A diagnostic study of the grievances redressal mechanism for the defense forces in India, but also of practical relevance to other jurisdictions.

1. SEMINAR
ON
GRIEVANCE REDRESSAL
04 SEPTEMBER, 2010

2. Defending the Company decision
before Forums
Strategies for effective presentation

3. Presentation
By
Major General Nilendra Kumar
Director
Amity Law School

4. Contents
1.
2.
3.
4.
5.
6.
Introduction
Need for effective presentation
Common problems
Speaking order
Appeal
Conclusion

5. FORUMS
1. IRDA
2. Courts
3. Consumer Forums

6. INSURANCE REGULATORY AND
DEVELOPMENT AUTHORITY (IRDA)
Responsible for addressing complaints
filed by policy holders.

7. COMMON PROBLEMS
1.
2.
3.
4.
Incomplete documents
Delay
Inadequate briefing
Absence of speaking order

8. Need for Grievances Redressal
1. Provides transparency and confidence in
the operations and thereby greater
satisfaction.
2. Uniform and consistent application of
rules.

9. VALID OBJECTIONS
1. Grievance/Customer Complaints Cell
not approached in the first instance.
2. Above approached but a reasonable
time not elapsed.

10. SPEAKING ORDER
A decision that shows application of
mind. Indicates reason.

11. Effective Presentation
1. Complete documents.
2. Point out policy (applicable).
3. Show deficiency/untenability of
complaint/claim.
4. Be objective and fair.
5. Give speaking order

12. USEFUL POINTS
1. Select a list of competent counsels of
proven integrity.
2. Thorough briefing of counsels.
3. Be present in court when the matter is
taken up.

13. INCONTESTABILITY CLAUSE
The insurer will not be able to contest the
statements contained in the application.

14. Take corrective in-house action to
change procedures & system.

15. 1. Create a Legal Cell
2. Identify suitable and experienced
manpower.
3. Stock requisite publications and law
literature.

16. ILLUSTRATIONS
1. Compulsion to execute an unconditional
discharge voucher.
2. Compulsion on the insurer to receive
whatever amount is offered.

17. APPEAL
1. Examine the order.
2. Point out weak areas of orders that can
be contested.
3. Enumerate grounds for appeal.
4. Show precedents, if any, in support of
contention for appeal.
5. Filing of Appeal within stipulated time
period.

18. TIMELY COMPLIANCE OF
JUDICIAL ORDER
1. To avoid contempt.
2. To avoid penal rate of interest.

19. Thanks !
Any Questions