documents were handed over to the surveyor and more over the matter was reported to police about the misshape and spot survey was also conducted. The IDV of said vehicle was Rs. 9.00 Lacs. The insurance Co. Surveyor Sh. Manoj Puri working under surveyor license no. SLA 54552 settled the claim on Total Loss Basis in Rs. 2,75,000/- instead of Rs. 8,99,000/- whereas as per the survey report the repair liability of the vehicle after deducting depreciation, salvage and policy clause the net liability is Rs. 10,54,550/- which is much more then the IDV and the insurance company should settled the loss on full IDV as per insurance policy terms and condition. Copy of survey report is enclosed herewith. Moreover the insurance company only to repudiate the claim appointed M/s Bhola & Associates (Investigator). The insured complaint the matter in your office several time by mails and through letters and lodge the complaint under IRDA Complaint number 06-11-004953 dated 08.06.2011 but till today IRDA Office not taken any action. I request you to please take the necessary action against the surveyor also because this surveyor is not fair to the client and the concerned insurance company utilized his services at the maximum due to his vested interest.
d) Sh. Rohtas S/o Sh. Shiv Dutt, R/o Ward No. 5, Assand, Distt. Karnal complaint the matter against HDFC Ergo Gen Insurance Co Ltd for the claim of his vehicle number HR 06Q 1369, Insured under insurance Policy no. 231120004487920000001. The all relevant claim documents were completed but the claim was repudiated illegally by the insurance company and accordingly the matter was complaint in the IRDA Office under complaint number 07-11-017358 dated 31.07.2011 but till today no action is being taken against the insurance company.
e) Sh. Rajesh Gori S/o Sh. Amar Nath Gori, R/o Sadhaura Distt. Yamuna Nagar complaint the matter against United India Insurance Co Ltd for the claim of is vehicle number HR 71A 0301, Insured under insurance Policy no. 112182/31/10/01/00000890. The all relevant claim documents were completed but the claim was repudiated illegally by the insurance company and accordingly the matter was complaint in the IRDA Office under complaint number 09-11-002369 dated 20.09.2011 but till today no action is being taken against the insurance company. The driving license was genuine but the fabricate investigation report was prepared from the investigator by the officers of insurance company. All record regarding the complaint was sent in your office but IRDA Office do nothing against Chief Regional Manager United India Insurnace Co Ltd, Chandigarh.
f) Complaint No. 07-11-032006 relating to Iffko-Tokio GIC Ltd is lying pending.
g) Complaint No. 07-11-031888 relating to M/s Shri Ram GIC Ltd is lying pending.
h) Complaint No. 11-11-032240 relating to M/s Reliance GIC Ltd is lying pending.
i) Complaint No. 06-11-033810 relating to M/s ICICI Lombard GIC Ltd is lying pending.
6. There is no ombudsman posted in the Chandigarh Office since November, 2009 and the complaints in thousands are lying pending in this office relating to private insurance companies, which is a matter on record and the IRDA not appointing the insurance ombudsman in the pressure of private insurance companies.
7. I have already informed you that Shri Ram Gen Insurance Co Ltd and Bajaj Allianz Gen Insurance Co Ltd are settled the claim without Cash Memo of the parts and the labour. In this matter M/s Shri Ram Gen Insurance Co Ltd issue the letters/ mails to the concerned surveyor, in which the Shri Ram Gen Insurance Co Ltd ordered the concerned surveyors that “Please note that we don’t require bill therefore see to it tax component where possible be disallowed”. In this matter I received a such type a mail which is enclosed herewith. Moreover you may confirm this matter from the surveyors who are working with the Shri Ram Gen Insurance Co Ltd and to the CEO of this insurance company. This insurance company is playing a fraud with the Govt of India in thousands crores in the shape of service tax / vat. This is a matter of great sorrow that IRDA Office not takeup the matter with the concerned insurance companies which itself proves that the chairman of IRDA and his team is very much corrupt.
8. The all insurance companies utilized the services of the investigator. The investigator are not licensed by the IRDA and due to which the insurance companies misutilised the services of these investigator and prepared the fabricate investigation report from these investigators and on behalf of these investigation report the insured’s claims are repudiated by the insurance companies. I have already given some examples in my point number 5. As per IRDA, there is no control on investigators and due to which the rights of insurance policy holders are violated.
9. As per your requirement about the theft claims I am providing some cases as under :-
a) A vehicle no. HR 26AJ 6009, A/c Sh. Mohit Choudhary, Insured under Policy No. 13017923111032488 with Reliance Gen Insurance Co ltd was stolen on dated 21.02.2010 and accordingly the insured informed the matter to the police immediately and lodged the FIR No. 70 dated 21.02.2010 at Police Station DLF, Sector-29, Gurgaon. The original documents i.e. RC and Insurance policy were also in the vehicle and were stolen along with the vehicle. All these things are also mentioned in the police report. When the insurance policy was stolen alongwith the vehicle and hence the insured traced the duplicate insurance policy and due to which informed late about the misshape to the concerned insurance company. But the insurance company repudiated the claim due to late intimation. The insured lodged the complaint in the insurance ombudsman, Delhi and on dated 19.03.2012, the insurance
ombudsman give the decision in the favour of insured. Please take the necessary action about all these illegal practice which are conducted by the insurance companies. There are so many claims rejected by the insurance company due to late intimation whereas the matter was informed to the police by the insured immediately. You may collect the data from the insurance company about the repudiation of the claim due to late intimation.
b) A vehicle No. HR 67-6012, owner Bhupesh Bhardwaj insured with Reliance GIC Ltd under Cover Note No. 1100000082358 was repudiated by the insurance company due to late intimation whereas the matter was reported to the police about the misshape immediately.
10. As already informed to you that due to non confirmation of the NCB from the previous insurer the present insurer repudiate the claim of the insurance policy holders. As per your letter you have mentioned that the rules of NCB and procedure for confirmation of NCB from other insurers are based on the internal guidelines of the insurer and IRDA has no role in this. Respected Madam, in each and every point raised by me about the irregularities / corruption / violation of the rights of insurance policy holders you mentioned that there is no role of IRDA. I request you to please close this office so that the expenses in hundred crores may be saved. I request you to please investigate the following cases which were repudiated by the insurer regarding NCB Confirmation :-
A) Vehicle No. HR 67 9305, A/c Sh. Sandeep Malik Insured with Future Generali India Insurance Co Ltd under policy No. 2011-VI1106006-PCV. Complaint the matter to IRDA Under complaint number 01-12-023581 but not taken any action.
B) Vehicle No. HR 05X 0901, A/c Vinay Midha insured with Oriental Insurance Co Ltd DRO-II, Delhi under policy no. 272100/31/2010/3252. Complaint the matter to the IRDA under complaint no. 07-11-017410 but not taken any action. Madam, I have collected so much record about the violation of insurance policy holders by the insurer and it is not possible to me, to mention each and every thing in this letter. In my opinion the office of IRDA is nothing but only a big corruption house. In the last two years I have complaint about the working of IRDA in the Prime Minister Office for more than ten times but your goodself (Sudha Ramanujam) not answered any question properly and every time you sent me the reply that there is no role of IRDA in these manipulations / fraud which is conducted by the insurer. There is a direct financial relation in between the insurance company and the insured. The insurer violates the rights of insurance policy holder and IRDA Office do nothing on all the issues. Madam, if your goodself will not taken any action on all the scam then I will suit file against you personally because at each and every time you misguide the Prime Minister Office also which is a Supreme Authority of India. I request you to please hand over the case to the CBI regarding on all the issues mentioned by me along with the proofs and specially about the violation of 64UM by the Private insurer. In the IRDA Office the corruption Ghotala is more than 2G Spectrum. IRDA Office has spent more than Rs, 600.00 Lacs on the advertisement of IGMS Complaint System but most of the insurance companies not attended these complaints and till today your office not taken any action against any insurer. From the last about three years there is no ombudsman posted in Chandigarh Office whereas the IRDA has spent rupees more than 115.00 Lacs on advertisement and due to which wasting the public money due to the vested interest involved of the officers of IRDA.
Thanking You
Yours Faithfully,
R.S.GARG
H.No. 434, New Colony, Adarsh
Nagar, Kuruksehtra(Haryana)
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