GREAT NEWS FOR INDEPENDENT SURVEYORS NOW TIME TO ACT

[LALIT GUPTA]

Dear Friends,

Plz find the trailing mails of Sh.Pankaj Kumar Tewari ,General Manager, Surveyor IRDAI along with follow up mail of Oriental Insurance Company barring any unlicensed person to conduct survey job.

Friends, now time to act against all defaulters of our profession who tried to tranish image of independent surveyor by sending unlicenced person on their behalf to conduct survey & involved in EOI/Contract Survey & even on independent basis with lesser fee.

All of you are requested to plz go through this mail & forwarded to local office for implementaion of this order & restrict utilisation of any unlicenced person by any of Surveyor 

Believe this act of yours will surely be for our own survival which is on stake due to illegal activities of few individuals.

I further request all of  Motor Surveyors not to consider any Spot survey report being conducted by these contractors through unlicence persons.

Hope for your support  for better future of our noble profession 

Rgds!

Lalit Gupta

Director/ Ex President IIISLA

 

From: Santosh Chaudhary
Sent: Monday, September 27, 2021 3:19 PM
To: Regional In-charges; RM MOTOR OD Group; SVC incharges
Cc: Milap Chand; Mudita Singh; Shampa Khastgir; Debasish Mohanty; Savvy Sehgal; Sanjay Kumar; Shahbaz Ahmed; Anita Meena; Sandip Kar
Subject: Involvement of Unlicensed persons by Corporate Surveyors & Loss Assessors
Importance: High

 

URGENT IRDAI COMPLIANCE

 

Dear Ma'am/Sir,

 

We have been notified by the IRDAI on measures to be taken regarding the issue of 'Involvement of Unlicensed persons by Corporate Surveyors   & Loss Assessors' ( Where corporate surveyors are utilizing unlicensed persons for carrying out insurance survey and loss assessment of claims below the amount specified in Regulation 12 of IRDAI (Insurance Surveyors and Loss Assessors) Regulations, 2015(hereafter referred as Surveyors Regulations. This applies to all claims even where the insurers are utilizing Surveyors to assess losses below the “No Survey” Limits of Rs 50,000/- in case of motor and Rs. 100,000/- for property claims. Hence, the Authority lays down that all survey and loss assessment jobs allocated to a Corporate Surveyor, for all claims , are required to be assessed by a licensed surveyor only.

 

In view of the foregoing you are advised to take following actions in compliance of the directions of the Authority:

1.       For a Corporate Surveyor to be allotted a survey job, it is now a pre-requisite to provide to OICL a list of all licensed surveyor and loss assessors (along with the authorized department) working in his firm. So, we further advise you to ensure that No survey job is  allotted to a Corporate Surveyor unless the list format as attached is submitted by the Corporate Surveyor in writing. Additionally please advise all corporate surveyor entities that the list as per format attached (list of all licensed surveyors working with them) should be  shared with OICL latest by 10^th   October 2021.

2.       Before allocating a surveyor and loss assessor job to a corporate surveyor, please ensure,  only those persons who are licensed in the relevant department are entrusted the job of survey and loss assessment. Under no circumstances can unlicensed surveyors be utilized.

3.       Please also find attached ' Format of Declaration by the Corporate Surveyor', the same has to be sought in written along with every survey report in respect of each survey and loss assessment by the Corporate Surveyor.

4.       You are required to monitor the performance of surveyors, including compliance with the code of conduct and the duties and responsibilities laid down in Regulation 21(2) of Surveyors Regulations as amended from time to time. It is the responsibility of the insurer(OICL) to enquire into cases of violation of code of conduct brought to its notice, conduct the necessary enquiry and investigation and report wherever violation is established, to the Authority immediately. Upon information on any such violation please bring it to the Notice of the Head Office immediately.

 

On 11^th Oct, 2021, each RO is requested to confirm compliance of the above instructions .

 

 

Thanks & regards,

 

Santosh Chaudhary, Chief Manager

Motor OD Claims (Head Office),

The Oriental Insurance Company Limited,

88, Janpath (First Floor), New Delhi.

Tel : 011-43659815 |

CIN :U66010DL1947GOI007158

 

 

From: Santosh Chaudhary
Sent: 27 September 2021 10:58
To: Savvy Sehgal
Subject: FW: Involvement of Unlicensed persons by Corporate Surveyors & Loss Assessors
Importance: High

 

Urgent.

 

Thanks & regards,

 

Santosh Chaudhary, Chief Manager

Motor OD Claims (Head Office),

The Oriental Insurance Company Limited,

88, Janpath (First Floor), New Delhi.

Tel : 011-43659815 |

CIN :U66010DL1947GOI007158

 

From: Milap Chand
Sent: Monday, September 27, 2021 10:20 AM
To: Mudita Singh
Cc: Santosh Chaudhary; Shampa Khastgir
Subject: FW: Involvement of Unlicensed persons by Corporate Surveyors & Loss Assessors
Importance: High

 

Kindly see the attached formats and trailing mail and ensure compliance.

 

 

Thanks and Regards,

 

मिलाप चन्द / Milap Chand

महाप्रबंधक  /General Manager

 

The Oriental Insurance Company Ltd.,

Head Office,” Oriental House”,

A-25/27 Asaf Ali Road, New Delhi-110002

Phone no. 011-41064802
Web Portal: www.orientalinsurance.org.in

CIN:U66010DL1947GOI007158

 

From: OICL CMD
Sent: 25 September 2021 18:51
To: D. Nagalakshmi; R R Singh; Milap Chand; Rashmi Bajpai
Cc: Anjan Dey; Anita Gupta
Subject: Involvement of Unlicensed persons by Corporate Surveyors & Loss Assessors
Importance: High

 

---

From: Pankaj Kumar Tewari <pankajk...@irdai.gov.in>
Sent: Friday, September 24, 2021 6:02 PM
To: sanj...@bhartiaxa.com; suryana...@cholams.murugappa.com; ramchand...@cocogeneralinsurance.com; shanai...@edelweissfin.com; An...@Futuregenerali.in; vijay...@godigit.com; Ritesh...@hdfcergo.com; bhargav....@icicilombard.com; managing...@iffcotokio.co.in; suresh....@kotak.com; Roopam....@libertyinsurance.in; rajive.ku...@magma-hdi.co.in; pankaj...@rahejaqbe.com; rakes...@relianceada.com; m...@royalsundaram.in; pc.ka...@sbigeneral.in; anil.a...@shriramgi.com; neeles...@tata-aig.com; atul....@newindia.co.in; OICL CMD; sharad...@universalsompo.com; va...@acko.com; Tapan....@bajajallianz.co.in; suchit...@nic.co.in; c...@uiic.co.in
Cc: 'PankajKr. Tewari'; 'Nimisha Srivastava'
Subject: Involvement of Unlicensed persons by Corporate Surveyors & Loss Assessors

 

 

 

 

CEOs of All General Insurers and Surveyor and Loss Assessors

  

Reg: Involvement of Unlicensed persons by Corporate Surveyors   & Loss Assessors

 

It has come to the notice of the Authority that corporate surveyors are utilizing unlicensed persons for carrying out insurance survey and loss assessment of claims below the amount specified in Regulation 12 of IRDAI (Insurance Surveyors and Loss Assessors) Regulations, 2015(hereafter referred as Surveyors Regulations).

The corporate surveyor has to ensure that once insurer has appointed him to conduct the survey and loss assessment, the claim is required to be assessed by a licensed surveyor and loss assessor authorized to survey for that particular department. This applies to all claims even where the insurers are utilizing Surveyors to assess losses below the “No Survey” Limits of Rs 50,000/- in case of motor and Rs. 100,000/- for property claims.    

All corporate surveyors, before undertaking any job of survey and loss assessment shall provide a list of all licensed surveyor and loss assessors (along with the authorized department) working in his firm to the insurer.

It shall be the responsibility of the insurer to ensure that before handing over surveyor and loss assessor job to the corporate surveyor, only those persons who are licensed in the relevant department are entrusted the job of survey and loss assessment. Under no circumstances can unlicensed surveyors be utilized.

The insurer shall have the duty to verify that the survey report is given by the licensed surveyor only. The insurer shall also get a confirmation in writing from the corporate surveyor that no unlicensed person is involved in the survey job. The confirmation needs to be provided in the form of a declaration along with survey report in respect of each survey and loss assessment.

All corporate surveyor entities are advised to provide list of all licensed surveyors working with them in the attached format on or before 10^th   October 2021.

Attention of insurers is also drawn to Regulation 21(2) of Surveyors Regulations as amended from time to time where by every insurer is required to monitor the performance of surveyors, including compliance with the code of conduct and the duties and responsibilities laid down in these regulations. It shall be the responsibility of the insurer to enquire into cases of violation of code of conduct brought to its notice, conduct the necessary enquiry and investigation and report wherever violation is established, to the Authority immediately.

 

This has approval of competent authority.

 

(Pankaj Kumar Tewari)

General Manager(Surveyors)

 

 

 

 

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[pradeep deshpande]

Dear sir,

Truly said above is the Great Example of Efforts put by some of IIISLA  Memberes. But what about the Efforts of  Elected Members?Where our Contributions are going ?Only on effortless Tours/Meeting/Court cases etc.

Regards

Pradeep Deshpande

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[Ram Awadh]

Dear Sir, 

There were several complaints in this regard from the fraternity and the insured's side, that Corporate surveyors are using nonlicensed employees for losses exceeding the threshold limit and below the limit, no matter motor or non-motor. It is very much clear that Surveyor and Loss Assessor job is purely an individual base job. Corporate surveyors are using employees for 15 years. Some corporate surveyor firms are running their firms, companies, LLP  like a business house. They have employed more than 100 non-licensed employees along with licensed surveyors. They first attacked the miscellaneous, engineering, fire, marine small, and big losses because there were fewer surveyors in comparison to Motor surveyors. They made jobless to nonmotor surveyors in these 10 years. The idea or position of corporate was deemed by the authority to handle big losses prima facie and further to ease the situations of the natural disaster like floods, hurricanes, storms, earthquake losses, etc. These ill will corporates became elements to corrupt the whole system than prevailing in general insurance. At the early stage, there were less than 50 corporates, now their number has been increased to more than 600. There are plenty of nonmotor cases in our country that can not be handled by individual surveyors or actual corporate surveyors but these business-minded unprofessional corporates have created an atmosphere of joblessness to non-motor individual surveyors.

The corporate surveyor firms were already working on the Motor segment losses but not extensively. Now the positions in these three years have been changed. The independent/individual/corporates (contractor-like) surveyors working on a bulk number of cases changed their stance and formed their companies to grab the survey job as a whole or major part. The position of insurance officers private or public is the same, they are taking advantage of the situation exception may be there but more percentage of key positions are involved in ill practices. Surveyors are bound to be fit under the circumstances. Some are surviving and a larger number are being deprived. Still, they don't want to be united. They can abuse III SLA office bearers past or present but can not raise their concern. 

IRDAI is a regulator/ competent authority of this whole insurance sector. They are getting feedback from insurers and grievances from the citizens and surveyors regularly on the utilization of non-licensed employees in place of license surveyors. 5 corporate surveyor firms have been penalized on the matter within three months. The General Manager (Surveyors) respected Shri Pankaj Kumar Tewari and the competent authority of the IRDAI have taken the stern decision and directed to the corporate surveyors and insurers as well. Surveyors' bread butter can be saved if they are united and are ready to raise their concerns without any groupism. Learned/ Competent officers of the Oriental Insurance Company Ltd have issued directions first in order to comply with the directives of IRDAI is praiseworthy and very appropriate at the juncture. Other PSU /Private insurers are observing the situation and are waiting for the effect of the directive.   

Now the most important concern for surveyors and the institute as a whole is to act on the direction because I guess that a forum of Corporate Surveyors and Loss Assessors registered under The Societies Registration Act,1866 Registration number S/2312/DS/2017 based at New Delhi is comprehensively active to null the directive by hook or crook. Our constitution gives right to the citizens to form associations or unions or cooperative societies but there are reasonable restrictions. This association or society is formed by firms whose directors are individual members of our institute, So they should have to follow the code and conduct set by IRDAI/Surveyor Regulations. They must have to follow the code of ethics of the profession as established/ laid in our AOA/ Regulations. They can not be associated to negate morality and public order as this directive of IRDAI/OICL is to enhance morality and ethics in the survey profession. 

I would like to suggest the central council/board III SLA upload the directive issued by the authority on the website of III SLA in order to make it available as a ready reckoner for the members and the society as well. The institute should have to observe this segmented association of corporates. 

Thanks and Regards

RAM AVADH SINGH

MBA, LL.M, FIIISLA

  

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