Complainant has filed the present Revision Petition.

          Briefly stated, the facts are that the complainant was the owner of a Scorpio car, which he had purchased from one, Mr.Prakash Chandra Rateria.  He got the car registered in his name on 5.6.2004.  The vehicle was insured for the period 2.9.2003 to 1.9.2004 in the name of the previous owner.  On 28.6.2004, the vehicle met with an accident.  It was carrying passengers unauthorizedly.  According to the petitioner, the driver of the vehicle was poisoned and the vehicle was stolen.  Petitioner filed its claim with the insurer, which was repudiated on the ground that the vehicle was being used against the terms of the policy and that subsequent to transfer of ownership vehicle, insurance policy was not got transferred in the name of the complainant within 14 days as envisaged under GR 17.  Aggrieved by this, petitioner filed a complaint before the District Forum. 

District Forum, vide its order dated 11.6.2007, dismissed the complaint with costs which was assessed at Rs.1,500/-.  Petitioner thereafter filed an appeal before the State Commission, which has been dismissed by the impugned order. 

Costs imposed by the District Forum have been paid.

We agree with the view taken by the State Commission.  GR 17 of India Motor Tariff, which came into force from 30.6.2002, reads as under :

                    “GR 17.  Transfers

On transfer of ownership, the Liability Only cover, either under a Liability Only policy or under a Package Policy, is deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of transfer.

The transferee shall apply within fourteen 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 policy so that the insurer may make the necessary changes in his record and issue fresh Certificate of Insurance.

In case of Package Policies, transfer of the “Own Damage” section of the policy in favour of the transferee, shall be made by the insurer only on receipt of a specific request from the transferee along with consent of the transferor. If the transferee is not entitled to the benefit of the No Claim Bonus (NCB) shown on the policy, or is entitled to a lesser percentage of NCB than that existing in the policy, recovery of the difference between the transferee’s entitlement, if any, and that shown on the policy shall be made before effecting the transfer. 

A fresh Proposal Form duly completed is to be obtained from the transferee in respect of both Liability Only and Package Policies. 

Transfer of Package Policy in the name of the transferee can be done only on getting acceptable evidence of sale and a fresh proposal form duly filled and signed.  The old Certificate of Insurance for the vehicle, is required to be surrendered and a fee of Rs.50/- is to be collected for issue of fresh Certificate in the name of the transferee. If for any reason, the old Certificate of Insurance cannot be surrendered, a proper declaration to that effect is to be taken from the transferee before a new Certificate of Insurance is issued.

The decision of the State Commission is in accordance with GR 17, which is binding on the insurer as well as the insured.

We do not find any error in the order passed by the State Commission.  Dismissed.