CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 15^th  day of July, 2017

PRESENT  : SMT. SHINY.P.R, PRESIDENT                              Date of filing:02/11/2015

                         : SMT.SUMA K.P, MEMBER                

                  : SRI.V.P.ANANTHA NARAYANAN, MEMBER

CC/159/2015

           Bineesh.P.Scaria,                                                        : Complainant

           S/o Scaria Varghese,                               

           Pudusseril veedu,

           Olippara, Kayaradi P.O,

           Palakkad.     

           (Adv.Joy Kanhirathinchalil)                                                                                                    

                                                                           Vs                                                                                    

1. Branch Manager,

Oriental Insurance Company,

Builtech Foundations,

Chittur Road, Palakkad-678 001.

             (Adv.P.Ramachandran)                                             : Opposite Parties

2. Faisal,

S/o.Muhamed, Marayamkunnath,

Kumaranellur Po,

Palakkad 679 552.                                                        :Made as supplemental

                                                                                                respondent No.2 –

                                                                                               amended as per order

                                                                                                dated. 09.06.2016

O R D E R

By Sri.V.P.Anantha Narayanan, Member

          Brief facts of the complaint. 

          The complainant purchased on 14/05/2015 from Faisal KL-52/A-6238 Regn.No.bearing Maruti WagonR Car and was possessing the same.  In order to change the ownership of the car to himself, in Chittur RT Office the complainant remitted fees on 16/05/2014  and produced registration certificate and RC book was changed to the name of the complainant on 28/05/2015.  On 04/06/2015 was received the RC book from RTO.  The previous owner of the car, on the security of the car from the opposite party company took a private car package policy which was valid from 07/05/2015 to 06/05/2016.  Supplemental 2^nd opposite party was included in this case because he was a necessary party in this case as per amendment order dated 09/06/2016.  When on 31/05/2015 relative of the complainant driver, Boban was driving the above car from Trissur to Nenmara at Mannuthi, Kalathode, the car colloid with a motor cycle.  As a result of the collision, serious damages occurred to the car.  Then the car was taken to Popular Workshop, Thrissur and the accident information was given to the 1^st opposite party as per the instruction of the 1^st opposite party insurance surveyor came and inspected the car, evaluated the damages and survey report was given to 1^st opposite party.   Totally Rs.62,647/-was spent which includes Rs.44,287/-for repairing the car, Rs.16,878/-for painting the car and Rs.1,482/-for transporting the car to workshop.  The ownership of the car was transferred to the name of the complainant on 28/05/2015; but new RC book was received by the complainant from Chittur RTO only on 04/06/2015. On 04.06.2015 the RC book was received by the complainant from RTO Chittur.  From 17/05/2015 complainant was possessing and using the car and on 28/05/2015 RC book was transferred to the name of the complainant.  As per this policy amount spent for repairing the car mentioned above was liable to be paid by the 1^st opposite party and for receiving the above mentioned amount from the 1^st opposite party a request was given by the complainant to the 1^st opposite party and no amount was given by the opposite party.  On the pretest of not having transferred the insurance policy to the name of the complainant within 14 days, 1^st opposite party rejected the claim of the complainant. 

          For repairing the car a total amount of Rs.62,647/-(Rupees sixty two thousand six hundred and forty seven only), for the sufferings and mental difficulties of the complainant compensation of Rs.20,000/-and for litigation cost Rs.10,000/-, and altogether Rs.92,647/-(Rupees ninety two thousand six hundred and forty seven only) are liable to be paid to the complainant by the 1^st opposite party.

          The complainant prays to the Hon’ble Forum to order the opposite party to pay Rs.92,647/-(Rupees ninety two thousand six hundred and forty seven only) with 12% interest to the complainant.

          The complaint was admitted and notices were sent to opposite parties.

          2^nd opposite party did not file his version.  In their version 1^st opposite party contended the following.

          One Faisal S/o Muhammed insured his car bearing registration number KL 52 A 6238 with this opposite party and the policy was valid on the relevant date.  The allegations that there was deficiency in service and unfair trade practice on the part of the opposite party, that the opposite party failed to settle the matter without any basis, that the opposite party is avoiding payment of the claim even though they are bound to pay it, etc. are false and baseless.  There was no privity of contract between the complainant and the opposite party on the relevant date.  The complainant failed to make an application to this opposite party for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy in his favour under the Motor Vehicles Act.  The complainant has not paid any sum to the opposite party for getting services from them.  The complainant violated the provisions of the Motor Vehicles Act by not making an application to the insurance company for making necessary changes in regard to the fact of transfer of ownership of the vehicle within 14 days of the transfer.  In the absence of any application for the transfer of the policy as prescribed under the act, the transferee owner cannot claim any right or benefit under the policy which stands in the name of the previous owner.  There for the transferee owner cannot claim any benefit under the policy unless the policy is transferred within 14 days from the date of transfer.  In the above circumstances the complaint is not maintainable against the opposite party and the complaint is liable to be dismissed.

          Therefore it is most respectfully prayed that this Hon’ble Forum may uphold the above contentions and dismiss the complaint.

          Complainant filed chief affidavit and proof affidavit and documents marked as Exts.A1 to A5 including Ext.A3 series.  Complainant was also cross examined has PW1 on 03.05.2016.  From the side of the 1^st opposite party affidavit and Ext.B1 document were filed.

          The following issues are considered in this case:

1. Whether there is any negligence/unfair trade practice/deficiency of service on the side of opposite party?
2. If so, what is the relief and cost?

Issues 1 &2

     On 14/05/2015 the complainant purchased from 2^nd opposite party Maruti WagonR

Car having registration No:KL-52/A-6238.  The complainant received attested photocopy of the RC book dated 18/05/2015 as per Ext.A1.  The previous owner of the car took a private car package insurance policy from the opposite party which had a validity period from 07/05/2015 to 06/05/2016.  On 31/05/2015 the car in question met with an accident at Mannuthi by colliding with a motor cycle and the car sustained serious damages.  The car was taken then to Popular Car Workshop, Thrissur and the accident information was given to the 1^st opposite party.  The surveyor came, inspected the car evaluated the damages occurred to the car and filed a report to the 1^st opposite party.  After completing the repair of the car on 01.07.2015 the insurance policy was transferred to the name of the complainant as per Motor Insurance Certificate cum policy schedule private car package policy – Zone B marked as Ext.B2.   As Ext A3 series are job card retail invoices (5 No’s) were by it is known that complainant had incurred Rs.62,647/- for repairing the disputed car.  Although the complainant submitted the claim for Rs.62,647/-, the opposite party insurance company rejected the claim of the complainant as per letter marked as Ext A4 because within 14 days the concerned insurance policy was not transferred to the name of the complainant.  The motor vehicles department, Govt.of Kerala issued a receipt for collecting Rs.323/- from the complainant being transfer of ownership fees which is indicated Ext.A5.   Complainant pleads to the Hon’ble Forum that there has occurred deficiency in service and unfair trade practice on the side of 1^st opposite party and therefore prays to the Hon’ble Forum to order the 1^st opposite party to pay him Rs.92,647/ -towards repair charges of the disputed car, Rs.20,000/-by way of compensation for his mental difficulties and Rs.10,000/-by way of litigation expenses.

          The 2^nd opposite party did not file his version but the 1^st opposite party filed their version in which they contend that 2^nd opposite party insured the disputed car with 1^st opposite party and the policy was valid on the relevant date.  The complainant was not the insured on the relevant date.  The 1^st opposite party specifically denies the allegation of deficiency in service and unfair trade practice on their part.  According to the 1^st opposite party there was no privity of contract between the complainant and the 1^st opposite party on the relevant date.  The complainant failed to make an application to the 1^st opposite party for making necessary changes regarding the transfer in the certificate of insurance and in the insurance policy in his favour under the Motor Vehicles Act 1986 and the complainant has not paid to the 1^st opposite party for getting services from them.  The complainant violated the provisions of Motor Vehicles Act by not making an application to the insurance company for making necessary changes regarding transfer of ownership of the vehicle within 14 days of the date of transfer.  In the absence of any application for the transfer of the policy as prescribed under the Motor Vehicle  Act, the transferee owner cannot claim any right or benefit under the policy which stands in the name of the previous owner.  As per Ext.B1 the Motor Insurance Certificate cum policy schedule private car package policy - Zone B was issued by the 1^st opposite party to the complainant in his name on 01.07.2015.             Hence 1^st opposite party prays to the Hon’ble Forum to uphold their contentions and dismiss the complaint.  2^nd opposite party did not file his version. 

          We observe that complainant was not seen to have produced documentary evidence to prove that he has informed the insurance company about the change of ownership from Mr.Faisal to his name within 14 days of the date of transfer of ownership.  In view of the above, the complainant has failed to prove commission of negligence, deficiency of service and unfair trade practice on the part of the opposite parties.   It is also observed that the Motor Insurance Certificate cum policy schedule private car package policy Zone B was issued by 1^st opposite party on 01/07/2015 which shows that transfer of the insurance policy in the name of the complainant was effected by the 1^st opposite party on 01.07.2015.

 Hence the complaint is dismissed.

Pronounced in the open court on this the 15^h  day of July 2017.                                                                                                                                                                                                                  Sd/-                                                                                                                                                                                             Shiny. P.R

                                                                                                      President

                                                                                                       Sd/- 

                                                                                            Suma. K.P                                                                                                               Member    

                                                                                                                                                Sd/-

                                                                                       V.P.Anantha Narayanan                                                                                                  Member  

Appendix

Exhibits marked on the side of complainant

Ext.A1-  Attested photocopy of RC book dated 18/05/2015

Ext.A2  - Attested photocopy of Motor Insurance Certificate cum Policy Schedule private car 

             package policy - Zone B

Ext.A3 series- Job card retail invoice dated. 15.06.2015 (5 no’s)

Ext.A4 - letter dated. 20.07.2015 sent by the 1^st opposite party to the complainant repudiating

             the claim of the complainant

Ext.A5 –Receipt showing transfer of ownership fee Rs.323/- dated 16/05/2015 issued by Motor

           Vehicle Department to the complainant

Exhibits marked on the side of opposite party

Ext.B1- Copy of Motor Insurance Certificate Cum Policy Schedule Private Car Package Policy-

           Zone B

Witness marked on the side of complainant

PW1-Bineesh.P.Scaria

Witness examined on the side of opposite party

Nil

Cost allowed

Nil