Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No.2217 of 2007

Oriental Insurance Company through its Deputy

General Manager, Regional Office, LIC Investment

Building, Hazratganj, Lucknow.                         …Appellant.

Versus

Baij Nath s/o Late Bhagwan Prasad,

R/o Tamkuhi Road, Post, Sevrahi, District.

Kushinagar.                                                     …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadhyay, Member.

Sri A.K. Singh, Advocate for the appellant.

None appeared for the respondent.

Date  31.7.2024

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 31.7.2007 passed by the ld. District Consumer Forum, Kushinagar in complaint case no.93 of 2004.

Due to sad demise of the ld. counsel for the respondent notice was served upon the respondent by the office of this Commission. A copy of the notice is available on record but none appeared form the side of the respondent. Therefore, we have heard ld. counsel for the appellant alone.

On perusal of the record, it appears that one Sri Ram Chandra Thakurai was the owner of the vehicle no.UP 57/4287 for which the appellant agreed to indemnified to the owner of that vehicle. This vehicle was sold to Sri Baij Nath without transfer of the insurance policy. The purchaser/ complainant never informed the insurance company regarding purchasing of vehicle and never deposited the payable fees to change the insurance policy in his name. Therefore, there was no insured claim made out in favour of the respondent/ complainant who purchased the insured vehicle. The ld. District Consumer Forum never discussed this point in its judgment. Although the complainant mentioned in the complaint that the ex-owner of the vehicle took the insurance policy but the complainant never pleaded that he informed the insurance company within prescribed time and deposited any fees which is payable to get the insurance policy transferred in his name.

Since the policy was not transferred in the name of the purchaser/complainant, hence, he is not entitled to get the insurance claim. Ld. District Consumer Forum passed the illegal judgment in favour of the complainant which deserves  to be set aside. The appeal is liable to be allowed.

ORDER

          The appeal is allowed. The impugned judgment and order dated 31.7.2007 passed by the ld. District Consumer Forum, Kushinagar in complaint case no.93 of 2004 is set aside and the complaint dismissed.

          If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be returned to the appellant as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

       (Sudha Upadhyay)                        (Sushil Kumar)                             

                Member                              Presiding Member

Jafri, PA I

Court 3