By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get the repair charge of the damaged vehicle and to pay cost and compensation due to the unfair trade practice and deficiency of service.
2. Brief of the complaint:- The complainant purchased Hyundai Santro Xing GLS car bearing No. KL 57 B 5445 from one Arjun Mintu, Olakkal House, Kozhikode on 09.12.2014 and on the same day itself from his RTO all the formalities complied and on 16.12.2014 the complainant received the R.C of the vehicle in his name from Joint Regional Transport Office, Sulthan Bathery. The vehicle was insured with opposite parties as Policy No.OG15-1603-1801-00002671 by Ex R.C owner for the period from 27.11.2014 to 26.11.2015. While so on 16.12.2014 the said vehicle met with an accident with KL 57 A 7909 Alto Lxi car from near Meppady and serious injuries caused to the vehicle. This incident was reported to opposite party with a claim form and the claim was registered as OC15-16.02-1801-00003722 and as per the direction of the opposite parties, one Surveryor named Ajeesh came and inspected the vehicle on 18.12.2014 and all the documents photocopy ie Registration Certificate, Insurance Certificate, Driving License are handed over to the Surveyor.
3. But the opposite parties send a letter to the complainant to produce all the documents on 20.12.2014. Since already all document were handed over to the Surveyor and since it will take much time to process, the complainant remitted the full amount of repair ie Rs.32,269/- to the work shop and took the vehicle. More over the complainant paid Rs.5,750/- towards the Towing charge from the accident spot to the workshop and also paid Rs.5,000/- to one Sethumadhavan, who is the owner of the collided vehicle. So the total amount spend by the complainant for the said accident is Rs.43,019/-. Thereafter on 29.12.2014, the complainant filed application before opposite party No.2 to transfer the Insurance Certificate from the name of Ex owner to the complainant but the opposite party No.2 demanded to pay Rs.3,500/- to transfer the ownership. Since no alternate way the complainant forced to pay Rs.3,500/- before the opposite party No.2 and even after the payment of Rs.3,500/- also the opposite parties delayed and harassed the complainant till 28.02.2015 for transfer the policy in to complainant's name. So on 28.02.2015 the complainant got the transferred insurance certificate in to his name. The said policy also bearing the same number and same period as per the old policy. Meanwhile again the complainant send all the documents with a covering letter to the opposite party No.1 on 28.01.2015. But utter dismay the complainant received a repudiation letter on 18.02.2015 stating that “at the time of accident the contract of insurance is with the previous owner only hence we do not have any insurance contract with your good self. Please refer our letter dated 22.12.2014, 29.12.2014 and your reply dated 28.01.2015. In view of the above you have failed to provide a satisfactory reply hence we are not in a position to consider your claim and stands repudiated”. Complainant further stated that if a vehicle is transferred from one owner to other owner the period allotted to transfer the Insurance Certificate is 15 days. Before elapsing that time for the accidental vehicle, repudiating the claim is a clear case of deficiency of service and unfair trade practice from the side of opposite parties. More over for transferring the Insurance certificate to the new owner charging Rs.3,500/- is also unfair trade practice. Hence prayed before the Forum to direct the opposite parties to pay Rs.43,019/-, which is incurred for the repair and also direct to pay Rs.1,00,000/- as compensation and to pay Rs.25,000/- as cost of the proceedings.
4. Notices were served to opposite parties and opposite parties entered in appearance on 30.07.2015 and sought time for filing version. Hence the opposite parties were directed to serve copy of version if any to the complainant within 20.08.2015 and complainant also directed to file proof affidavit of complainant if the version copy received or not. On next hearing date 24.08.2015 also the opposite parties are not ready with version and also not complied the Order of the Forum dated 30.07.2015. Hence all opposite parties set ex-parte on 24.08.2015.
5. On perusal of complaint and document the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service and unfair trade practice from the
part of opposite parties?
2. Relief and cost.
6. Point No.1:- Complainant filed proof affidavit of complainant and he is examined as PW1 and Ext.A1 to A13 documents were also marked. Ext.A1 is the copy of Registration Certificate, it is verified with original, wherein it is seen that the RC is transferred to the complainant's name with effect from 09.12.2014. Herein the complainant purchased the vehicle from the ex owner on 09.12.2014 and at the same day itself the formalities for transfer the vehicle took place in the seller Regional Transport Office and the RC is transferred in the name of present owner/complainant on 16.12.2014 from Sulthan Bathery Joint Regional Transport office. The above vehicle met with an accident on 16.12.2014, the valid insurance coverage was ineffect for the period 27.11.2014 to 26.11.2015. The matter was suddenly reported to opposite party and the Surveyor came to the spot and inspected the vehicle and collected all the photocopies of documents from the complainant and no further steps were taken and denied the claim. With no alternative the complainant paid the entire repair bill to the workshop. Thereafter also on request of opposite party the complainant submitted all the sufficient documents to the opposite party No.1 with a registered cover letter on 28.01.2015. Thereafter also opposite parties have repudiated the claim vide letter Ext.A8.
7. Since there was a time limit of 15 days for transferring the Insurance certificate in to the new owner's name after changing the R.C in to new owner's name and also the verdict of the Supreme Court to the effect that the insurance go with the vehicle, the act of the opposite parties are clearly an unfair trade practice from the side of them. The Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to pay the claim amount and to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally liable to pay the claim amount of Rs.43,019/- (Rupees Forty Three Thousand and Nineteen) and to refund Rs.3,500/- (Rupees Three Thousand and Five Hundred) which is collected to transfer the ownership of Insurance Certificate and to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the proceedings to the complainant. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for an interest at the rate of 12% per annum for the whole amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 25th day of August 2015.
Date of Filing:08.07.2015
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Anoop George (Affidavit) Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Registration Certificate.
A2. Copy of Insurance Policy Schedule.
A3. Copy of Motor Insurance Claim Form.
A4. Copy of Certificate. Dt:17.12.2014.
A5(1). Postal Receipt.
A5(2). Copy of letter. Dt:28.01.2015.
A6. Reply letter. Dt:20.12.2014.
A7. Copy of Reply letter. Dt:20.12.2014.
A8. Letter. Dt:18.02.2015.
A9. Copy of Driving License.
A10. Repair Order.
A11. Invoice. Dt:27.12.2014.
A12. Receipt. Dt:17.12.2014.
A13. Copy of Private Car Package Policy Schedule.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
