Haryana

Karnal

CC/35/2018

Amarjeet - Complainant(s)

Versus

Cholamandalam MS General Insurance COmpany Limited - Opp.Party(s)

Ravinder Raman

18 Jul 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.35 of 2018

                                                         Date of instt. 08.02.2018

                                                         Date of decision:18.07.2019

 

Amarjeet son of Shri Prem Singh, resident of VPO Mandi, Tehsil Israna, District Panipat.

…….Complainant 

                                        Versus

 

1. Cholamandalam MS General Insurance Company Limited, registered & Head office: dare House, 2^nd floor, no.2, N.S.C. Bose Road, Chennai-60000-, India, through its Director/authorized person.

2. Cholamandalam MS General Insurance Company Limited, office situated at Behind Malik Petrol Pump, Sector-25, HUDA, Panipat through its Manager/authorized person.

3. Cholamandalam MS General Insurance Company Limited, office situated at SCO 334, basement Mugal Canal Market, Karnal-132001 through its Manager/authorized person.

…..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.          

 

Before   Sh. Jaswant Singh……President.  

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary……Member

 

 Present   Shri Ravinder Raman Advocate for complainant.

                  Shri Naveen Khaterpal Advocate for OPs.

                  

                   (Jaswant Singh President)

ORDER:                    

 

                This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant got his car make Nissan Micra bearing registration no.HR-67B-6519 Model 2016 with the OPs, vide policy no.3368/00923857/000/00 w.e.f. 25.03.2017 to 24.03.2018. OPs obtained the premium of Rs.21,793/- from the complainant and the IDV of the vehicle is worth Rs.3,85,001/-. On 9.10.2017 at about 8.30 p.m. the complainant’s driver Harinder Singh was going from village Chidana to Gannaur for filing CNG in the insured car and on the way the insured car got burned suddenly and the complainant driver hardly escaped himself with best efforts. The police has lodged the matter vide GD no.5 dated 11.10.2017 at P.S. Khubdu Jhal, District Sonepat. The complainant had visited the office of OPs and to lodge the claim but OPs did not pay the claim. Thereafter, complainant requested the OPs so many times for settlement of the claim but OPs did not do so and lastly repudiated the claim of the complainant, vide letter dated 26.10.2017 on the ground that the complainant had sold the insured vehicle to some one Neeraj as alleged in the letter. Neither the complainant has sold the insured vehicle nor the alleged Neeraj known to him. Thereafter, complainant requested the OPs several times for releasing of the claim but OPs did not pay any heed to the request of complainant. Then, complainant sent a legal notice dated 13.12.2017 to the OPs but it also did not yield any result. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who appeared and filed written version raising preliminary objections with regard to jurisdiction; maintainability; mis-joinder and non-joinder of necessary parties and concealment of true and material facts. On merits, it is pleaded that after intimation of the loss of car through fire from complainant, OPs deputed investigator to investigate the matter and to collect facts and additional documents and on investigation report it has been found that the complainant himself is at fault because entitlement of claim is subject to terms and conditions of Insurance Policy. Since the said policy of insurance was obtained for insurable interest by complainant Mr.Amarjeet Singh. OP also deputed an IRDA licensed independent Surveyor, who inspected the vehicle and submitted his detailed surveyor report. As per survey report final liability comes to Rs.3,65,000/- as per terms and conditions of the policy but the complainant is not entitled for the same because claim of the complainant is not maintainable. The complainant sold the said car to Mr. Neeraj son of Satish resident of village Chidana, District Sonepat on 9.9.2016 for Rs.1,55,000/- and car met with fire on 9.10.2016. Complainant has sold the car before the date of loss and the new owner had not obtained a policy of insurance in his name within 14 days of purchase of said vehicle from insured, hence there is no insurable interest exists of complainant as on the date of loss/fire. There is no privity of contract with Neeraj, therefore also, the claim was not maintainable. GR 17 of the Indian Motor Tariff Regulations deals with the transfer of insurance policy in case of sale of the vehicle by the original insured owner. As per GR 17 of the Motor Tariff Regulations, it is clear that in the case of package insurance policy, the transfer of Own Damage section of the policy in favour of transferee shall be done by the insurance company in case specific request in writing is made by the transferee of vehicle within 14 days from the date of transfer of the vehicle. In this case vehicle was sold by complainant to Mr. Neeraj on 9.9.2016 and car got fire on 9.10.2017. Complainant had no insurable interest upon the case because said car was sold to Mr. Neeraj much before the date of loss and new owner had not obtained a policy of insurance in his name. Hence the claim of the complainant has rightly been repudiated by the OPs, vide letter dated 26.10.2017. Hence there is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C12 and closed the evidence on 2.11.2018. Further, complainant in his additional evidence tendered the affidavit of Mr.Neeraj Ex.CW2/A and closed his additional evidence on 5.7.2019.

4.             On the other hand, OPs tendered into evidence affidavit of Vikash Kumar Goyal Ex.RW1/A and documents Ex.R1 to Ex.R5 and closed the evidence on 26.02.2019.

5.             We have heard the learned counsel of both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             As per version of the complainant, on 9.10.2017 his driver namely Harinder Singh was going to Gannaur and on the way the car in question got burned suddenly. Matter was reported to the police, DDR (Ex.C11) recorded in Police Station Khubdu Jhal, District Sonepat. Intimation regarding the said incident was also given to the OPs by one Neeraj, vide application Ex.R3. Claim was also lodged with OPs by the said Neeraj son of Satish resident of village Chidana, District Sonepat, it has been proved from claim form Ex.R1. The claim of the complainant was repudiated by the OPs on the ground that the complainant has sold the insured vehicle to Mr. Neeraj son of Satish on 9.9.2016 for Rs.1,55,000/- and car met with fire on 9.10.2016. Complainant had sold the car before the date of loss and new owner had not obtained a policy of insurance in his name within 14 days of purchase of said vehicle from insured, hence there was no insurable interest exists of the complainant as on the date of loss/fire.

7.             During the course of argument complainant & Neeraj both present before the Forum. On query Neeraj admitted his signature on Ex.R3 i.e. intimation application to the OP. In the said application he has specifically mentioned that he has purchased the said vehicle from Amarjeet i.e. complainant on 09.10.2017. But today both has denied the acquaintance each other. Moreover, Neeraj denied his signature on the claim form Ex.R1. Complainant also denied the signature on the affidavit Ex.R4. Said affidavit was attested by Notary on 9.9.2016 i.e. date when the car already sold the complainant to Neeraj. If Neeraj had not purchased the car, why he intimated to the OPs, vide application Ex.R3 and submitted claim form Ex.R1 and why the company got prepared such document on their own.

8.             As per para no.5 of the complaint, complainant specifically mentioned that he had lodged his claim, but as per claim form Ex.R3 same was lodged by Neeraj. As per complainant, Neeraj not known to him but on the other hand, complainant moved an application for additional evidence for examined to Neeraj and he has been examining by the complainant. Neeraj tendered his affidavit stating that he has never even put his signature on any affidavit or any document relating to the vehicle no.HR-67B-6519 and he has no concerned with the said vehicle. He has not purchased the said vehicle. On the other hand, he admitted his signature on Ex.R3 i.e. intimation regarding incident giving to the OPs.

9.             The vehicle in question was driven by Harinder Singh driver as alleged by the complainant but failed to examine the said driver. Moreover, in the DDR which was got recorded by said Harinder Singh, name of owner was not disclosed by him in the said DDR. Complainant and Neeraj both are not standing on their legs. In view of above facts and circumstances of the case, we are of the firm views that complainant has sold the vehicle in question to Mr. Neeraj and complainant has no insurable interest. Thus, there is no deficiency in service on the part of the OPs in repudiating the claim of the complainant.

10.            Thus, as a sequel to abovesaid discussion, we do not find any merits in the complaint and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:18.07.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                         Member