PER SMT. GAURI  M. KAPSE, HON’BLE MEMBER

1. This is an action under Section 35(1)(a) of Consumer Protection Act 2019, the briefly stated case is as follows:
2. The Complainant, Caravan Freight Carrier Private Limited, purchased a pre-owned vehicle bearing no.MH-04-EY-4192 from an auction conducted by Opponent No.2 i.e. Shriram Automall India Limited on 22/01/2019 under buyer agreement for the consideration of Rs.3,80,000/-. The previous owner, Mr. Shriprakash D. Tiwari, had defaulted on loan payments, leading to confiscation by the finance company. Despite paying the purchase price to the Opponent no.2 and insurance premium amount of Rs.32,891/- for the policy bearing no. OG-20-1907-1803-00001002 to the Opponent no.1, the Complainant couldn't transfer ownership due to Mr. Tiwari's non-cooperation and non-submission of original RC book and documents.
3. On September 22/23, 2019, around 5:30 pm, the vehicle met with an accident on NH-4 Highway at Gandhinagar, Belagavi, Karnataka. The accident caused the vehicle to catch fire and become completely incinerated before the fire department arrived. A First Information Report (FIR) was filed by the driver at the local police station.
4. The claim was lodged by the Complainant for the loss occurred. The Opponent No.1/Insurance Company rejected the Complainant's claim for the destroyed vehicle, citing reasons that, at the time of accident, we do not have any insurance contract with your goodself.  Hence, the Complainant sent legal notice to the Opponent No.1 which was never replied.
5. Thus, the Complainant has been constrained to file the present complaint with following prayers:
   1. To pay an amount of Rs.5,40,000/- towards the principal claim amount and original insurance,
   2. To pay Rs.1,14,000/- towards mental agony, towing charges, parking charges, litigation costs,
6. The Complainant has placed reliance on true copies of following documents
   1. Buyer undertaking dated 28/01/2019;
   2. Fitness certificate and relevant documents of the subject vehicle;
   3. Bank statement reflecting the premium paid by the Complainant;
   4. FIR and fire certificate of the Karnataka;
   5. Claim letter, policy, premium receipt;
   6. Letters of the Opponent No.1,
   7. Legal notice
7. The Opponent No.1 has filed written version wherein it has denied all the allegations leveled in the complaint; the following are the main defenses:
   1. The Complainant (Caravan Freight Carriers Pvt. Ltd.) has no connection to the Insurance Policy, which remains in the name of Mr. Shriprakash D. Tiwari.
   2. No intimation of vehicle transfer was given to the Insurance Company by either the Insured or the Complainant.
   3. The Complainant failed to provide proof of purchase or transfer of ownership.
   4. The Insurance Policy was renewed in the Insured's name without any change in ownership notification.
   5. GR-17 (Transfer of Ownership) regulations were not followed.
   6. Lack of privity of contract between the Complainant and the Insurance Company.
   7. Hence, prayed for the dismissal of the complaint.
8. The Opponent No.2 has appeared in the matter, but failed to file written version within prescribed period. Hence, matter was proceeded without written statement of Opponent No.2.
9. The Opponent No.3 was deleted from the complaint as per the order dated 10/03/2022.
10. Both the parties filed affidavit of evidence with their written argument. Heard oral argument of the Complainant.
11. Thus, on the contentions of all Complainant, following points arise for our determination on which we record findings with the reasons given below:

REASONS FOR FINDINGS

Point No.1 & 2 :

12.  Considering the oral and documentary evidence of the parties, following are the admitted facts:
    1.  the Complainant has purchased the subject vehicle from the Opponent no.2 under buyer agreement in auction dated 22/01/2019 ‘as is where is basis which is eloquent from the said agreement.
    2. The Complainant has paid the insurance premium of Rs.32,899/- on 23/04/2019 which is eloquent from his bank statement, but said premium receipt is in the name of original owner.
    3. The subject vehicle is still registered under the name of original owner i.e. Mr. Shriprakash Tiwari vide policy no. OG-20-1907-1803-00001002 for the period 21/08/2019 to 20/08/2020.
    4. On 22/23 September 2019, around 5:30 pm, the vehicle met with an accident of fire on NH-4 Highway at Gandhinagar, Belagavi, Karnataka. Hence, the Complainant filed the claim with the Opponent No.1 which was repudiated on the ground that ‘at the time of accident, we do not have any insurance contract with your goodself ’.
13.  Thus, from the above admitted facts coupled with the evidence there is no documentary evidence produced by the Complainant as to transfer of ownership of the said vehicle. There is settled position of law that ownership of vehicle is transferred during currency of insurance policy, transferee is required to move an application to get insurance certificate and policy transferred in his name and when no such application was moved and the insurance stood in the name of original consumer, the petitioner cannot claim from the insurer. Merely meeting with an accident doesn't exempt compliance. The Complainant cannot claim that he was not required to comply with requirement of Section 157 (2) of the Motor Vehicles Act and GR-17 and, that the claim was rightly repudiated.  Now, Section 157 requires transferee to apply within 14 days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of the insurance and the policy prescribed in the certificate in his favour and that the insurer shall make necessary changes in them.
14. Secondly, the Complainant and the original owner are silent as to the show cause notice sent by the Opponent No.1.  No documentary evidence produced or what efforts were taken by the Complainant as to transfer of ownership. The Complainant found negligent in the vehicle transferred in its name. Hence, there is no privity of contract between the parties about insurance. Thus, the present complaint found to be devoid of any merits and unsustainable in law. Consequently, we answered our findings accordingly and pass the following order.

ORDER

1. Consumer Complaint No.CC/56/2020 stands dismissed.
2. No order as to costs.
3. Copies of this order be sent to the parties free of costs.