In short. Banking and insurance disputes go to different forums. Loan recovery by banks runs through SARFAESI notices and the Debts Recovery Tribunal (claims of ₹20 lakh and above). Service complaints against banks go to the RBI Ombudsman. A rejected insurance claim goes to the insurer's grievance officer, then the Insurance Ombudsman or a consumer commission within two years.
The law here is spread across several statutes: the SARFAESI Act 2002, the Recovery of Debts and Bankruptcy Act 1993, the Insurance Act 1938, the Consumer Protection Act 2019 and the directions issued by the Reserve Bank of India and IRDAI. Each one has its own forum and its own clock. The mistake we see most often is not a weak case. It is a strong case filed in the wrong place, or too late.
If your problem is a tribunal case already filed in Delhi, our page on the DRT lawyer in Delhi goes into the procedure before the Debts Recovery Tribunals and the DRAT in detail. If a cheque you gave or received has bounced, see the cheque bounce lawyer page. This page is the wider map: what kind of problem you have, who decides it, and what to do first.
- Main laws
- SARFAESI Act 2002, RDB Act 1993, Insurance Act 1938, Consumer Protection Act 2019
- Bank recovery forum
- Debts Recovery Tribunal for claims of ₹20 lakh and above; appeal to DRAT
- SARFAESI challenge
- Section 17 application to the DRT within 45 days of the measure taken
- Service complaints
- RBI Integrated Ombudsman Scheme 2026 (which replaced the 2021 scheme from 1 July 2026), after the bank rejects or fails to reply in 30 days
- Insurance claims
- Grievance officer, then Insurance Ombudsman or consumer commission
- Consumer complaint limit
- Two years from the cause of action (section 69, Consumer Protection Act)
What counts as a banking or insurance dispute?
A banking dispute is any disagreement with a bank, NBFC or housing finance company about money: a loan account, a recovery notice, a debit you did not authorise, a frozen account, a wrongly reported credit score, or a refusal to return title deeds after the loan is closed. An insurance dispute is usually a rejected or underpaid claim, but it also covers mis-sold policies, cancelled policies and delays in settlement.
These disputes split into two broad kinds. The first is recovery, where the lender is coming after you and you need a defence, more time or a settlement. The second is grievance, where you are the one who has lost money and you want it back. The forum, the paperwork and the strategy are different for each, so the first thing we do in a meeting is work out which side of that line you are on.
Some problems sit on both sides at once. A borrower facing a SARFAESI notice may also have a genuine grievance about wrong interest charges or penal charges added to the account. Those grievances can often be raised in the same proceedings as a defence, and sometimes they change the amount the bank can lawfully demand.
My loan has turned NPA. What happens now?
A loan is generally classified as a non-performing asset (NPA) when an instalment or interest stays overdue for more than 90 days, under the RBI's prudential norms. Once that happens, the bank's internal process changes. The account moves from the branch to a recovery or stressed assets team, and the letters stop being polite reminders.
What usually follows is one or more of these: a recall notice demanding the entire outstanding amount, a demand notice under section 13(2) of the SARFAESI Act if the loan is secured, an Original Application before the Debts Recovery Tribunal if the amount is ₹20 lakh or more, a cheque bounce complaint if you gave post-dated cheques, and sometimes an insolvency petition if a company is the borrower. Banks often run two or three of these at the same time, and that is lawful.
This is the stage where a short meeting is worth the most. Before the bank takes possession, you still have room to object, regularise, restructure or negotiate a settlement from a position of some strength. After an auction notice is published, most of that room has gone.
Which forum handles which banking or insurance problem?
Choosing the right forum first saves months. Here is a working guide for borrowers, account holders and policyholders in Delhi NCR.
| Problem | Where it goes | Time limit to watch |
|---|---|---|
| SARFAESI demand notice under section 13(2) | Written objection to the bank under section 13(3A) | Within the 60 days given in the notice |
| Possession notice or physical possession of secured property | Securitisation application under section 17 before the DRT | 45 days from the measure taken |
| Bank's recovery suit of ₹20 lakh or more | Original Application before the DRT | Written statement within the time the tribunal allows after summons |
| DRT order you want to challenge | Appeal to the DRAT, with pre-deposit | Generally 30 days (SARFAESI) or 45 days (RDB Act) |
| Deficient bank service, wrong charges, unauthorised debit | Bank's grievance cell, then RBI Ombudsman | Ombudsman within one year of the bank's reply |
| Rejected or short-paid insurance claim | Grievance officer, then Insurance Ombudsman or consumer commission | Ombudsman generally within one year; consumer complaint within two years |
| Builder-linked home loan dispute | RERA authority or consumer commission, with the bank as a party where relevant | Depends on the forum chosen |
Smaller loan claims (below ₹20 lakh) do not go to the DRT. Banks recover those through civil suits, commercial courts, arbitration clauses in the loan agreement or Lok Adalat.
Can the bank take my house under SARFAESI without going to court?
Yes. The SARFAESI Act 2002 lets a bank or financial institution enforce its security interest without filing a suit, provided the loan is secured, the account is an NPA and the outstanding amount is at least ₹1 lakh. It does not apply to agricultural land. That is the reason many borrowers are surprised: the first official document they receive is a notice from the bank, not a summons from a court.
The process starts with a demand notice under section 13(2), giving you 60 days to pay the full amount. You can send a written objection under section 13(3A), and the bank must reply within 15 days, giving reasons if it rejects the objection. If you do not pay, the bank can take possession under section 13(4). For physical possession of a house or flat it usually applies to the Chief Judicial Magistrate (earlier called the Chief Metropolitan Magistrate) in Delhi, or the District Magistrate in Ghaziabad and Gautam Buddh Nagar, under section 14.
The borrower's main legal remedy is a securitisation application under section 17 before the Debts Recovery Tribunal, within 45 days of the measure taken. The DRT can stay the possession or sale, set aside the measure, or order the property restored if the bank did not follow the Act. Our DRT practice page explains how a section 17 application is drafted and argued.
How a SARFAESI action usually moves
The steps below follow the order set by the Act and the Security Interest (Enforcement) Rules 2002. Each step is a point where a defect can be challenged.
Demand notice under section 13(2)
The bank states the amount due and gives 60 days to pay. Check the figure, the account number, the property description and whether every borrower and guarantor has been served.
Objection under section 13(3A)
Send a reasoned written objection within the 60 days. The bank must reply within 15 days. A missing or mechanical reply is a ground that is often raised later before the DRT.
Symbolic possession under section 13(4)
The bank issues a possession notice, affixes it on the property and publishes it in newspapers. You still live in the house at this stage, but the clock for a section 17 application has started.
Physical possession through the magistrate
The bank applies under section 14 to the CMM or DM, who can direct possession with police help. Courts in Delhi and UP see many of these applications every week.
Valuation, sale notice and auction
The bank must have the property valued and give a sale notice before auction. Once the auction notice is published, the right to redeem by paying the full dues is generally lost under the amended section 13(8).
Challenge before the DRT
A section 17 application can be filed against any of these measures, within 45 days of the measure you are challenging. Interim stay is discretionary and is often conditional on depositing part of the dues.
When does a bank file a case in the Debts Recovery Tribunal?
A bank or financial institution files an Original Application under section 19 of the Recovery of Debts and Bankruptcy Act 1993 when it wants a money decree for ₹20 lakh or more. The DRT, not the civil court, has exclusive jurisdiction over such claims. The application usually names the borrower, the guarantors and any mortgagors, and asks for interest, costs and sale of the mortgaged property.
The borrower files a written statement, and can raise a counter-claim or set-off against the bank. If the bank succeeds, the tribunal issues a recovery certificate, and a Recovery Officer of the DRT then attaches and sells property, or takes other steps allowed by section 25. SARFAESI and DRT proceedings can run side by side for the same loan.
Delhi has more than one Debts Recovery Tribunal and a Debts Recovery Appellate Tribunal. Which bench hears a case depends on the territorial notification and, for very large claims, on the amount. We cover the Delhi tribunals, pre-deposit on appeal and settlement before the DRT on the DRT lawyer in Delhi page.
Recovery agents keep calling and visiting. What is allowed?
A bank can lawfully remind you, call you and send its recovery agent to collect dues, but it cannot threaten, abuse, shame or intimidate you. The RBI's directions on recovery agents and the fair practices code require banks to restrict calls to reasonable hours, identify the agent, avoid contacting friends and relatives to embarrass you, and never use force. Banks are responsible for what their agents do.
Keep a record: call logs, recordings where lawful, messages, names and dates. Complain in writing to the bank's grievance officer first. If that does not stop it, the RBI Ombudsman can take up the complaint against the bank. Threats of violence, or visits that turn into intimidation, can be reported to the local police station; criminal intimidation is an offence under section 351 of the Bharatiya Nyaya Sanhita 2023.
Two cautions. Harassment by an agent does not reduce the debt, so a complaint is not a substitute for dealing with the loan. And private apps that offer loans without any regulated lender behind them are a separate problem altogether, often closer to fraud and extortion; our cyber crime lawyer page covers that situation.
Is a one-time settlement with the bank a good idea?
A one-time settlement (OTS) is often the most sensible way out of an old NPA, especially when the property value has fallen or the interest has grown faster than the principal ever did. Banks have board-approved settlement policies and sometimes run special schemes. The negotiation is commercial, but the paperwork must be legal and precise.
Insist on a written sanction letter from the bank, not a phone call or an email from a recovery officer. It should state the settlement amount, the payment schedule, what happens if a single instalment is late, the withdrawal of pending DRT, SARFAESI and cheque cases, the return of original title deeds, and the issue of a no-dues certificate. Ask that the bank report the account as settled to the credit information companies, and understand that a 'settled' status reads differently from 'closed' on a credit report.
Settlements before the DRT or in a Lok Adalat can be recorded as an order, which gives you an enforceable record. People get into trouble when they pay part of an informal settlement, miss one instalment, and find the bank treating the whole arrangement as void. Read the default clause twice.
I am only a guarantor. Can the bank come after me?
Yes. Under section 128 of the Indian Contract Act 1872, a guarantor's liability is co-extensive with that of the principal borrower unless the contract says otherwise. The bank does not have to exhaust its remedies against the borrower first. Guarantors are routinely named in DRT applications and served with SARFAESI notices where they have mortgaged their own property.
A guarantor has some defences. If the bank changed the loan terms without the guarantor's consent, released security, or gave the borrower time in a way that affected the guarantor's rights, the Contract Act may discharge the guarantor wholly or in part. These are fact-heavy arguments and depend on the actual documents signed, which are often longer than people remember.
Personal guarantors of corporate debtors can also face insolvency proceedings under section 95 of the Insolvency and Bankruptcy Code 2016 before the NCLT. If the company whose loan you gave a personal guarantee for is already in insolvency, see our page on bankruptcy and insolvency advice. Where a bank has asked for a Look Out Circular against a borrower or guarantor, the LOC cancellation page explains the remedies.
My bank account has been frozen. What can I do?
First find out who froze it and why. Accounts are frozen for very different reasons: incomplete KYC, a request from the police in a cyber fraud complaint, an attachment by the income tax or GST department, a court order, or the bank's own decision to exercise a lien or set-off for another overdue loan. The bank branch is usually obliged to tell you the source, even if it will not show you the police letter.
A police-requested freeze in an online fraud case is now the most common reason we see. Money passes through several accounts, and a person who received a payment for goods or services may find the whole account blocked, not just the disputed amount. The remedy is usually an application to the investigating officer, and if that fails, to the magistrate or the High Court, asking that the freeze be limited to the disputed sum.
A KYC freeze is resolved at the branch with documents. A tax attachment is dealt with before the tax authority. A bank's lien or set-off depends on the account terms and the facts. Telling these apart is the first job, and it usually takes one visit to the branch with a written request.
Money was taken from my account by fraud. Will the bank refund it?
Often, yes, if you report quickly and the fraud did not happen because you shared your OTP or PIN. The RBI's directions on customer liability in unauthorised electronic banking transactions place zero liability on the customer where the bank or a third party is at fault and the customer reports within three working days. Liability increases the longer you wait to report.
Report the transaction to the bank in writing the same day, block the card or UPI access, call the national cyber fraud helpline 1930 and register a complaint on cybercrime.gov.in. Speed matters because money can sometimes be frozen in the receiving account before it is withdrawn. Keep the acknowledgement numbers.
If the bank refuses to reverse the amount or does not reply within 30 days, the RBI Ombudsman is the next step for most cases. Where the loss is large, or the bank's own systems failed, a consumer complaint for deficiency in service may be the better route because it allows a claim for compensation and costs as well.
How does a complaint to the RBI Banking Ombudsman work?
The RBI Integrated Ombudsman Scheme 2026 covers deficiency in service by banks, many NBFCs, payment system participants and credit information companies. You must first complain in writing to the regulated entity. If it rejects the complaint, gives an unsatisfactory reply, or does not reply within 30 days, you can file with the Ombudsman online through the RBI's complaint management system.
The complaint should be filed within one year of receiving the bank's reply, or within one year and 30 days of your original complaint if no reply came. The Ombudsman will not take up a matter already pending before a court, tribunal or consumer commission, so choose your forum before you file. The process is paper-based, there is no fee, and most complaints are settled by facilitation or conciliation.
The Ombudsman is suited to clear service failures: wrong charges, failed ATM withdrawals, delayed refunds, non-return of title deeds after closure, pension delays, mis-selling of third-party products. It is not the right place for disputes that need witnesses, detailed accounts or a decision on whether a loan was lawfully recalled. Those belong before the DRT, a civil court or a consumer commission.
Why was my insurance claim rejected?
Most rejections we see fall into a small number of reasons: non-disclosure of a pre-existing disease or earlier policy, a waiting period not yet over, an exclusion clause, late intimation of the claim, missing documents, a surveyor's report that assesses the loss lower, or a finding that the hospitalisation was not necessary. The rejection letter names a clause. Start there and read the policy wording for that exact clause, not the brochure.
Some reasons are stronger than others. A rejection for non-disclosure of an illness that had no connection with the claim, or that the insurer's own medical check should have found, is often challengeable. A delay in intimation is usually not fatal if the insurer was not prejudiced by it. Section 45 of the Insurance Act 1938 bars an insurer from questioning a life insurance policy on any ground after three years from the date of the policy, revival or rider.
Motor, fire, marine and business policies turn more on the surveyor's report, the policy schedule and conditions about locks, alarms or stock registers. In those cases the surveyor's assessment is the document to challenge, with your own bills, photographs and records.
What to do after an insurance claim is rejected
The order below keeps all your options open. Skipping the first step weakens later ones.
Ask for reasons and documents in writing
Request the full rejection letter, the surveyor or investigator's report, and the proposal form you signed. Many people discover only now what was filled in on their behalf.
Write to the grievance redressal officer
Every insurer must have one. Set out why the rejection is wrong, clause by clause, and attach proof. Keep the reply, or note the date if none comes.
Register on the IRDAI grievance system
IRDAI's Bima Bharosa portal records the complaint against the insurer and tracks it. IRDAI does not decide individual claims, but the record helps.
Approach the Insurance Ombudsman or a consumer commission
The Ombudsman under the Insurance Ombudsman Rules 2017 is quick and free for claims within its monetary limit. A consumer commission can award compensation and costs beyond the claim and has no upper limit across its three levels.
Consider arbitration or a civil suit only in specific cases
Some commercial policies have arbitration clauses for disputes about quantum. Large business claims sometimes suit a civil or commercial court better. These routes are slower and costlier.
Insurance Ombudsman or consumer commission?
| Point | Insurance Ombudsman | Consumer commission |
|---|---|---|
| Who can use it | Individual policyholders and some small business policyholders | Any consumer who bought the policy, other than for a commercial purpose in most cases |
| Time limit | Generally within one year of the insurer's final reply | Two years from the cause of action, delay condonable for sufficient cause |
| Value limit | Up to the cap fixed in the Rules (check the current figure) | District up to ₹50 lakh, State up to ₹2 crore, NCDRC above ₹2 crore |
| Fee | None | None up to ₹5 lakh; a modest fee above that |
| Is the decision binding? | Binding on the insurer if you accept the award | Binding on both sides, subject to appeal |
| Compensation beyond the claim | Limited | Can include compensation for harassment and costs |
| Lawyer needed? | Not required | Not required, but common for larger claims |
You cannot run both at once for the same grievance. If the claim is large, involves serious factual disputes, or you want compensation for harassment, the consumer commission is usually the better choice. Our page on consumer and competition laws explains filing on the e-Daakhil portal.
What can IRDAI do about my insurance complaint?
IRDAI, the Insurance Regulatory and Development Authority of India, regulates insurers but does not sit as a court to decide whether your particular claim should be paid. It can register your grievance, forward it to the insurer, monitor the response, and take regulatory action where an insurer shows a pattern of unfair conduct. It also sets rules on claim settlement timelines and policyholder protection.
A complaint to IRDAI is still worth filing in mis-selling cases, where a policy was sold with false promises of returns or a loan was made conditional on buying insurance, and where an insurer is ignoring the grievance officer altogether. But do not let an IRDAI complaint run for months while the time limit for the Ombudsman or the consumer commission passes. Treat it as a parallel record, not the main remedy.
A made-up example: a health claim rejected for a pre-existing disease
Here's a made-up example. A 52-year-old in Dwarka buys a family floater health policy. Two years later she is hospitalised for a gall bladder operation. The insurer rejects the claim, saying she did not disclose high blood pressure in the proposal form, which a hospital note mentions as 'known case of hypertension for three years'.
We would first get the proposal form and check who filled it and what questions it asked. We would then look at whether hypertension had anything to do with the gall bladder surgery, whether the insurer ran a pre-policy medical check, and whether the hypertension was ever treated or merely noted. A written representation to the grievance officer would set this out with the treating doctor's opinion.
If the insurer holds its position, a complaint to the Insurance Ombudsman or the District Consumer Commission would follow, depending on the amount and whether she wants compensation as well. The outcome is not certain in a case like this; it depends on the documents. But a rejection that rests on an unrelated condition, noted once in a hospital file, is the kind that is often contested.
Documents to bring to the first meeting
Bring copies, not originals, unless we ask. If you have only some of these, come anyway.
Loan and recovery matters
- Sanction letter and loan agreement
- Account statement from the start of the loan
- Every notice received: recall, 13(2), 13(4), sale notice
- Your replies and the bank's replies
- Title documents of the mortgaged property
- Any DRT summons, order sheet or application copy
Bank service and fraud complaints
- Bank statements showing the disputed entries
- Complaint to the bank with acknowledgement
- 1930 or cybercrime.gov.in complaint number
- SMS and email alerts received
- Bank's reply, or proof that 30 days have passed
Insurance claims
- Policy document and schedule with all endorsements
- Proposal form, if you have it
- Claim form and rejection letter
- Hospital records, bills, discharge summary, or surveyor report
- Correspondence with the insurer and TPA
When it is better not to fight the bank or insurer
Not every notice deserves a case. If the debt is genuine, the bank followed the procedure, and the property is worth more than the dues, the sensible course is usually to regularise the account, sell the property yourself at a better price with the bank's consent, or negotiate a settlement. A section 17 application filed only to buy time, with no real ground, often ends with a condition to deposit money you do not have and costs on top.
Similarly, an insurance claim rejected because the policy had lapsed, or because the treatment fell clearly within a waiting period, rarely improves with litigation. We will tell you when the papers do not support a case. That conversation saves more money than any filing.
There are also cases where the right move is to wait for the other side. If a bank files an Original Application, it has to prove its account. If a claim is near the end of its limitation period, a letter acknowledging the debt gives the creditor a fresh period under section 18 of the Limitation Act 1963, and a written promise to pay a time-barred debt can itself be enforced. Think before you write.
How we handle banking and insurance matters
Advocate B.K. Singh usually starts with the loan account statement, not the notice. The statement shows when the account actually slipped, how penal interest was applied, and whether the figure in the 13(2) notice is right. Many defences come from that one document. He appears before the Debts Recovery Tribunals and the DRAT in Delhi, the consumer commissions including the NCDRC, and the Delhi High Court where a writ is needed.
Advocate Sadhna Singh is usually your first contact. She goes through the papers, drafts objections, grievance letters and consumer complaints, and keeps track of every date. Where a matter needs to be filed outside Delhi NCR, we work with associate counsel in that city. You can read more about Advocate B.K. Singh or browse our other areas of practice.
Fees are discussed at the first meeting and agreed in writing, stage by stage: a reply to a notice, a section 17 application, an appeal, a consumer complaint. Court fees, pre-deposits and other out-of-pocket costs are separate. We do not quote fees on the website.
What to do this week
- Find the date on the latest notice and count the days left: 60 days for a 13(2) notice, 45 days for a section 17 application, two years for a consumer complaint.
- Ask the bank in writing for a complete loan account statement and copies of the documents you signed.
- Do not sign a fresh acknowledgement of debt, a revised guarantor deed or a settlement letter without reading the default clause.
- For fraud, report to the bank and to 1930 today, then file on cybercrime.gov.in.
- For a rejected claim, ask for the surveyor or investigator's report and the proposal form.
- Keep every envelope, speed post receipt and email. Dates of service decide limitation.
- Send us the papers through the online enquiry form or WhatsApp, with the date of the latest notice in the first line.
Frequently asked questions
How many days do I get to reply to a SARFAESI section 13(2) notice?
The notice gives 60 days from receipt to pay the amount demanded. Within that period you can send a written objection under section 13(3A), and the bank must reply within 15 days with reasons if it rejects it. Do not wait until day 59; a well-drafted objection takes time.
Can a bank auction my house without a court order?
Yes, under the SARFAESI Act a bank can take possession and sell secured property without a court decree, provided it follows the Act and the 2002 Rules. The borrower can challenge any step before the Debts Recovery Tribunal under section 17 within 45 days of that step.
What is the minimum amount for a DRT case?
Banks and financial institutions can file an Original Application before the Debts Recovery Tribunal for debts of ₹20 lakh and above. Smaller claims go to civil courts, commercial courts, arbitration or Lok Adalat, depending on the loan agreement and the amount.
Does SARFAESI apply to agricultural land?
No. Section 31 of the SARFAESI Act excludes agricultural land, so a bank cannot enforce security over it under that Act. It also does not apply where the amount due is less than ₹1 lakh. The bank would have to use other remedies, such as a suit.
Can I stop the bank's auction if I pay the full amount?
You can redeem the property by paying the full dues with costs, but after the 2016 amendment to section 13(8) that right generally ends once the notice of public auction is published. Pay before that point, or seek a stay from the DRT with good grounds.
Is a guarantor liable if the borrower has assets?
Generally yes. A guarantor's liability is co-extensive with the borrower's, so the bank can proceed against the guarantor without first exhausting remedies against the borrower. Defences exist where the loan terms were changed or security was released without the guarantor's consent.
What can I do if recovery agents threaten me?
Complain in writing to the bank's grievance officer, keeping call logs and messages as proof. If the bank does not act, file with the RBI Ombudsman. Threats of harm can be reported to the police as criminal intimidation under section 351 of the Bharatiya Nyaya Sanhita.
How do I file a complaint with the RBI Banking Ombudsman?
First complain to the bank in writing. If it rejects the complaint or does not reply within 30 days, file online on the RBI's complaint management system under the Integrated Ombudsman Scheme 2026. There is no fee and no lawyer is required.
Will the bank refund money lost in an online fraud?
If you did not share your OTP or PIN and you report within three working days, RBI directions generally put zero liability on you. Report to the bank, call 1930 and file on cybercrime.gov.in the same day. If the bank refuses, go to the Ombudsman or a consumer commission.
Why is my whole bank account frozen when only a small amount is disputed?
Police in online fraud cases often ask banks to freeze the entire account rather than the disputed sum. You can apply to the investigating officer, and then to the magistrate or High Court, asking that the freeze be limited to the amount actually in question.
Does a one-time settlement affect my CIBIL score?
Yes. An account closed by settlement is usually reported as 'settled', which lenders read less favourably than 'closed'. Ask the bank to state in the sanction letter how it will report the account, and check your credit report a few months after the final payment.
Can I take the bank to consumer court?
Yes. Banking is a service under the Consumer Protection Act 2019, so deficiency in service, such as wrong debits or refusal to return title deeds, can go to a consumer commission within two years. Disputes about recovery of a loan itself usually belong before the DRT or civil court.
What is the time limit for an insurance claim complaint in consumer court?
Two years from the date the cause of action arose, usually the date of final rejection, under section 69 of the Consumer Protection Act 2019. The commission can condone delay for sufficient cause, but do not rely on that.
Is the Insurance Ombudsman's award binding?
The award binds the insurer once you accept it. If you are not satisfied, you are not bound and can approach a consumer commission or civil court instead. The Ombudsman route is free and does not need a lawyer.
Can an insurer reject a life insurance claim after many years?
Not on any ground once three years have passed from the date of the policy, revival or rider, under section 45 of the Insurance Act 1938. Within those three years it can repudiate on proven fraud or material non-disclosure, giving reasons in writing.
Can my health insurer reject a claim for a disease I did not know I had?
Non-disclosure applies to facts you knew or should reasonably have known. If you were never diagnosed or treated, a rejection on that ground is often challengeable. The hospital notes and your treating doctor's opinion usually decide such cases.
Does IRDAI decide insurance claim disputes?
No. IRDAI regulates insurers and records grievances through its Bima Bharosa portal, but it does not adjudicate individual claims. For a binding decision, go to the Insurance Ombudsman, a consumer commission or a civil court.
Can a bank take my salary account money for an overdue loan?
Banks sometimes exercise a right of set-off or lien over deposits under the account terms. Whether it was lawful depends on the agreement, whether the debt was due, and the nature of the account. Write to the bank asking for the authority it relied on.
Can I file a SARFAESI case in the High Court instead of the DRT?
Usually not. The Supreme Court has repeatedly held that a section 17 application before the DRT is the remedy against SARFAESI measures, and writ petitions are entertained only in exceptional cases, such as a lender that is a state body acting wholly without jurisdiction.
Do I need a lawyer for a bank or insurance dispute?
Not for a grievance letter or an Ombudsman complaint. For a section 17 application, a DRT defence, a DRAT appeal or a large consumer claim, legal drafting matters because the first pleading fixes your case. You can send us the papers first for an initial view.