BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR
Consumer Complaint No. : 73 of 14.10.2021
Date of decision : 19.09.2022
Ajmer Singh (since deceased) son of Sh. Sarwan Singh through his legal heirs
- Jaswinder Kaur aged about 48 years widow of Sh. Ajmer Singh
- Satwant Singh aged about 23 years son of Late Sh. Ajmer Singh, both residents of Village Billpur PO Nurpur Bedi, Tehsil Sri Anandpur Sahib, District Rupnagar
......Complainants
Versus
New India Assurance Company through its Branch Manager, Branch Office, Nangal Chownk, Rupnagar, Tehsi & District Rupnagar
...Opposite Party
Complaint under Consumer Protection Act
QUORUM
SH. RANJIT SINGH, PRESIDENT
SMT. RANVIR KAUR, MEMBER
ARGUED BY
Sh. S.S. Rattan, Adv. for complainant
Sh. Jaskaran Singh Sekhon, Adv. counsel for O.P.
ORDER
SH. RANJIT SINGH, PRESIDENT
The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Party on the ground that Sh. Ajmer Singh had died on 06.06.2021. The complainant No.1 is widow of insured and complainant No.2 of his son. The husband of the complainant No.1 had purchased Tractor Swaraj 855 bearing registration No.PB-07-BD-4542 from Sh. Kuldeep Singh son of Sh. Amrik Singh resident of VPO Rudki Khas, Tehsil Garhshankar, District Hoshiarpur on 29.09.2020. The said tractor was insured from the OP in the name of Sh. Kuldeep Singh, the risk of policy covered from 15.12.2020 to 14.12.2021. After purchase, husband of complainant No.1 had visited the office of OP and informed regarding the purchase of the said tractor. He had also requested the Insurance Company that the said tractor be transferred in his name. The OP told him that before transferring the RC in his name, the Insurance Company is not able to transfer the said vehicle in his name. After purchase, he had submitted all the documents to the Registration Authority for transferring of ownership. Due to COVID 19 the Registration Authority had not transferred the said vehicle in the name of Sh. Ajmer Singh (husband of the complainant) in time. It is further alleged that on 19.03.2021, the tractor met with accident, information regarding the accident had been given to the Insurance Company in time. After receiving the information, the Insurance Company deputed surveyor. The complainant Sh. Ajmer Singh had supplied estimate i.e. Rs.2,16,716/- to surveyor. All the required documents along with purchase bill Rs.1,89,934/- had also been supplied by Sh. Ajmer Singh. Sh. Ajmer Singh, completed all the formalities and submitted all the documents in time to the OPs. Thereafter, the complainant had received a repudiation letter dated 24.8.2021 as the complainants have no insurable interest. Thus, alleging deficiency in service, the complainant sought the following relief against the Ops:-
- To pay the claim amount of Rs.2,16,716/- along with interest @ 12% per annum from the date of accident i.e. on 19.03.2021
- To pay Rs.1,00,000/- as compensation
- To pay Rs.50,000/- as litigation expenses.
2. In reply, the OP has filed written reply taking preliminary objections; that the complaint is not maintainable against the answering OP; that there is no deficiency in service on the part of the OP; that the complainant has not come to this Court with clean hands. On merits, it is stated that as per section 2(30) of the Motor Vehicle Act, 1988 owner is the person in whose name the vehicle stands registered and pre requisite for a consumer purchasing the policy for his vehicle to be insured with the insurance company is that the consumer should satisfy requirements of being effective and being qualified owner. The consumer should first and foremost provide document i.e. Registration Certificate in relation to his claim of ownership over the vehicle thus Ajmer Singh husband of the complainant had neither purchased the vehicle nor was the registered owner of the alleged tractor proving his title of ownership over the alleged vehicle. Husband of the complainant had not purchased the alleged tractor. The OPs had renewed the insurance policy on the name of Kuldeep Singh as he is the registered owner. It is further stated that it is well established proposition of law that the person who is the holder of the registration certificate specifically endorsed by the registering authority of the state and also holds the insurance policy on his name is considered to be the owner of the vehicle as per Motor Vehicle Act, 1988. But deceased Ajmer Singh was not holding a valid and effective registration certificate nor any insurance proving his title to ownership of the tractor bearing registration No.PB-07-BD-4542 at the time of the alleged accident. The claim of the complainant has rightly repudiated by the OPs. Thus, alleging no deficiency in service on the part of OPs and prayed for dismissal the present complaint.
3. The learned counsel for the parties have tendered certain documents in support of their version and closed the evidence.
4. We have heard the learned counsel for the parties and have gone through the record file, carefully and minutely.
5. The complainant No.1 & complainant No.2 are the legal heirs of Sh. Ajmer Singh (now deceased). It is important to mention here that Sh. Ajmer Singh, had applied the Registration Certificate on 16.12.2020 but due to COVID-19, the competent authority is unable to issue the Registration Certificate in favour of Sh. Ajmer Singh. The learned counsel for the complainants has placed on record Ex.C7, vide which the tractor in question has been transferred in his name. Ex.C8 speaks that after registration except Sh. Ajmer Singh, neither registered nor transferred the tractor in question in the name of other person. It is important to mention here that when the RC was transferred to Ajmer Singh then insurable interest also belonged to Ajmer Singh. How the Insurance Company repudiated the claim of the complainants. We are of the view that the above said ground of repudiation of the claim is legally
6. In view of our above discussion, we allow the complaint with the directions to the OP to pay Rs.1,89,934/- along with interest @ 7% per annum from the date of repudiation of the claim. The OP is also directed to pay a consolidated amount of Rs.20,000/- to the complainants. The OP is further directed to comply with the said order within a period of 30 days from the date of receipt of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.
ANNOUNCED (RANJIT SINGH)
Dated.19.09.2022 PRESIDENT
(RANVIR KAUR)
MEMBER
