Delhi

New Delhi

CC/935/2012

Marshal Singh - Complainant(s)

Versus

M/S. The Oriental Insurance Company Ltd. - Opp.Party(s)

08 Mar 2019

ORDER

 

                            CONSUMER DISPUTES REDRESSAL FORUM-VI

                             (DISTT. NEW DELHI),

                       ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                  NEW DELHI-110001

   

Case No.C.C./935/2012                                                                     Dated:

In the matter of:

 Sh. Marshal Singh,

S/o Sh. Late Malik Singh,

R/o 3/0772, Katra Munshi Kripa Ram,

Chandni Chowk, Delhi-110006.

                …… Complainant

 

Versus

1. The Oriental General Insurance  Company Ltd.,

Divisional Office No.18, 6^th Floor,

Shah Puri Tower, C-58, Community Centre,

Janakpuri, New Delhi-110058.

 

2. The Oriental General Insurance  Company Ltd.Service Centre-1, Hansalaya Building,

     10^th Floor, 15, Barakhamba Road,

       New Delhi-110001.

 

1. Branch Manager,

Regd. Office at :

IFFCO Sadan,

C1 District Centre,

Saket, New Delhi-110017.

 

                ……. Opposite parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The complainant has purchased a Maruti Car 800  bearing registration No. DL 8CD 5885 from Sh. Ravinder Kumar Bhatia who was the registered owner of above said vehicle, on 22.5.2012 the same was duly insured for the period from 22.2.2012 to 21.2.2012 vide policy No.215500/31/2012/665 in which IDV was Rs.45,000/-.  On 22.5.2012 at around 12 p.m.,  the complainant deposited all the documents and required fee in the Transport Authority, Rohini, Delhi for transfer of said vehicle in his name.

2.     Unfortunately, the said vehicle caught fire at around 9.30 p.m. on 22.5.2012.   The alleged vehicle was fully damaged.  Information was given to the police vide DD No.38-A with P.S. Rajouri Garden and  Fire Report No.201266222 was lodged.  On 23.5.12, the complainant visited the office of OP-1 for lodging the claim along with Police report, Insurance copy, copy of registered certificate and copies of vehicle transfer receipt Form 29 & 30 but staff of OP-1 refused to accept it and asked the complainant to visit to OP-2 for lodging the claim. But OP-2 also declined the same and further asked to fill the fresh form in the name of Ravinder Kumar Bhatia as the policy was issued in the name of previous owner, Sh. Bhatia. 

3.     On 30.5.2012, the claim was lodged  and all the requisite documents were also submitted with OP-2.  At the time of submitting the claim from, complainant requested OP-2 to transfer the said insurance in his name.  The complainant visited the office of OP-2, it was informed that his claim has been closed as “NO CLAIM”.  When the OP failed to take any optimistic steps, the complainant had sent a legal notice dated 6.8.2011 to OP Insurance Co.  for settling the claim but nothing has been done  by the OP till date, hence this complaint.

4.     Complaint has been contested by OPs.   In its written statement OPs have stated that on the scrutiny of papers it was revealed that the complainant has no privitiy of contract on the date of loss with the OP, since he was neither the registered owner nor the insured under the insurance policy. The insured Sh. Ravinder Bhatia had lodged the present claim, he was informed through letter dated 6.7.2012 that his claim was not tenable on the following grounds:

 “As you have sold the vehicle on the date of loss i.e. 22.5.2012 and the ownership is transferred to the new owner, hence, insurable interest in vehicle has been also transferred to the new owner subject to transfer of insurance policy within 14 days from the date of transfer ownership of vehicle to new owner, therefore, we are enclosing your claim as “NO CLAIM”.  

5.      It is stated that the complainant has no locus standi to file the present complaint as the vehicle in question was not insured in the name of complainant on the date of loss and he had no insurable rights in the alleged vehicle.  As per the documents submitted the vehicle was purchased by the complainant on 22.5.2012, neither the complainant nor the original owner ever applied for transfer of insurance, as such the claim being not payable under the terms and conditions of the policy, therefore, the claim of the complainant was rightly repudiated.

6.     Complainant has  filed their evidence by way of affidavit.  

7.     We have heard argument advance at the Bar and have perused the record.

8.     It is argued on behalf of OP that  the vehicle was purchased by the complainant on 22.5.2012, neither the complainant nor the original owner ever applied for transfer of insurance, as such the claim being not payable under the terms and conditions of the policy, therefore, the claim of the complainant was rightly repudiated.  On the other hand, it is argued on behalf of complainant that on 22.5.2012, he purchased the vehicle and submitted Form 29 & 30 with RTO for getting the vehicle transferred  in his own name.  He also applied on the same date to transfer the insurance in his favour to the insurance co.  The copy of which is attached along with the complaint filed by it, and further prayed that relief claim be granted. 

9.     Perusal of the application dated 22.5.2012 filed by the complainant  for transferring the insurance did not bear the receipt of the OP Insurance Co.  Moreover, the complainant has failed to place on record, the receipt showing that the requisite fee for the transfer of the insurance of the vehicle was paid by him for getting the vehicle transfer to the Insurance Co.   In such a circumstances, we are of the opinion that complainant has no  locus standi to file the present complaint as the vehicle in question was not insured in the name of complainant on the date of loss, the insurance policy was not transferred in his name nor the registration of the vehicle was transferred, as such, he had no insurable rights in the alleged vehicle.

 

10.    Consequently, we hold that claim of the complainant was rightly repudiated by the OP Co. We find no merits in the present complaint, same is hereby dismissed. The orders be uploaded on www.confonet.nic.in.

 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. File be consigned to Record Room.

Announced in open Forum on 14/03/2019. 

 

 

 (ARUN KUMAR ARYA)

          PRESIDENT

 

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER