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Consumer Rights

My insurance claim was rejected unfairly. What can I do?

Simple answer

Complain in writing to the insurer first. If it rejects you, or doesn't reply within a month, you can go to the Insurance Ombudsman free of cost within one year (for claims up to ₹50 lakh), or file a case in the Consumer Commission.

Real-life examples

Rahul's health claim was rejected as a 'pre-existing disease', though he had declared his diabetes in the proposal form. He wrote to the insurer's grievance cell. A month later, with no fair answer, he filed a free complaint with the Insurance Ombudsman online.

Fatima's husband died when his life policy was five years old. The insurer tried to reject the claim over an old non-disclosure. After three years, the law does not allow a life policy to be questioned on any ground.

Joseph had already filed a consumer case over his car insurance claim, and then tried the Ombudsman too. The Ombudsman cannot take a matter already pending before a court or consumer commission.

What should you do?

  1. 1Ask for the rejection reason in writing. Collect the policy, claim form, bills, reports and all letters.
  2. 2Send a written complaint to the insurer's grievance officer by email or online. Keep the complaint number.
  3. 3If it is not resolved, escalate it on IRDAI's Bima Bharosa portal.
  4. 4If rejected, unhappy with the reply, or no reply in one month, complain to the Insurance Ombudsman within one year. It is free and can be filed online.
  5. 5For bigger claims, or if you prefer, file on e-Jagriti instead. For large amounts, talk to a lawyer first.

Exceptions & limits

  • The Ombudsman cannot award more than ₹50 lakh. Bigger claims go to the Consumer Commission or court.
  • The Ombudsman cannot hear a matter already pending or decided in a court, consumer commission or arbitration.
  • Ombudsman rules cover personal, group, sole proprietor and micro enterprise policies. Other business policies may fall outside.

Official legal reference

  • Insurance Ombudsman Rules, 2017 — Rule 13(1)

    The Ombudsman hears complaints on claim delays, full or partial rejection, premium disputes, misrepresented terms and policy servicing.

  • Insurance Ombudsman Rules, 2017 — Rule 14(3), 14(5)

    Complain to the insurer first; go to the Ombudsman if rejected, unhappy or unanswered for a month, within one year; not if pending elsewhere.

  • Insurance Ombudsman Rules, 2017 — Rule 17

    Award within 3 months of receiving all papers, capped at ₹50 lakh; insurer must comply within 30 days; binding on the insurer.

  • Insurance Act, 1938 — Section 45

    A life policy cannot be questioned on any ground after three years from the policy, risk start, revival or rider date, whichever is later.

  • Consumer Protection Act, 2019 — Section 2(42)

    'Service' includes insurance and banking, so a policyholder can also approach the Consumer Commission.

Where to get help

IRDAI Bima Bharosa

Escalate insurance complaints that the insurer hasn't resolved.

e-Jagriti (Consumer Commission e-filing)

File a case before the District, State or National Consumer Commission online.

Source & status

Applies to
All of India
Law in force since
27 Apr 2017
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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