Business Eye FinLegal Shishir Saxena
B. Com, MBA, MDIA, DCS, O Level, LL.B.
Advocates and Consultants
Reference: Legal/Insurance/Notice/HDFC-ERGO-01 Date: Saturday, September 6, 2025
LEGAL NOTICE
REGD.A.D.
To,
The Manager
HDFC ERGO General Insurance Company Limited
D 301, 3rd Floor, Eastern Business District (Magnet Mall),
LBS Marg, Bhandup (West), Mumbai - 400 078.
Subject: Legal Notice for Insurance Claim – Policy No. 2302205703371201000
Reference: Rejection of Motor Insurance Claim No.: C230025093038
Dear Sir/Madam,
Under instructions and on behalf of my client “Ms. Shristi Samson” resident of No #310, Block B1-
B2, Shiv Aangan, Salaiya Bhopal., Madhya Pradesh,482001 (Previous Address- R/O C/09 MPEB
Colony Near Baliball Ground, Rampur„ Jabalpur, Madhya Pradesh,482001), I hereby serve upon your
company the notice for the subject mentioned supra on the conditions mentioned in the succeeding
paragraphs
I. That your company has unduly denied the entire legitimate insurance claim my client despite of
her fulfilling all the requisite conditions and submission of all necessary documents under policy
issued by your company prima facie without conducting proper investigation of the claim as the
claim was almost equivalent to the risk cover of the policy which is against business principles.
II. That you further accused my client for mis representation of facts and fraudulent claim which is
not only unacceptable to my client but it also denotes the company intention to decline the claim
of a policy holder who has 50% NCB signifying her claimless track record this particular act of
yours had forced my client to serve upon you this notice to safeguard her reputation and seek
remedy and relief from your company for she has been paying the premium for so may years.
A. Factual Background
a. Details of the Insurance Policy and Claim:
POLICY DETAILS CLAIM DETAILS
Policy No. 2302205703371201000 Claim No. C230025093038
Period of 27/09/2024 TO Date of Loss 12/06/2025
Vehicle Reg. No. MP-09-CK-4186 Loss Reporting 18/06/2025
Vehicle Make HYUNDAI Nature of Loss Damage Due to
reported External Means by
Vehicle Model I10 Date of 19/06/2025
Claim Amount 84000
Surveyor Name NIRPAT SINGH
b. That On 12/06/2025, while traveling to Sagar to Nagpur at night my client hit a trailer/dumper
truck which got urgently slowed down on a speed breaker without any break light indicators
due to which the car hit the trailer from behind. The accident would have caused loss of life or
limb however my client’s promptness and driving ability avoided the inevitable. As my client
was passing through the city at night on urgent unavoidable work and was not having any
acquaintance in the city my client took a better judgement to pass the night before taking the
F-21 First Floor Hare Krishna Market 10 No. Arera Colony Bhopal (M.P) 462016
Email: businesseyefinlegal@gmail.com Phone: 9039080078
Business Eye FinLegal Shishir Saxena
B. Com, MBA, MDIA, DCS, O Level, LL.B.
Advocates and Consultants
next step of intimating the company about the accident. As stated earlier since there was no
loss of life or limb my client did not file a police complaint in this matter.
c. Subsequently, my client found the cashless garage empanelled with your company under
you’re the name “Harshali Hyundai” located at Jabalpur Road, Baheriya, Sagar, Madhya
Pradesh 470004 and with extreme caution and peril drove her car to the garage and after the
brief assessment of the representative of the garage based on their estimation the staff
submitted a claim on behalf of my client on 18/06/2025 along with all supporting documents,
including registration, licence, KYC documents, Photographs of the damage, estimate of claim
and other relevant documents as stipulated for the claim.
d. That as my client is not conversed with the claim process and its documentation she chose the
cashless garage and trusted the staff to make the claim on her behalf therefore she was not
aware of the what shall be covered in the claim, her only intention was to make the car road
worthy again and since she had insured her risk in this regard with your esteem company she
chose the local cashless garage for a speedier and trustworthy claim process.
e. That when your surveyor NIRPAT SINGH whose capability is questioned by my client, visited
for assessing the damage due to his possible vested interest and probably with the collusion
and connivance with the staff of your cashless garage declined claim under the pretext that as
per his observation “the damages front bumper , hood, grill, rh head light , lh head
light ,radiator condenser , fan , shaft assembly drive , claimed in the alleged accident are
unrelated to the cause of accident as reported in the claim form.” which is totally unacceptable
by my client and is considered a false accusation and pre-defined intention of declining the
claim.
f. That it is not understandable but also amusing as to how the surveyor made an observation
that the damages caused to the grill, both front head lights ,radiator condenser , fan , shaft
assembly drive was not due the accident but was due to regular usage because if the ,radiator
condenser , fan , shaft assembly drive is damaged then how can a person drive the vehicle on
regular basis, without causing harm to self or others and also with such damages will the car
would be road worthy.
g. However, my client agrees that since her car was to be repaired in authorised service centre of
the company with cashless facility, she also insisted to get the external damages to paint etc
repaired due to continual usage along with the damage caused due to the accident which does
not indicate malefice intention as claimed by your letter of Rejection of Motor Insurance Claim
referenced above which this notice challenges.
h. That please note that it is normal for policy holders to get minor repairs done along with the major
damages repaired when and wherever the car goes to the garage which is normal when a car goes
for major repairs.
i. That please not that my client has a no claim Bonus of 50% with your company which is a
clear indicator of my client’s not only of her accident free driving habit but also of her not
claiming damages from insurance company therefore your letter of rejection claiming
misrepresentation of facts, material to the claim and accuse my client of making false or
fraudulent statement or suppression or any suppression concealment denotes the malefice
intention of your company in declining my clients honorable claim which is not acceptable to
my client.
j. That despite numerous follow-ups through phone calls, emails, and personal visits to your
office, my client has not received any positive response for the resolution of her claim.
B. Legal Grounds
a. The delay and denial of the claim constitute a breach of contract and are contrary to the terms
and conditions stipulated in the policy document. Moreover, this conduct amounts to
deficiency in service as defined under the Consumer Protection Act, 2019. Your company's
F-21 First Floor Hare Krishna Market 10 No. Arera Colony Bhopal (M.P) 462016
Email: businesseyefinlegal@gmail.com Phone: 9039080078
Business Eye FinLegal Shishir Saxena
B. Com, MBA, MDIA, DCS, O Level, LL.B.
Advocates and Consultants
failure to settle my legitimate claim has caused my client immense mental agony, financial
hardship, and distress.
b. Therefore, my client reserves her right to not only plead her case in consumer court but as well
as before Insurance Ombudsman along with if required, claiming damages for client immense
mental agony, financial hardship, distress and loss of reputation under appropriate law before
suitable court.
C. Relief Sought
Through this legal notice, my client hereby demands the following:
a. Immediate settlement of the insurance claim amounting to 84,000 Rupees along with
applicable interest for the delay.
b. Compensation for mental agony and financial distress caused due to the undue delay and
deficiency in service.
c. Reimbursement of all incidental expenses incurred in pursuing this claim.
D. Notice Period
You are hereby requested to comply with the above demands within 15 days of receipt of this
notice. Failure to do so will compel to initiate appropriate legal proceedings against your company
in the competent court/forum for redressal of my grievances, including filing a consumer
complaint for deficiency in service and seeking damages, at your risk and cost.
Please consider this notice with utmost seriousness and resolve the matter at the earliest to avoid
further legal complications.
A copy of this Notice has been preserved in my office for record and future course of action.
Yours sincerely,
Unfeigned Regards
Shishir Saxena
Advocate and Consultant
Enclosures:
i. Copy of Insurance Policy
ii. Copies of Correspondence with Insurance Company
iii. Copies of Submitted Documents for Claim
iv. Photographs of damage
v. Any Other Relevant Documents
F-21 First Floor Hare Krishna Market 10 No. Arera Colony Bhopal (M.P) 462016
Email: businesseyefinlegal@gmail.com Phone: 9039080078
