DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 6th day of November 2019
Present: Smt.Shiny.P.R. President
: Sri.V.P.Anantha Narayanan, Member Date of filing: 11/04/2018
(CC.No.53/2018)
Paulraj.J @ Mariya Paul Raj.J
S/o.Jaganath Nadar,
11/100C, Nelenkachi, - Complainant
Vannamada, Kozhippathy,
Palakkad – 678 555.
(By Advs.B.Ravikumar & V.Kaladharan)
Vs
HDFC ERGO General Insurance Company Ltd.,
Sunlinks, Athulya Building, - Opposite Party
Chunnabuthara, Palakkad.
(By Adv.Ullas.P.Sudhakaran)
O R D E R
By Smt. Shiny.P.R, President.
Brief facts of complaint.
Complainant has purchased a Maruthi Swift D’zire Car bearing registration No. KL9-AE-1926 from Sri.Sathyadas, Sajishma, Amritha Nagar, 5/412(5), Puthur.P.O, Palakkad - 678001. At the time of purchase the vehicle was duly insured with opposite party as per policy No.2311200604995103000 valid from 30.10.2016 to 29.10.2017, in the name of Sathyadas. On 10.02.2017 RC was transferred in the name of the complainant. Unfortunately on 03.08.2017 the vehicle met with an accident at Neelamkachi. Then the matter was reported to the nearest Police Station, and issued a GD entry certificate. The vehicle was repaired by authorized service centre of Maruthi vehicles namely Indus Motors, Kannadi, Palakkad. Rs.1,65,500/- was spent for repairs. In spite of the repeated demands for repaying the amount spent for repairing the vehicle, the opposite party had not paid any amount. Complainant submitted that opposite party is bound to pay the amount spent by the complainant for repairing the damaged vehicle. The complainant had undergone physical sufferings and mental agony due to the illegal acts of the opposite party. The complainant had thereafter sent a lawyer notice to the opposite party claiming compensation. The opposite party neither paid the amount nor sent any reply. The above acts of the opposite parties amount to deficiency in service and unfair trade practice. Hence the complaint. Complainant prays for an order directing opposite party to pay a total sum of Rs.2,27,682/- to the complainant.
Complaint admitted and notice issued to opposite party. Opposite party entered appearance and filed their version contending the following:-
Opposite party admits the fact that the said vehicle was covered by the opposite party as per Policy numbered 2311200604995103000 for the period 30.10.2016 to 29.10.2017 but the said policy holder is not the complainant and the same was issued in the name of one Sathyadas, residing at Sajishma, Amritha Nagar, 5/412(5), Puthur, Palakkad. The alleged accident was not reported to the opposite party, no claim stands preferred and no documents were submitted either by the complainant or by the insured. The opposite party was not provided with an opportunity to ascertain the genuineness of the claim by deputing an approved surveyor to inspect the vehicle alleged to have been involved in the accident, by making a spot survey prior to undertaking repairs and parts replacement and also after repairs and parts replacement, claimed to have been carried out by the complainant, to note, access and report about the damages, if any caused to the vehicle in the alleged accident and to get a valuation report prepared by the approved surveyor for enabling the opposite party to access the damages, process the claim, if any preferred, and to assess the amount payable if any payable under the policy. As per the terms of the policy, the insured has a responsibility to intimate the insurer in writing about the accident immediately and the failure on the part of the insured to intimate the insurer in writing about the accident is violation of material policy condition and the claim preferred later is legally and factually liable to be repudiated. This clause is incorporated in the policy for preventing bogus claims. Similarly there is another clause in the policy which makes it mandatory on the part of the insured to intimate regarding the transfer of ownership of the vehicle and to get the insurance transferred in the name of the new owner within a period of 14 days. In this case no intimation was given to the opposite party, regarding the transfer of ownership and possession of vehicle, regarding the alleged accident by the insured and no claim was preferred either by the insured or by the complainant. Opposite party was neither intimated nor has knowledge regarding the claims of the complainant that the said vehicle was repaired with job card No.JC17005918 and that after the repairs, the complainant had paid an amount of Rs.1,65,000.00/- as cost of materials, cost of repairs, cost of denting charges cost of painting charges etc. and hence those claims are denied by the opposite party. Opposite party admits the fact that the premium for the policy was paid by the registered owner Sathyadas and that the said policy was valid till 29.10.2017 but as the complainant was not the policy holder at the time when the alleged accident, he has no insurable interest. No lawyer notice as claimed by the complainant was sent or served on the opposite party. There is no deficiency of service or unfair trade practice on the part of the opposite party. Hence the complaint is to be dismissed with the cost of opposite party.
Both parties filed their respective chief affidavit. Ext. A1to A8 series marked from the side of the complainant. Ext. B1 marked from the part of opposite party. Complainant was cross examined as PW1.
The following are the issues that arises for consideration.
- Whether there is any deficiency in service from the part of opposite party?
- If so, what are the reliefs and cost?
Issues 1 & 2
Heard .
We have perused the documents and affidavits filed by both the parties. Opposite party admits the fact that the said vehicle was covered by the opposite party as per Policy numbered 2311200604995103000 for the period 30.10.2016 to 29.10.2017 but the said policy holder is not the complainant and the same was issued in the name of one Sathyadas, residing at Sajishma, Amritha Nagar, 5/412(5), Puthur, Palakkad. According to the complainant, the insurance policy runs with vehicle, so opposite party has the liability to pay the cost of repair of the vehicle and compensation for mental agony caused due to the nonpayment of claim amount to the complainant. Opposite party contended that the alleged accident was not informed to the opposite party and no claim form and documents were submitted by the complainant. On going through the evidence tendered by the complainant it is seen that no documentary evidences were adduced to show that he had informed the opposite party about the accident. Apart from that complainant had not taken any steps to transfer the insurance policy to his name within 14 days from the date of transfer of ownership as per Indian tariff GR 17. At the time of cross examination he deposed that he transferred the insurance policy only after one and half months from the date of accident. As per Indian Motor Tariff GR17 it is specifically noted that “in the case of transfer the transferee shall apply within 14 days from the date of transfer in writing under recorded delivery to the insurer who has insured the vehicle, with the details of the registration of the vehicle, the date of transfer of the vehicle.”
In the present case
Thus, it is clear that on the date of accident the complainant had no insurable interest in the subject vehicle. Therefore there is no privity of contract between the complainant and opposite party. Complainant is not entitled to get the amount spent by him for repairing the vehicle. In the above circumstances, we could not find any deficiency in service on the part of opposite party.
In the result complaint dismissed without cost.
Pronounced in the open court on this the 6th day of November 2019.
Sd/-
Shiny.P.R.
President
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Certificate of insurance cum policy schedule issued by opposite party to the
Complainant(original)
Ext.A2 - Copy of driving licence of complainant.
Ext.A3 - GD Entry Certificate issued by Sub Inspector of Police, Kozhinjampara
(Original)
Ext.A4 - Copy of Registration certificate of vehicle No.KL-09-AE-1926.
Ext.A5 series– Copy of bills for repair of vehicle
Ext.A6– Receipts for Rs.1,58,000/- issued by Indus Motors, Kannadi.
Ext.A7– Cash bill issued by Sure fit Melamuri, Palakkad.
Ext.A8 series – Copy of Complainant’s Lawyer notice, postal receipt and A/D card
Exhibits marked on the side of the opposite party
Ext.B1 - Certificate of insurance cum policy schedule issued by opposite party to the
Complainant
Witness examined on the side of complainant
PW1 – Paulraj.J
Witness examined on the side of opposite parties
NIL
Cost: NIL
