By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant purchased a vehicle, Maruthi Suzuki ECCO – 2010 model on
08-03-2021. On 09-03-2021 complainant applied through online for transferring registration certificate in his favor. On 16/03/2021 complainant submitted all the relevant papers before the R.T.O. On 19/03/2021 the R.T.O office informed that registration certificate has been transferred in favor of the complainant. Thereafter the complainant contacted the opposite party office to transfer the insurance policy in favor of complainant. The complainant approached with relevant records on 23/03/2021 before the opposite party. But the office staff demanded the complainant several things which were usually not necessary. Then the complainant approached the manager of the opposite party and the manager instructed the office staff to do necessary things considering the registration certificate and application. But then the office staff insisted to see the vehicle, which the complainant was not brought at that time. In short, the complainant was sent back without transferring the insurance policy in his favor. Due to the act of the opposite party the complainant suffered mental agony and time loss and so he prays for compensation of Rs.20,000/- from the opposite party.
2. On admission of the complaint, notice was issued to the opposite party and the opposite party entered appearance and filed version denying the entire averments and allegations.
3. The opposite party denied that the complainant purchased Maruti Suzuki ECCO – 2010 model car from Kozhikode , on 09/03/2021 he applied for transfer of R.C in his name through online portal, on 19/03/2021 he received intimation regarding the transfer of R.C in his name from the registering office, the complainant approached the insurance company for the change of insurance, upon the instruction of the insurance company on 23/03/2021 complainant approached the insurance company with the document for the change of ownership, made lame excuses and put the complainant in to trouble, at last the manager of the insurance company gave direction to his office staff to do the transfer with the RC print and application form, the office instructed the complainant to produce the vehicle for inspection, the complainant was insulted etc.
4. The opposite party submitted that the complainant came to the office of the opposite partyon 23/03/2021 stating that he had purchased private car No.KL-10-AF 2346 and he has to change the insurance of the vehicle to his name. He had the policy infavor of the previous owner. As per the policy in his hand, the vehicle was insured with Treesa and it was a private car package policy with validity from 15/10/2020 to 14/10/2021. The office personal of the insurance company asked the complainant to fill the proposal form and to hand over the same with necessary documents. The complainant had not filled the date of purchase of the vehicle in the proposal form. On enquiry with the complaint it was revealed that the vehicle was purchased on 08/03/2021 and the complainant paid necessary fee for change of RC on 08/03/2021 itself. As per IMTGR17 the transferee shall applied it in 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, the previous owner of the vehicle and the number and the date of the insurance policy, so that the insurer may make the necessary changes in his record and issue fresh certificate. The complainant approached the opposite party only on 23/03/2021 for the transfer of insurance certificate in his name though he purchased the vehicle on 08/03/2021 and paid necessary fee for transfer of R.C on the same date. He had with him an updated virtual R.C which does not disclose the date of transfer. Even if the complainant is believed the vehicle might have been transferred in the name of the complainant on 08/03/2021. So the complainant, according to the opposite party has not applied for the transfer of the insurance in his name within 14 days of the transfer of the vehicle. The policy proposed to be transferred in the name of the complainant was a package policy were in the company undertakes the own damages of the vehicle apart from statutory liability. As the complainant approached the insurance company after 14 days of the transfer of the vehicle the insurance company requested the complainant to produce the vehicle for inspection. The insurance company has got every right to confirm the condition of the vehicle before issuing package policy in the name of the complainant.The contention of the opposite party is that the liability of the insurance company under package policy is a contractual liability and if 14 days envisaged under IMTGR 17 is elapsed, then the insurance company has got the right to confirm the conditionof the vehicle before issuing package policy in the name of transferor. Hence the submissionof the opposite party is that they acted according to the guidelines given by Indian Motor Tariff Authority and has not misbehaved or insulted the complainant and the complainant is bound to follow the necessary rules and guidelines for transfer of insurance policy in his name. It is submitted that there is no shortcut formula to transfer insurance in the name of complainant without following the guidelines and rules. The opposite party submitted that there is no deficiency in service or unfair trade practice against the complainant and so the Consumer Disputes Redressal Commission have no jurisdiction to entertain the complaint and the complainant is not entitled for any relief claimed in the complaint.There is no evidence to show the complainant suffered mental agony due to the act of opposite party and so the complainant is not entitled for any compensation or cost as prayed in the complaint.
5. The complainant and opposite party filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A4. Documents on the side of opposite party marked as Ext. B1. Ext. A1 is copy of proposal for motor insurance. Ext. A2is copy of insurance policy with number 571300312010005285 valid from 15/10/2020 to 14/10/2021. Ext. A3 is print out of update virtual R.C. Ext. A4 is copy of RC. Ext. B1 is photo copy of page No.7 from IMTGR 17.
6. Perused affidavit and documents and heard both side. The opposite party filed notes of argument also.
The following points arise for consideration: -
- Whether there is decency in service on the part of opposite party?
- Relief and cost?
7. Point No.1 &2
The grievance of the complainant is that he approached the opposite party for transferring an insurance policy in his favor with all relevant records. The opposite party, office staff insisted for physical verification of the vehicle. The act of the opposite party was to cause trouble to the complainant and he was insulted by the office staff of opposite party, so he prays compensation for the inconvenience and loss of time due to the act of the opposite party. The opposite party admit that the complainant approached the office of the opposite party for transferring insurance policy in his favor. The opposite party also admit that he had brought a policy issued in favor of one Treesa, which was valid from 15/10/2020 to 14/10/2021. The office personal of the opposite party asked the complainant to fill the proposal form and to hand over the same with necessary documents. The submission of the opposite party is that the complainant had not filled the date of purchase of the vehicle in the proposal form. According to opposite party it was revealed that the vehicle was purchased on 08/03/2021 and the complainant paid necessary fee for change of R.C on 08/03/2021 itself. Opposite party also submitted that as per IMT GR 17 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, the previous owner of the vehicle and the number and date of the insurance of the policy.
8. In this complaint, complainant produced documents Ext. A1 to A4 in support of his claim. Ext. A1 is the proposal form and Ext. A2 is copy of insurance policy. Ext. A1 make it appear that it is a form designed as proposal for motor insurance. But what is required in this complaint is to transfer an existing insurance policy in favor of present registered owner of the vehicle. Ext. A2 shows the details of insurance of the vehicle existing at the time of approaching the opposite party for transferring the policy in favor of the complainant. Ext. A3 is copy of R.C which shows the name of the owner as the complainant and the vehicle details and policy details in respect of insured vehicle as per Ext A2. Exhibit A4 shows the vehicle transferred in favor of complainant on 19/03/2021. The specific case of complainant is that he purchased the vehicle on 08/03/2021 and remitted required fee for transferring the R.C in his favor. It is quite natural to approach the opposite party for transferring the insurance policy after effecting the transfer of registration certificate in his favor. Complainant submitted that he produced relevant document before the R.T.O on 16/03/2021.Thereafter the registering authority informed the complainant that the vehicle has been transferred in his favor on 19/03/2021. Exhibit A4 document substantiate the same. The complainant approached the opposite party for transferring the insurancepolicy on 23/03/2021 itself. The contention of the opposite party is that as per IMT GR 17 the transferee shall apply within 14 days from the date of transfer in writing. The opposite party also contended that they have got right to confirm the condition of the vehicle before issuing package policy in the name of the complainant. It can be seen from the submission of complainant that the complainant herein approached the opposite party aftercontacting and verifying the required documents for transferring the insurancepolicy. There was no direction to the complainant to bring vehicle for the verification. So the complainant seen produced documents except the vehicle. If at all the contention of opposite party regarding transfer date as 08/03/21 is accepted, then also complainant approached the opposite party within fourteen days, since the day of transfer is excluded from computing period of fourteen days. The complainant was availed only virtual registration certificate at the time of approaching the opposite party. The registering authority is bound to transfer the vehicle only on production of relevant documents. The creation of Ext. A3 by the registering authority is only after verification of the documents. In the absence of other documents, the transferring of vehicle can be treated from the date of transfer of registration certificate. It cannot be hold mere handing over of a vehicle or an execution of agreement as transferring of the vehicle. The insurance company is naturallyissuing the policy in favor of a registeredowner of the vehicle. The insurance company is not expected to issue an insurance policy were there is no insurable interest. The insurable interest arises when the vehicle stands in favor of the person, who approaches for insurance policy. More over calculation of 14 days for transferring insurance policy is to be reckoned from the date of transferring registration certificate. There is no doubt the insurance company has got right to verify the condition of the vehicle before issuing package policy. But this is not an issuance of fresh policy but transferring an existing policy in favor of present owner. The existing policy is expected to had issued by the insurance company after complying and observing the formalities including verification of the condition of the vehicle. So there is no sufficient reason for directing the complaint to produce the vehicle for physical verification. The narration of the transaction in chronological order by the complainant shows that the complainant approached the R.T.O office as well as insurance company without any latches. But the insurance office instead providing proper service, driven the complainant stating lay excuses. So, it can be seen that there is deficiency in service on the part of the opposite party and we find the first point accordingly.
9. The complainant submitted that due to the act of the opposite party he suffered mental agony and time loss.It can be seen that from the narration of the complaint, the complainant was prompt in discharging his duties. So, his time and effort are to be honored with due respect. It is to be noted that providing service after much delay and raising hyper technical blockade for providing service also amounts deficiency in service.The opposite party have no right to spoil the precious time of a consumer. Hence complainant is entitled for compensation to reasonable extend. There is no specific document to show the loss of the complainant due to the deficient service of the opposite party. Hence, we consider Rs.10,000/- as compensation and Rs.3,000/- as cost of this proceedings.
10. In the light of above fact circumstances we allowed the complaint and direct the opposite party to pay Rs.10,000/- (Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of the opposite party and also to pay Rs.3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest @ 12% per annum from the date of filing this complaint till realization.
Dated this 13th day of June, 2022.
Mohandasan . K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1to A4
Ext.A1:Copy of proposal for motor insurance
Ext.A2:Copy of insurance policy with number 571300312010005285 valid from
15/10/2020 to 14/10/2021.
Ext A3:Print out of update virtual R.C.
Ext A4:Copy of RC.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Ext. B1
Ext.B1:photo copy of page No.7 from IMTGR 17.
Mohandasan . K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
VPH
