For the complainant - In Person.
For the O.P. - Mr. Supratik Basu, Advocate.
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT.
This is an application u/s.12 of the C.P. Act, 1986.
The brief facts of the case are that on 07/10/2015 complainant purchased a Mercedes Benz Car (Model No. C4A 200 Sports with navigation) bearing registration No. WB-02-AH-8008 at a price of Rs.34,32,940/- from O.P. Benchmark Interkrafts and car was delivered in November,2015. There was manufacturing defects in the delivered car and finally the O.P. agreed to replace the defective car with a new car with same model. Complainant was enjoying “No Claim Bonus” to the extent of 65 percent on the insurance premium under the existing insurance policy in respect of original defective car. The O.P. failed to obtain the NCB certificate of 65 percent in due time from Insurance Company for which NCB certificate became time barred. According to revised IRDA Regulations, a maximum of 50 percent NCB can only be availed on a newly obtained insurance policy. The insurance policy of the original purchased car was valid for a period of 45 days on the date of replacement. On account of deliberate gross negligence on the part of the O.P., the complainant suffered loss of Rs.5,00,000/-. The O.P. offered to compensate one time free service worth of Rs.45,000/- which the complainant refused to accept. Hence, the complainant filed the instant consumer complaint with the following prayers:-
- Direct the O.P. to pay Rs.5,00,000/- as compensation.
- Any other order which the complainant is entitled to get as per law.
The O.P. has contested the case by filing written version denying all the material allegations of the complainant. The specific case of the O.P. is that the complainant under full satisfaction and its working condition took delivery of the demised car as replacement and also signed delivery note dated 31/08/2015 to that effect. A new insurance policy was obtained in respect of the new replaced car and the O.P. has no control to obtain NCB from the insurance company. As per insurance law, benefits of a particular car cannot be transferred to another car and it is assessed afresh. The O.P. expressed its inability to accede to transfer of NCB of the previous car to the replaced car and also offered certain benefits / discounts but the complainant refused to accept such offer. The complainant waived his right about NCB vide e-mail dated 24/07/2017. Accordingly, the O.P. has prayed for dismissal of the complaint.
Decision with Reasons
We have perused the pleadings of the parties coupled with evidence and documents on record.
Fact remains that the complainant purchased a Mercedes Benz Car (Model No. CLA-200 Sports with navigation) bearing registration No. WB-02-AH-8008 from the O.P. It is also true that the car was insured with TATA AIG Insurance Company Ltd. and the period of insurance was 04/11/2015 to midnight of 03/11/2016. There is also no dispute that the O.P. replaced a new car in place of demised car to the complainant against delivery note dated 31/08/2015 during subsisting of the existing insurance policy and a new insurance policy was taken from Bajaj Allianz General Insurance Co. Ltd. in respect of the new car.
The grievance of the complainant is that he was enjoying “No Claim Bonus” to the extent of 65 percent on the insurance premium under the existing policy in respect of defective car and requested the O.P. to transfer the said insurance policy in respect of replaced car. The O.P. failed to obtain NCB certificate from the insurance company. As a result, the said NCB certificate become time barred. Thus, the complainant sustained financial loss.
Per contra, the defence of the O.P. is that they have no control to obtain NCB from the insurance company. The complainant should have cancelled the existing policy and applied for reuse of NCB certificate of previous car. According to insurance law, benefits of a particular vehicle number can be transferred by the insured upon obtaining a renewal notice or proof of NCB certificate from the insurer, the dealer has no responsibility in this regard.
We have considered the rival contention. It is true that the complainant vide e-mail dated 03/03/2017 requested the O.P. to transfer his insurance policy in respect of old car to new car and the O.P. vide e-mail dated 13/07/2017 informed the complainant that NCB amount of Rs.36,000/- of previous insurance policy for the Mercedes Benz Car will be adjusted against 1st periodic maintenance service which is costing approximately Rs.45,000/- as intimation of transfer was not submitted within 03 months after expiry period of the policy. Therefore, there is deliberate ignorance on the part of the O.P. for non furnishing information of transfer to the Insurance Company within statutory period of 90 days after expiry period of the policy. In our opinion, the complainant is entitled to get compensation and litigation cost.
In the result, the case succeeds in part.
Hence,
Ordered
That the complaint case be and the same is allowed on contest in part against the O.P. with litigation cost of Rs.5,000/- (Rupees Five Thousand) only.
O.P. Benchmark Interkrafts is directed to pay Rs.50,000/- (Rupees Fifty Thousand) only to the complainant as compensation within 30 days from the date of this order along with litigation cost, in default, the complainant is entitled to put the order in execution according to law.
