Orissa

Kendrapara

CC/135/2023

Madhusudan Rout - Complainant(s)

Versus

HDFC ERGO General Insurance Company Ltd. - Opp.Party(s)

Sri Ranjan Kumar Panda

16 Apr 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/135/2023
( Date of Filing : 11 Sep 2023 )
 
1. Madhusudan Rout
S/o- Pitambar Rout At- Badanainpur Po- Bagada Ps- Kendrapara Sadar Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. HDFC ERGO General Insurance Company Ltd.
Regd. & Corporate Office- 1st Floor, HDFC House, 165/166 Backbay Reclamation HT Parekh Marg, Church Gate, Mumbai-400020
2. HDFC ERGO General Insurance Company Ltd.
Branch Office- 3rd Floor, Hotel Pal Regency Pvt. Ltd. J7, Jayadev Vihar Road, Jayadev Vihar Bhubaneswar, Odisha-751013
3. RTO,Bhubaneswar
Bhosinagar Basti Acharya Vihar Near Maharaj Cinema Hall Bhoi nagar Bhubaneswar
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Ranjan Kumar Panda, Advocate for the Complainant 1
 Mr.Md.Nayeem & Associates, Advocate for the Opp. Party 1
Dated : 16 Apr 2024
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT :-          

            Complainant has filed C.C.Case No. 135/2023 U/s-35 of C.P.Act seeking that he is the Regd.  Owner of  Vehicle Maruti Swift VDI bearing Registration No.OD-2A–X- 6349  faced an road accident on dt.08.01.2019  and was  fully damaged. The Complainant has received the settlement amount on dt.17.03.2019 vide Policy No. 2311202386639400000 and claim   No.C230018349373.

The   Complainant has  surrendered  the said vehicle  to the Op. who  has sold the vehicle to 3rd  Party and still the vehicle  is in the name of the Complainant and he approached  that he may face problem if the vehicle as  misutilized or involve  in any unlawful activities and seeks  to change the ownership.

As per Section-51 (5) of M.V.Act the vehicle is to be transferred   in the name of Finance/Insurance  and thereafter to the 3rd party. Since the Complainant has already received the insured amount and surrendered the vehicle is no more the Owner of the vehicle.

We therefore direct the Ops to change the owernership of the vehicle deleting the name of the Complainant from the ownership within a period of 3 months from the date of receipt of his order.

With the aforesaid observation the C.C.Case No.135/23 is accordingly disposed off.  

                         Issue extract of the order to the parties for compliance.   

      Pronounced in the open Commission, on this the 16th day of  April,2024

                         I, agree.

                           Sd/-                                              Sd/-

                        MEMBER                                   PRESIDENT

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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