IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 20th day of April 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 186/2020 (Filed on 13.11.2020)
Complainant : Jayaprasad.M, Reshmi Bhavan
S/o Madhavan Pillai,
Pandanadu North P.O, Kallissery,
Chengannoor, Alappuzha Dist.
(By Adv.Jaison Paliyil)
Vs
Opposite parties :1. New India Assurance Co.Ltd
Represented by the Branch Manager
P John Zachariah Building,
P.B No.83, Central Junction,
Kottayam-01.
(By Adv.P.G.Girija)
2. Anu Jacob, Branch Manager,
New India Assurance Co.Ltd
P John Zachariah building,
P.B.No.83, Central Junction
Kottayam-01
(By Adv.P.G.Girija)
3. ELV Exchange Private Ltd
Represented by Gurpeet Singh
421/1, Ground Floor, Durga Ashram
Chattarpur, New Delhi,
South Delhi-110074
4. R.G Rejikumar, Consulting Engineer
Valuer, Vilanganpara buildings
Near D.C Books, G.S.Road, Kottayam.
(By Adv.P.G.Girija)
5. Gurpeet Singh, S/o Kultar Singh
H-1/89, Vikas Puri, Tilak Nagar
West Delhi, Delhi.
(Opposite party 5 is impleaded as per
The order in IA.131/2022 dated 26.04.22)
(By Adv.Lithin Thomas)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of the Consumer Protection Act 2019
The brief of the complainant’s case is as follows. The complainant was the registered owner of Ford Endeavour car bearing Registration Number KL-30-F-7777. The car was insured with the first opposite party having IDV of Rs.30,75,246/- during the period 29/12/2017 to 28/12/2018. Due to the heavy flood in Kerala in the year 2018, the vehicle got damaged on 15/08/2018. The insurance claim was settled by the first and second opposite parties on salvage loss basis. The first and second opposite parties had assured to do the procedures for change of name in RC Book in favor of the new buyers and also intimation to the hypothecation bank upon successful settlement. As a result, the first and second opposite parties received all such documents including the consent agreement accepting the offer made by them and also the application for change of RC particulars, from the complainant.
The first and second opposite parties facilitated disposal of the damaged vehicle to the 3rd opposite party upon a consideration of Rs 12 Lakhs. They have cancelled the insurance policy without cancelling the RC particulars. As per the direction of the first and second opposite parties the complainant had given the vehicle to the Third opposite party. The claim was settled by the first and second opposite parties and the notice of termination of agreement of hypothecation from ICICI bank was also delivered to the third opposite party. The complainant requested to change the RC particulars in favor of third opposite party or any other buyers but the opposite parties 1 to 3 had repeated their assurances of change of RC particulars without delay.
But it is realized that the opposite parties have not taken any measures to change the RC Particulars and the complainant is receiving intimation for violation of traffic rules by the third opposite party or anybody under it with the vehicle from various parts of the country. The act of the opposite parties is deficiency in service and unfair trade practice. Hence this complaint is filed with a prayer for changing the R.C particulars of Ford Endeavour car bearing Reg -No.KL.30-F 7777 and for cost and compensation of Rs 50,000/-.
On admission of the complaint, copy of the complaint was duly served to the opposite parties.
The first, second and fourth opposite parties appeared and filed joint version.
It is true that the vehicle KL.30 F 7777 was insured with the first opposite party for a period from 29.12.2017 to 28.12.2018. On receipt of the claim of the complainant, the fourth opposite party was deputed to assess the damages caused to the vehicle. The fourth opposite party suggested Net salvage Basis settlement of the claim after deducting the wreck value. Even though quotations were invited from Local/online buyers for assessing the wreck value for assessing the claim on Net of Salvage Basis. The third opposite party quoted the highest value of Rs 12, 00,000/- and it was taken for arriving at the settlement amount. The complainant was satisfied with the offer and he entered in to a contract with the third opposite party. The first and second opposite parties neither took possession of the wreck nor instructed the complainant to sell the wreck to the third opposite party. The sale of the wreck and transactions were between the complainant and the third opposite party. The first and second opposite parties have no information about the terms and conditions of the contract. Hence the first and second opposite parties are not responsible for the transfer of Ownership in RC and other incidental matters. There is no deficiency in service or unfair trade practice on the part of the first, second and fourth opposite parties.
The complainant filed proof affidavit and marked documents Exhibits A1 to A15. Asha Thomas, Divisional Manager of the first opposite party filed the proof affidavit in lieu of chief examination on behalf of the first, second and fourth opposite parties. Even though the notice to the third opposite party was duly served, they failed to file their version or to appear before the commission to defend their case. Hence the third opposite party was set exparte.
On the basis of the complaint, version of the first, second, and fourth opposite parties and evidence adduced we would like to consider the following points.
- Whether there is deficiency in service or unfair trade practice on the part of the opposite parties’
- If so, what are the reliefs and costs?
On going through the complaint, version of the opposite parties and evidence adduced it is evident that the vehicle of the complainant bearing Registration. number KL- 30-F-7777 was damaged due to the flood on 15.08.2018. The vehicle was having valid insurance with the first opposite party for the period from 29.12.2017 to 28.12. 2018. The claim of the complainant was settled on by the first opposite party on Net Salvage Basis.
Ext A4 is the letter from the second opposite party dated 20/10/2018 intimating the complainant that the claim will be settled as constructive total loss on net of salvage basis without cancelling the RC but with cancelling the insurance policy and requesting to submit the documents for proceeding with the claim
Ext A5 is the letter from Second opposite party requesting for documents, original Insurance policy with duly filled claim form 2. Consent letter for proceeding with Constructive total loss 3. NOC from Bank/finance company ,4 Copies of KYC Documents ,5. Bank account details Copy and Driving License Copy, and 7. Notarized consent letter
Ext A6 letter dated 02/11/2018 issued by the fourth opposite party to the complainant intimating that the claim was considered only as net salvage loss. At present the subject vehicle got a salvage (Wreck) Buyer. There for we need a confirmation from the complainant regarding whether accepting the offer or not.
Ext A7 is the letter dated 30/11/2018 from the fourth opposite party to the complainant stating that the fourth opposite party had invited quotations from various salvage buyers both online and offline. The highest value quote for the damaged car received was Rs.12,00,000/- From ELV auctioneers. Requesting to submit the consent for settling the claim and copy of documents
Ext A8 is the Notary attested document furnished by the additional fifth opposite party dated 22/11/2018 stating that the New India Assurance company facilitates the disposal of the damaged vehicle to the third opposite party and the additional fifth opposite party is the buyer and the vehicle ownership transfer will be made by the buyer and the third opposite party is committed to furnish the details within 30 days if there is no loan and requested to hand over Original RC , NOC and Form 35 from financier, Original keys and accessories of the vehicle, Duly signed Form 28, 29 and 30.
Ext A11 is the report from Joint Regional Transport officer Chengannoor 24/07/2020 stating that the ownership of the vehicle KL.30 F 7777 is with the complainant.
Ext A12 is the Notice from Kerala Police dated 12/10/2020 for over speed.
Ext A15 is the Notice from Himachal Pradesh police for driving without Driving License.
On the basis of the above discussed evidence, it is clear that the fourth opposite party, the approved surveyor of the First opposite party invited the quotations both online and offline for the damaged vehicle. The amount of Rs.12,00,000/- quoted by the third opposite party was accepted by the first, second, fourth opposite parties and the complainant. The complainant handed over the vehicle to the Additional fifth opposite party. As per Ext A8 the additional fifth opposite party had to change the ownership of the vehicle within 30 days.
The complainant is getting Ext A12 and Ext A15 notices under Motor vehicles Act for traffic violations of the vehicle Kl.30.F 7777 due to the non transfer of Ownership of the vehicle. This had caused much mental agony to the complainant who had handed over the vehicle and records to the third opposite party. The act of the third and fifth opposite parties in not transferring the ownership of the vehicle is deficiency in their service. Point No.1 is found in favor of the complainant. We allow the complaint and pass the following orders.
1) The third and additional fifth opposite parties are directed to change the name and details of the complainant from the registered ownership of the Ford Endeavour Car bearing Registration Number KL.30. F -7777 within 30 days from the date of receipt of the copy of this order.
2) The third and additional fifth opposite parties are directed to give Rs.50,000/- as compensation to the complainant for the mental agony and sufferings with 9% interest from 13.11.2020 till the date of realization.
Pronounced in the Open Commission on this the 20th day of April, 2023.
Sri. K.M. Anto, Member sd/-
Sri.Manulal.V.S, President sd/-
Smt.Bindhu.R, Member sd/-
Appendix
Exhibits marked from the side of complainant.
A1- Original Special Power of Attorney dated 01.12.2020.
A2- Copy of R.C. Book (KL-30-F-7777)
A3- Copy of certificate cum policy no.71050131170300360505 issued by The New India Assurance Co.Ltd.
A4- E-mail letter dated 20.10.2018 from the New India Assurance Co.Ltd
A5- Letter from the New India Assurance Co.Ltd
A6- Copy of letter dated 02.11.2018 signed by R.G.Rejikumar, Surveyor & Loss Assessor.
A7- Copy of letter dated 30.11.2018 signed by R.G.Rejikumar, Surveyor & Loss Assessor.
A8- Original copy of the notary attested document
A9- Letter dated 18.02.2019 from ICICI Bank.
A10- Receipt (Receipt No.44) issued by Chengannur Police Station.
A11- Letter no.30/34502/2015, dated 24.07.2020 from Joint Regional Transport Officer, Chengannoor.
A12- Charge memo dated 12.10.2020.
A13- Legal notice dated 14.10.2020 with postal receipts and acknowledgment card.
A14- Legal notice dated 23.10.2020.
A15- Office intimation report (challan) from Himachal Pradesh Police
Exhibits marked from the side of opposite parties
Nil
By order
Sd/-
Assistant Registrar
