NCDRC

NCDRC

RP/3095/2011

M/S. BHARTI AXA GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

MS. VENUS - Opp.Party(s)

MR. S.M. TRIPATHI

30 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3095 OF 2011
 
(Against the Order dated 16/08/2011 in Appeal No. 446/2011 of the State Commission Punjab)
1. M/S. BHARTI AXA GENERAL INSURANCE CO. LTD.
Big Jose Towere,2nd Floor, Netaji Subhash Place, Wazirpur
New Delhi - 110034
...........Petitioner(s)
Versus 
1. MS. VENUS
W/o Dr Basant Garg, R/o 76 Sector-49
Chandigarh
Chandigarh16/
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. S.M. TRIPATHI
For the Respondent :NEMO

Dated : 30 Sep 2011
ORDER

Respondent/complainant purchased a Toyota Corolla Altis car and got it insured with the petitioner insurance company for a sum of Rs.12,94,985/- for the period from 26.2.2010 to 25.2.2011.  Rs.26,991/- were paid as premium amount.  The Regional Transport Authority issued temporary registration number to the complainant on 25.3.2010, which was subsequently extended up to 25.5.2010 by the concerned authorities.  Respondent was allotted permanent registration number only on 21.5.2010.  The car met with an accident on the intervening night of 16-17.05.2010.  Police report regarding the same was lodged.  The said car was taken to the  authorized dealer of Toyata Cars for repairs but the said dealer

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found the car to be beyond repairs.  Petitioner appointed surveyor, who assessed the loss.  Claim lodged by the respondent was repudiated by the petitioner vide letter dated 27.8.2010 on the ground that, on the fateful night i.e. 17.5.2010,  the car was not having a valid registration certificate as the temporary registration expired on 25.3.2010 and the permanent registration number was allotted to her only on 21.5.2010.  Aggrieved by this, respondent filed a complaint before the District Forum.

        District Forum allowed the complaint and directed the petitioner to pay the assured sum i.e. Rs.12,94,985/- to the respondent along with interest @ 7% p.a.  Rs.2000/- were awarded by way of costs.  Petitioner was held entitled to retain the salvage of the vehicle.

        Petitioner, being aggrieved, filed the appeal, which has been dismissed.

        The State Commission came to the conclusion that since the temporary registration number had been extended up to 25.5.2010, the plea taken by the petitioner that the respondent did not have a valid registration certificate, could not be accepted.  Hence, the temporary registration number had been extended up to 25.5.2010.

 

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        We agree with the view taken by the fora below.  Plea raised by the petitioner that the respondent did not have the valid registration number on the date of the accident cannot be accepted as the temporary registration number given to the respondent had been extended by the competent authority subsequently up to 25.5.2010.  Even if the RTO had committed an error/mistake in extending the temporary registration number, respondent cannot be made to suffer for the same.  Dismissed.

        Petitioner would be entitled to take possession of the salvage as per direction issued by the District Forum.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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