Sri Shyamal Gupta, Member 

Challenging the Order dated 29-11-2016 passed by the Ld. District Forum, Kolkata-I (North) in CC/376/2014, thereby allowing the complaint case, this Appeal is preferred by M/s Cholamandalam MS General Insurance Co. Ltd. 

In a nutshell, case of the Complainant is that, as a result of road accident, the insured vehicle owned by him sustained severe damage.  Accordingly, a claim was lodged with the OPs which, however, was repudiated by them vide letter dated 05-03-2014.  Accordingly, the complaint case was filed. 

Defending its decision, it is submitted by the OPs that on 25-03-2012, the Complainant sold the vehicle to one Sri Sahajan Mondal by executing a Deed of Sale in his favour.  Pursuant to such selling of the insured vehicle, as on the date of accident, i.e., on 07-12-2013, the Complainant had no insurable interest in respect of the subject vehicle.  Accordingly, the instant claim was repudiated by them. 

Decision with reasons 

Ld. Advocates for the parties were heard at length and documents on record carefully gone through. 

In support of his contention, Ld. Advocate for the Appellants furnished photocopy of a Notorized document dated 25-03-2013.  On a reference to the said document, we find that by executing the said agreement, the Respondent did not sale the subject vehicle; merely allowed one Sahajamal Mondal to look after the administration/maintenance of the said vehicle. By no stretch of imagination, the same can be treated as ‘Deed of Sale’. 

If indeed the Respondent sold the said vehicle, he would definitely do so against due consideration.  However, nowhere in the purported paper writing, there is any mention of any sale consideration being accepted by the Respondent. 

Thus, it is very much clear that the Appellants repudiated the instant claim with a mala fide intention.  This smacks of gross deficiency in service on the part of the Appellants. 

There is no merit in this Appeal. 

Hence,

O R D E R E D 

The Appeal stands dismissed against the Respondent with a cost of Rs. 25,000/-, being payable by the Appellants to the Respondent within 40 days from today.  The impugned order is hereby affirmed.