CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 30^th day of October, 2012.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 09/08/2012

CC .No/153/2012

K.V. Moideenkutty,

Aged 70 years,

S/o. Kunjippa, Karuppan Veetil House,

Kalladikode, - Complainant

Mannarkkad Taluk.

(By Adv.U. Muhammed Musthafa)

Vs

1. New India Assurance Co. Ltd,

N.S. Towers, Near Stadium Bus Stand,

Coimbatore Road, Palakkad – 678 013,

Rep.by it’s Divisional Manager.

(By Adv.T.Giri)

2. V.V. Raghavan,

S/o. Venkittaraman, 2/672, “ Savera”,

Devi Colony, Ambikapuram, - Opposite parties

Palakkad- 678 011

O R D E R

BY SMT. BHANUMATHI. A.K, MEMBER

Facts of the Complaint in brief:

The complainant has purchased a Maruti car bearing Reg. No. KL - 07 – AX – 7165 from the 2^nd opposite party. 2^nd opposite party is the Branch Manager of Chittoor Branch of the 1^st opposite party. New RC Book was issued in the name of complainant on 30/12/2011. The 2^nd opposite party had insured the said vehicle vide policy No. 76110231100100008427 – Private Car Package Policy from 14/02/11 to 13/02/12 with the 1^st opposite party on 5/01/12 the vehicle met with an accident and got damages. Complainant intimated the same before the Mannarkkad police. The police did not register the case as there was no injuries were caused to its passengers. But a certificate dated 10/01/12 has been issued regarding the report of accident. To get the vehicle repaired the complainant spent an amount of Rs 30,000/- On 9/01/12 the complainant approached the opposite party and applied for transfer of the aforesaid policy insurance in his name and claim the amount spent for repair of the vehicle in the prescribed form and submitted necessary documents.

The 1^st opposite party denied the claim of the complainant stating, on the date of accident, the complainant was not having policy of insurance in his name and they are not liable to pay any amount to the complainant. 1^st opposite party transferred the policy in favour of the complainant with effect from 31/01/12 only. After effecting the repair works the complainant got the vehicle on 31/01/12. 1^st opposite party informed the complainant that for getting the claim the vehicle has to produce before the 1^st opposite party. So the complainant produced the vehicle before the 1^st opposite party on 31/01/12 itself and verified by the 1^st opposite party.

According to the complainant the act of opposite party caused deficiency of service and unfair trade practice. Complainant suffered mental pain and monitory loss.

So the complainant seeking an order directing the opposite party to pay an amount of Rs. 55,000/- including claim amount, compensation for mental agony and cost of the proceedings.

2^nd opposite party notice served. But not appear before the Forum and set exparte . 1^st opposite party entered appearance and filed version.

Opposite party admits that on the date of accident the said vehicle was insured with the opposite party, but policy has not been transferred in the name of the petitioner. It stands in the name of previous owner of the vehicle V.V. Raghavan. So the petitioner has no insurable interest under the policy and the opposite party has repudiated the owned damage claim of the petitioner as per letter dated 16/02/12. As per RC extract of Car KL-07-AX-7165 the RC transfer effected on 1/12/11. It proves that petitioner has purchased the vehicle before 1/12/11 and applied before RTO Mannarkkad and paid necessary transfer fee before 1/12/11. As per general Regulation 17 and IMT Rules transferee of vehicle shall apply within 14 days from the date of transfer in writing under recorded delivery to the insurer who was insured with the vehicle with details of registration of vehicle, the details of previous owner of vehicle and the number and date of insurance policy. After verifying the details insurer may make necessary changes in his records and issue fresh certificate of insurance in the name of the transferee. Opposite party admits that the petitioner has approached the opposite party for transfer of policy on 9/01/12. So petitioner has applied for transfer of policy after 40 days from the date of effect of transfer (1/12/11) Hence the opposite party is not liable to pay any compensation for own damage for the accident happend on 5/01/12, it is not true to say that the RC was transferred on 30/12/11 and the complainant has applied for transfer of policy within 10 days. RC extract shows that the transfer was effected on 1/12/11. For transfer of insurance policy original RC is not necessary. It is not correct to say that the complainant has received RC Book on 30/12/11. For transfer of the policy vehicle has to produce before the office. The complainant has produced vehicle for transfer of policy only on 31/01/12. There is no deficiency of service on the part of opposite party and complaint is liable to be dismissed.

Both parties filed their respective affidavits Ext A1 to A8 and Ext B1 to B4 marked.

Heard both parties and gone through the documents on record.

Issue to be considered are

1. Whether there is any deficiency of service on the part of opposite party ?

2. If so what is the relief and cost?

Issue No. I & II

Complainant is a senior citizen of 70 years has purchased a Maruti Car Reg. No. KL-07-AX-7165 from the 2^nd opposite party. The new RC Book was issued in his name on 30/12/11. The 2^nd opposite party had insured the vehicle vide policy No. 76110231100100008427 – private car package policy from 14/02/2011 to 13/02/12. On 5/01/12 the vehicle met with an accident and the complainant intimated the same before the Mannarkkad police and got a certificate dated 10/01/12 regarding the accident (Ext.A4). Due to the accident the vehicle got damaged and the complainant has spent an amount of Rs. 30,000/- for repairing. On 9/01/12 the complainant approached the 1^st opposite party and applied for transfer of the insurance policy in his name and claimed the amount spent for repair of vehicle in the prescribed form and submitted necessary documents. But the 1^st opposite party repudiated the claim of the complainant as per letter dated 16/02/12 stating that on the date of accident, the complainant was not having policy of insurance in his name and they were not liable to pay any amount to the complainant.

Opposite party admits that the vehicle KL-07-AX-7165 was insured with the opposite party on 5/01/12 but policy has not transferred in the name of the complainant. On 5/01/12 it stands in the name of previous owner of the vehicle V.V. Raghavan. There is no dispute raised by the 1^st opposite party regarding the purchase, accident, amount spent for repairs etc. The only contention of the opposite party is that on the date of accident the policy of insurance was not transferred in the name of the complainant. Opposite party contents that as per General Registration 17 and IMT rules transference of vehicle shall apply within 14 days from the date of transfer in writing under recorded delivery to the insurer who was insured with the vehicle. Complainant contents that the new RC Book was issued in his name on 30/12/11. Ext. A2 the photo copy of the RC Book in the name of the complainant shows that the new RC Book in the name of the complainant was issued on 30/12/11. Opposite party also admits that the complainant approached the opposite party on 9/01/12 and applied for transfer of the policy of insurance in his name . So that the complainant has applied for the transfer of the insurance policy in his name well within time.

Opposite party produced Ext. B2 document which shows that the RC transfer effected on 1/12/11 that the complainant has purchased the vehicle on 1/12/11. The complainant has applied transfer of policy on 9/01/12 after 40 days of transfer of vehicle. Opposite party contents that original RC is not necessary for transfer of insurance policy. Complainant can apply for transfer of insurance policy with the copy of sale letter, payment of RC transfer fee receipt etc. with 14 days from 1/12/11. But in Ext. A7, the insurance policy, it is clearly stated that “ RC - bn DS-a-bpsS t]cv amän-bm 14 Znh-k-§Ä¡Iw hml\w Hm^o-kn ]cn-tim-[-\bv¡v hnt[-b-am¡n t]mfnkn ]pXnb DS-a-bpsS t]cn-em-t¡-­- Xm-Wv.  AÃm-¯-]£w s¢bnw e`n-¡p-¶-X-Ã.”

In this case the new RC book was issued to the complainant in his name was only on 30/12/11. On 9/01/12 the complainant applied for the transfer of insurance policy in his name. Opposite party has no disputes regarding the accident and amount spent by the complainant for repairing the vehicle. Ext.A5 and A6 shows that the complainant spent an amount of Rs. 28418/- for repairs. After effecting the repairs the complainant got back the vehicle only on 31/01/12. On the same day itself the complainant produced the vehicle before the 1^st opposite party and transferred the insurance policy in favour of the complainant. It is admitted by the opposite party also.

From the above discussions we are of the view that there is deficiency of service on the part of opposite party. In the complaint there is no specific allegation against the opposite party 2. So 2^nd opposite party is exonerated from the liabilities.

In the result complaint allowed. 1^st Opposite party is directed to pay an amount of Rs. 28,418/- ( Rupees Twentyeight thousand Four hundred and Eighteen only ) to the complainant along with Rs 4,000/- ( Rupees Four thousand only )as compensation for mental agony and Rs 1000/- (One Thousand only)as Cost of the proceedings.

Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.

Pronounced in the open court on this the 30 ^th day of October, 2012.

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1– True Photocopy of R.C. Book of vehicle bearing Reg. No : KL-07-AX-7165 dtd. 09/04/2007.

Ext.A2 – True Photocopy of R.C. Book of vehicle bearing Reg. No : KL-07-AX-7165 dtd.30/12/2011.

Ext. A3 – True Photocopy of “ Motor claim form” submitted by the complainant before the respondent on 09/01/2012

Ext.A4 – True photocopy of certificate dtd. 10/01/2012 issued by the S.I. Of Police, Mannarkkad Police Station.

Ext.A5 - Bill No. 1304 dtd. 31/01/2012 issued by Maruti Auto Spares Anas Complex, CBE Road, Kalmandapam, Palakkad to the complainant.

Ext. A6 - Bill No. 054 dtd. 31/01/2012 issued by Zain Auto Tech to the complainant.

Ext. A7 - Insurance Policy bearing No : 76110231100100008427 -Private Car Package Policy form 31/01/2012 to 13/02/2012 issued to the complainant.

Ext. A8 - Letter of “ repudiation of claim” issued by the respondent to the complainant.

Exhibits marked on the side of opposite party

Ext.B1- True copy of Policy Certificate issued by 1^st opposite party in the name of Raghavan.V.V.

Ext. B2- True copy Extract of Registration Details of Car KL – 07-AX-7165.

Ext. B3- Copy of Repudiation Letter issued by 1^st Opposite party to the petitioner with acknowledge Card.

Ext. B4- Copy of General Rules for transfer of insurance policy

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost allowed

Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.