Car Insurance Policy cancellation without intimation and failure to register claim for my damage

Mohit Anand

New member
Policy Name
AUTO SECURE – STANDALONE OWN DAMAGE PRIVATE CAR
Company Name
TATA AIG GENERAL INSURANCE
Customer Care Number
18002667780
Loss Amount
1000000
Ratings
1.00 star(s)
Opposite Party Address
TATA AIG GENERAL INSURANCE COMPANY LIMITED
Peninsula Business Park, Tower A,
15th Floor, G.K.Marg, Lower Parel,
Mumbai, Maharashtra - 400013
I am registered owner of Tata Harrier. I was looking for options to renew the insurance coverage in respect of the Car when Gagan Khanna, in capacity of being the agent of Tata AIG General Insurance, approached and convinced me to renew the car insurance policy. That relying upon representations made by Gagan Khanna regarding various feature of the Insurance Policy, I had, on 4th August 2023, paid a sum of Rs.20,000/- using the credit card belonging to ICICI Bank. The payment was successful and consequently, after acknowledging the receipt of payment made, company renewed the policy bearing no. 62018145850000 in respect of the car. The Insurance Policy was provided to me both via email and in hard copy, which was delivered to my address. On account of a road accident on 20th June 2024, the car required repairs for which I took the car to the Authorized Service Centre of Tata Motors where, for the purpose of registering the claim, the officials of the Authorized Service Centre tried to obtain the relevant details of the policy using the policy number and also the registered mobile number. However, despite their best endeavours, the details of the Insurance Policy could not be ascertained. I then contacted Gagan Khanna who in turn informed to his utter dismay that the Insurance Policy was cancelled by Tata AIG due to a reversal of the credit card payment made by me towards the premium of the Insurance Policy. I categorically informed Gagan Khanna that I had not been notified of such payment reversal or the cancellation of the Insurance Policy. I engaged in multiple communications, both telephonic and via email with Gagan Khanna and Tata AIG, wherein I requested the reasons behind unilateral cancellation of the Insurance Policy however neither of them could provide a satisfactory response to various queries raised by me. Nonetheless, vide email dated 3rd July 2024, it was admitted by Tata AIG that due to an inadvertent error, the policy had not been issued in its records. Additionally, this information was communicated to me multiple times by the customer care representatives of Tata AIG. When I followed up with these representatives, I was assured that the Insurance Policy had been cancelled due to default on their side and that it would be renewed solely by them. However, they miserably failed to uphold their commitment and never renewed the Insurance Policy despite regular follow ups. Clearly the cancellation of the policy was unilateral by Tata AIG, and no intimation/notice was ever given by them or Gagan Khanna regarding the cancellation of the Car Insurance Policy. It is pertinent to note that after the issuance of the Insurance Policy and especially prior to cancellation of the Insurance Policy, Tata AIG was legally obligated to inform me regarding the reasons for such cancellation. Further, since the Insurance Policy had already been issued and it was only after such issuance that some payment related issues if indeed any, was faced by Tata AIG. In such circumstance, the company was legally bound not only to inform me regarding the default in payment, if indeed any, but also to give me a fair and reasonable opportunity to make the payment again however no such opportunity was ever afforded to me by Tata AIG or Gagan Saxena. Such failure on the part of them and subsequent act of unilateral cancellation of the policy by Tata AIG, which resulted in inability to register the Claim is manifestly illegal. As a matter of law, when a transaction has been duly entered between two parties, the party willing to cancel the same must give a due notice of its intention to the other party. Hence, Tata AIG has miserably failed to follow the very basic tenets of law by unilaterally cancelling the car insurance policy without giving any notice.
 
Hello @Mohit Anand

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