1 reviews | Active since Sept 2022
WHY IS THERE A OMBUDSMAN POOR SERVICE.
I put in a claim at my insurance company for a sinkhole that fall in in my drive way a year back. small overview is that the driveway is a solid concrete slab with that prints on. December 2021 it was raining a lot in Pretoria where my drive way dropped in, we send it to the insurance company and they send out a engineer and pay him more than R30k to come and do a review on the hole.
The insurance company send a letter back and said 2 people on the panel said pay the client out and 2 said dont pay out then they send it to somebody else that was not even on site but he decline it to by SAYING THERE WERE NO MAINTANACE DONE ON THE CONCRETE SLAB, how do you do maintenance on a concrete slab.
We send everything to the OMBUDSMAN and we waited for answers for a long time where they come back and also said they decline it we send some more pictures and weather reports showing the amount of rain falling in that period. we struggled to get answers from them we even went to the managers to get answers and then in a days time they let us know they closed the case.
i don't know why there is a OMBUDSMAN if their cant do the job or even send somebody to have a look in to the case .
I have had a look at your matter and note the following:
- There was indeed an unexplained delay in the matter. We apologize for any inconvenience caused by this lapse of service. Relevant remedial action will be taken. The matter was still concluded within 6 months though.
- As claimant and complainant you bear the onus of proving on a balance of probabilities that your claim / complaint is valid, failing which no finding can be made in your favour. On your own version herein, there was conflicting evidence regarding the nature and cause of the loss or damage. Therefore no decision could be taken in your favour.
- Furthermore, it must be noted that our office does not have the jurisdiction or power to decide on material disputes of facts. Your matter would involve such a dispute, which means it must be pursued in court.
- Our records do however reflect that the matter was decided on the basis that you failed to prove that the loss or damage was caused by any insured peril, and that it did not fall under a policy exclusion.
- In May 2022 you indicated you were seeking legal assistance and required more time. To date we have not received any further information or submissions. We cannot keep files open indefinitely, and it is therefore understandable that the file would be closed. You were still advised that you could still provide your representation in our e-mail of 13 May 2022.
- Please note that as reasonable time has now lapsed and we have not received any further correspondence, time bar and prescription periods may apply, meaning that you may possibly not be in a position to pursue the matter any further even if you so wished. please refer in this regard to our previous correspondence of 13 May and of 22 April 2022 (the last two paragraphs).
The status of the matter remains what it was as per our last correspondence to you.
Please note also that this platform is not where we conduct the business of dispute resolution and that further correspondence should be sent to our office instead.
Yours faithfully
Peter Nkhuna
Senior Assistant Ombudsman
I have had a look at your matter and note the following:
- There was indeed an unexplained delay in the matter. We apologize for any inconvenience caused by this lapse of service. Relevant remedial action will be taken. The matter was still concluded within 6 months though.
- As claimant and complainant you bear the onus of proving on a balance of probabilities that your claim / complaint is valid, failing which no finding can be made in your favour. On your own version herein, there was conflicting evidence regarding the nature and cause of the loss or damage. Therefore no decision could be taken in your favour.
- Furthermore, it must be noted that our office does not have the jurisdiction or power to decide on material disputes of facts. Your matter would involve such a dispute, which means it must be pursued in court.
- Our records do however reflect that the matter was decided on the basis that you failed to prove that the loss or damage was caused by any insured peril, and that it did not fall under a policy exclusion.
- In May 2022 you indicated you were seeking legal assistance and required more time. To date we have not received any further information or submissions. We cannot keep files open indefinitely, and it is therefore understandable that the file would be closed. You were still advised that you could still provide your representation in our e-mail of 13 May 2022.
- Please note that as reasonable time has now lapsed and we have not received any further correspondence, time bar and prescription periods may apply, meaning that you may possibly not be in a position to pursue the matter any further even if you so wished. please refer in this regard to our previous correspondence of 13 May and of 22 April 2022 (the last two paragraphs).
The status of the matter remains what it was as per our last correspondence to you.
Please note also that this platform is not where we conduct the business of dispute resolution and that further correspondence should be sent to our office instead.
Yours faithfully
Peter Nkhuna
Senior Assistant Ombudsman
