DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

                                                                    SMT. B. DURGA KUMARI, B.A., B.L.,

                                                                    SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER

Friday, 9th January 2008

CONSUMER COMPLAINT No.  103 / 2008

Ganganapalli Nagarajuna, S/o Chinnaiah,

aged 30 years, Resident of D.No. 14/121, Sastrinagar,

Bedvel, Kadapa – 516 227                                                          ….. Complainant.

Vs.

1)  Bajaj Allianz, Bajaj Allianz Insurance Co. Ltd., Rep. by its

     Manager, Far East Plaza, II Floor, 3-6-111/8, Street # 18,

     Main road, Himayatnagar, Hyderabad – 500 029.

2)  Bajaj Allianz Insurance Co. Ltd., Rep. by its

     Branch Manager, 1st floor, SBAK Complex,

     Old Punjabnational Bank, Madras Road, Kadapa.

3)  Bajaj Allianz General Insurance Co. Ltd., Rep. by its

     General Manager, Regd. & Head office GE Plaza, Airport Road,

     Yerwada, Pune – 411 006.                                                    ….. Respondents. 

This complaint coming on this day for final hearing on 07-01-2009 in the presence of Sri K. Guru Murthy, Advocate for complainant and Sri D. Rajasekhar Reddy, Advocate for R1 & R3 and R2 is called absent and set exparte and upon perusing the material papers on record, the Forum made the following:-
O R D E R

(Per Sri P.V. Nageswara Rao, President),

1.                Complaint filed under section 12 of the Consumer Protection Act 1986.

2.                The brief facts of the complaint is as follows:-  The complainant was the owner of Scorpio bearing No. AP 28 AM : 9787 purchased from its previous owner namely R. Suryakantha Rao of Khammam for Rs. 6,10,000/- and got transferred on 12-2-2007.  The vehicle was insured with the respondents company with policy bearing No. 0G061804/1801/00007268 with validity period from 21-3-2006 to  20-3-2007.  The RTO office issued form No. 24 after 10 days of registration of change of name in the registration certificate.  The complainant requested the respondents at Kadapa to effect the change of the name in the policy.  The Branch Manager informed that it would be done by Pune office of the company.  The complainant submitted all the documents at Kadapa office.  On 11-3-2007 the complainant and his family members were coming from Hyderabad to Badvel.  The vehicle was stopped due to traffic jam behind one lorry at Pebberu road on the National High way.  One Kaleswari bus service bearing No. AP 28 AM 9787 came from behind in a rash and negligent manner and hit the complainant’s vehicle causing damage to the front portion because the Scorpio of the complainant hit the lorry in front of it.  On account of it the front portion and back portion of the Scorpio was damaged badly.  It was damaged to an extent of loss of Rs. 1,00,000/-.  The Pebberu police prepared panchanama dt. 12-3-2007 at 9.00 a.m disclosing damage to head lights, A.C, Radiator, Bonnet, Radiator fan, belt, backside door, glass, back bumper and other parts of the vehicle. 

3.                It was informed to the respondents company.  It sent an investigator by name E. Mukunda, who inspected and took photographs of the damaged vehicle at the spot.  The vehicle was brought to the service center of the company at Kunrool.  The service center namely “Automotive Manufacturers Pvt. Ltd”., at Kurnool estimated the loss of damage of Rs. 1,16,894/- and conducted the repairs and replaced the parts worth of Rs. 80,244/-.  The complainant also incurred expenditure of Rs. 20,000/-.  On 14-4-2007 the complainant sent a letter to the respondents to settle the claim.  The R1 sent a reply that they were not liable.  The insurance policy would follow the registration certificate of the vehicle bearing No. AP 28 AM : 9787.  The policy was in force at the time of accident.  The cost of the vehicle included the cost of the policy.  He was the owner of both vehicle and the policy.  The company was liable as the premium was paid to cover the risk of own damage of the vehicle due to accident.  The terms and conditions of the policy were not violated.  Therefore, there was deficiency of service on the part of the respondents and the respondents were liable to pay Rs. 1,00,000/- towards cost of the repairs and replacement of the parts and Rs. 25,000/- towards mental agony and Rs. 2,000/- towards costs of the complaint. 

4.                The R2 was called absent and set exparte.  

5.                The R1 and R3 filed counter denying the complaint.  The respondent company issued a policy bearing No. 0G-06-1804-1801-00007268 with validity period from 21-3-2006 to 20-3-2007 in favour of one R. Suryakantha Rao of Khammam to Scorpio vehicle bearing No. AP 28 AM : 9787. There was no contract of insurance in between the complainant and the company because the policy was not in his name.  The complainant had never intimated the transfer of the vehicle in his name to the company as per GR 17 of the Indian Motor Tariff  within 14 days from the date of transfer of the ownership and an application had to be submitted to get insurance policy.  There was no privity of contract in between the complainant and company.  Therefore, the complainant was not a consumer under the provisions of C.P. Act.  But in case the Hon’ble Forum may decide that the company was liable it should be as per the assessment of the IRDA surveyor.  Hence, the complaint may be dismissed with costs. 

6.                On the basis of the above pleadings the following points are settled for determination. 

i.                   Whether there is any deficiency of service on the part of the respondents?

ii.                 Whether the complainant is entitled to the relief as prayed for?

iii.              To what relief?

7.                On behalf of the complainant Ex. A1 to A9 were marked and on behalf of the respondents Ex. B1 was marked.  R1 and R3 filed written arguments also.

8.                Point No. 1 & 2  There is no dispute that the respondents company issued a policy in favour of one Sri R. Surya Kantha Rao of Khammam under policy No. 0G-06-1804-1801-00007268 to one Scorpio vehicle manufactured in 2005 bearing registration No. AP 28 AM 9787 for the period from 21-3-2006 to 20-3-2007 and the same was insured for Rs. 5,00,000/-.  Ex. A1 was Xerox copy of policy.  It was purchased by the complainant and the same was informed by way of letter dt.                 14-3-2007 along with Xerox copy of registration certificate, Xerox copy of form No. 24 and Xerox copy of panchanama to settle the claim,  Because on 11-3-2007 while the complainant and his family were coming from Hyderabad to Baedvel in the same vehicle one Kaleswari Bus service came behind the Scorpio of the complainant in a rash and negligent manner and hit it and on account of it the front portion of the Scorpio hit the lorry in front of it causing damage to the Scorpio both front side and back side.    The loss of the damage was about Rs. 1,00,000/-.  The accident occurred near Pebberu on the National High Way and pebberu police station prepared panachanama on 12-3-2007.  The Xerox copy of the letter was Ex. A2.  The R1 repudiated the claim by way of letter dt. 4-4-2007 that the policy was in the name of Sri R. Suryakantha Rao and the registration of the vehicle was in the name of the complainant.  The Xerox copy of the repudiation letter was Ex. A3.  The complainant got repaired the vehicle at Automotive Manufacturers Pvt. Ltd., Kurnool who issued quotation for repairs.  The Xerox copy of quotation was Ex. A4 for Rs. 1,16,894/-.  Ex. A5 was Xerox copy of bill for conducting the repairs by “Automotive Manufacturers Pvt. Ltd., Kurnool for Rs. 79,144/-.  Ex. A6 was Xerox copy of panchaanma conducted by Pebberu police on 12-3-2007.  Ex. A7 was Xerox copy of registration certificate in form 24B transfer of registration in the name of the complainant on 12-2-2007 from R. Surayakantha Rao of Khammam, who got registration on 24-3-2005.  Ex. A8 was Xerox copy of registration certificate of R. Suryakantha Rao and Ex. A9 was Xerox copy of Registration of the complainant. 

9.                The respondents filed Ex. B1a Xerox copy of policy in the name of Sri           R. Suryakantha Rao with terms and conditions as private car package policy.  The transfer of registration of the vehicle by the competent Regional Transport Authority was sufficient to claim the compensation.  The policy may be transferred at any time.  In the present case the registration certificate was transferred on 12-2-2007 and the additional registering authority, kadapa signed on it and the complaint filed both the registration certificates of himself and the previous owner under Ex. A8 and Ex. A9.  The insurance company would issue the policy at a later time of their convenience.  Then the claimant after the damage of the vehicle would become a silent spectator.  It was not a ground to repudiate the claim.  The registration of the vehicle and its transfer were the essential factors to decide the claim.  Therefore, there is deficiency of service on the part of the respondents.  Hence, the points are answered accordingly. 

10.              Point No. 3   In the result, the complaint is allowed.  Directing the respondents 1 to 3 jointly and severally liable to pay Rs. 79,144/- (Rupees Seventy Nine Thousand one hundred and forty four only) towards repairing charges without interest and Rs. 10,000/- (Rupees Ten Thousand only) towards mental agony and  Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint to the complainant, within 60 days from the date of receipt of this order. 

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 9th January 2009
 
 

 
MEMBER                                       MEMBER                                    PRESIDENT
APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant    :       NIL                            For Respondent :     NIL

Exhibits marked for Complainant  : -  

Ex. A1         X/c of policy issued by R3 in favour of R. Suryakantha Rao.

Ex. A2         X/c of letter from complainant to R1, dt. 14-3-2007.

Ex. A3         X/c of letter from Bajaj Allianz General Insurance Co. Ltd., to complainant, dt. 4-4-2007.      

Ex. A4         X/c of quotation issued by Automotive Manufacturers Pvt. Ltd., Kurnool.

Ex. A5         X/c of bill for conducting the repairs by “Automotive Manufacturers Pvt. Ltd., Kurnool

Ex. A6         X/c of panchaanma conducted by Pebberu police, dt. 12-3-2007. 

Ex. A7         X/c form No. 24 B-Register of motor vehicle. 

Ex. A8         X/c of certificate of registration of R. Suryakantha Rao.

Ex. A9         X/c of certificate of registration of complainant.  

Exhibits marked for Respondents: -          

Ex. B1         X/c of certificate cum policy schedule copy issued by R3.

MEMBER                                         MEMBER                                   PRESIDENT
Copy to :-

1) Sri K. Guru Murthy, Advocate. 

2) Sri D. Rajasekhar Reddy, Advocate.

3) Bajaj Allianz Insurance Co. Ltd., Rep. by its Branch Manager,

    1st floor, SBAK Complex, Old Punjabnational Bank,

    Madras Road, Kadapa.

         1) Copy was made ready on     :

2) Copy was dispatched on      :

3) Copy of delivered to parties :
 
B.V.P.                                               - - -