DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 78 of 23-2-2012
Decided on 17-07-2012
1. Sunita Devi aged about 42 years widow of Amritpal son of Ram Sarup Mastar.
Abhijeet aged about 19 years son of Amritpal.
Saurav Minor son of Amritpal aged about 17 years through his mother Sunita Devi next friend and natural guardian of the minor complainant.
Gauran Devi aged about 72 years wife of Ram Sarup(Mother) all are resident of H.No.16, Ward No. 7 , Old SBI Street, Maur Mandi, Distt. Bathinda.
........Complainants
Versus
Oriental Insurance Co.Ltd. , Bank Bazar, Bathinda, through its Divisional Manager.
.......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member
Present:-
For the Complainants: Sh. Naresh Garg, counsel for the complainants.
For Opposite party: Sh. Vinod Garg counsel for opposite party.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainants have filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an ’Act’). The brief facts of the complaint are that the instant complaint has been filed by the class-I legal heirs of Amrit Pal(Now Deceased) who is the registered owner of Maruti Alto car bearing No.PB-03-U-4570 Model September, 2009. He purchased the abovesaid car from Vijay Kumar son of Basant Lal R/o Raman Mandi alongwith its comprehensive package Insurance Cover Note No.993608 dated 9.10.2010 of the opposite party. The registration of the abovesaid car was duly transferred in the name of Amrit Pal on 14.7.2011 with DTO Bathinda. The IDV of said car was Rs.2,35,000/-. The opposite party covers P.A for the sum of Rs. 2 lacs for registered owner-cum-driver under GR-36 of Indian Motor Tariff. The abovesaid insurance cover note was valid from 13.10.2010 to 12.10.2011. The opposite party never supplied any policy with terms and conditions to the complainants. The abovesaid car met with an accident on 24.7.2011 within 10 days from date of transfer in the revenue limits of police station Maur, Distt. Bathinda while Amrit Pal registered owner-cum-driver was driving the said car and died in the said accident. In this regard the DDR was duly lodged with the police station, Maur on 24.7.2011. The complainants applied for the transfer of the insurance cover note and alleged that 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 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 alongwith 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 in the policy shall be made before effecting the transfer. A fresh proposal from 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 transferee can be done only on getting acceptable evidence of sale and a fresh proposal form duly filled and signed. The old certificate of the insurance of 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 other 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 RC has been transferred on 14.7.2011 and the accident took place on 24.7.2011 within 10 days, as such, the accident took place within 14 days of grace period and as per GR-17 the insurance 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 complainants further alleged that Amrit Pal also died in this accident, as such, when the complainant searched the belongings of Amrit Pal found the above said cover note and immediately informed to the opposite party No.1 vide registered letter dated 14.8.2011. On 16.8.2011 lodged the claim under GR-36 of compulsory P.A. for the sum of Rs.2 lacs and also sent the photocopy of documents i.e. Insurance cover note, R.C., D.L., PMR, Death Certificate, Copy of voter Cards and DDR etc. The opposite party appointed Mr. Kiranjit Singh Romana as Investigator to visit the house of complainant on 23.8.2011. He recorded the statement of complainant No.1 and took the signatures of complainant No.1 on the claim form and also took on the necessary papers i.e. Voter Card, Ration Card etc. And also took the signatures of Sat Pal Garg on some blank papers. The complainants had written a registered letter dated 16.9.2011 to the opposite party to pay their claim. Thereafter, they wrote third reminder dated 3.2.2012 to the opposite party but no heed was paid to his requests.
The complainant No.1 has lodged the claim of the car of Amrit Pal with the opposite party which was accepted by this Forum on 11.1.2012. in CC No.540 of 02.11.2011, but till date the opposite party did not comply with the said order. Now, the complainants have filed the present complaint for seeking the directions of this forum to the opposite party to pay claim on account of P.A alongwith interest, cost and compensation.
2. Notice was sent to the opposite party after appearing before this Forum, it filed its written statement. The opposite party pleaded that the complainants have concealed material facts and documents from this Forum and the opposite party pleaded that the vehicle in question must have been purchased by deceased Amrit Pal prior to 14.7.2011 but there was no intimation to the opposite party for transfer of insurance in writing within 14 days from the date of transfer as per G.R -17 read with section 157 of Motor Vehicle Act. The complainants have not intentionally disclosed the actual date of purchase of the said vehicle by way of affidavit or otherwise or any such document has been placed on the file. The opposite party had denied that the policy alongwith terms and conditions was not supplied to the complainants. The deceased Amrit Pal was supposed to intimate the opposite party in writing regarding transfer of the ownership within 14 days from the date of purchase of vehicle not from the date of transfer of registration certificate. The opposite party further pleaded that the investigator has not obtained the signatures of Sat Pal Garg on any blank papers. As per G.R-17 of IMT read with section 157 of Motor Vehicle Act, in case of transfer of ownership of the vehicle, the transferee shall apply within 14 days from the date of purchase in writing to the insurer with details of R.C., date of transfer of vehicle, the previous owner of the vehicle and number of date of insurance policy so that the insurer may make necessary changes in his record and issue fresh certificate of insurance. Necessary fee of Rs.50/- also to be deposited for the transfer of insurance. Although the registration certificate of car No.PB-03U-4570 was transferred in the name of Amrit Pal on 14.7.2011 but upto the date of accident i.e. 24.7.2011, no intimation was given to the opposite party nor the policy was got transferred in his name nor any application/proposal form was submitted.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The complainants submitted that the vehicle bearing No.PB-03U-4570, comprehensively insured vide cover note No.993608 dated 9.10.2010 for the IDV of Rs.2,35,000/- insurance was valid from 13.10.2010 to 12.10.2011. The abovesaid car met with an accident in the revenue limits of the police station, Maur District Bathinda on 24.7.2011 within 10 days from the date of transfer, while Amrit Pal owner-cum-driver driving the said car died and DDR was duly lodged with police on 24.7.2011. As such when the belonging of Amrit Pal was searched the legal heirs of Amrit Pal found cover note issued the opposite party and informed the opposite party vide letter dated 14.8.2011 and lodged the claim under GR-36 of compulsory P.A. for the sum of Rs.2 lacs and also sent the photocopy of the documents. Insurance cover note, R.C., D.L., PMR, Death Certificate, copy of Voter Cards and DDR etc. The investigator Mr. Kiranjit Singh was appointed in this case, he visited the house of the complainants on 23.8.2011 and recorded their statements and took the signatures of complainant No.1 on claim form. He again took the necessary papers i.e. voter cards, ration cards etc and obtained the signatures of Sat Pal on some blank papers. The complainant No.1 also lodged the claim of the said vehicle with the opposite party which was repudiated by the opposite party. The opposite party filed the complaint CC No.540/2.11.2011 before this Forum which was accepted vide order dated 11.1.2012. The complainants submitted that DM of OIC i.e. opposite party is sitting on the claim of the complainants for last more than 6 months and has not paid claim to the complainants.
6. The opposite party on the other hand submitted that the deceased Amrit Pal must have purchased the said vehicle prior to 14.7.2011 but there was no intimation to the opposite party for transfer of insurance in writing within 14 days from the date of transfer as per GR-17 read with section 157 of Motor Vehicle Act as such, no claim is payable in the present case.
As per GR-17 of IMT read with section 157 of Motor Vehicle Act, in case of transfer of ownership of vehicle, the transferee shall apply within 14 days from the date of purchase in writing to the insurer with details of R.C., date of transfer of vehicle, the previous owner of the vehicle and number and date of insurance policy so that the insurer may make necessary changes in his record and issue fresh certificate of insurance. Necessary fee of Rs.50/- is also to be deposited for the transfer of insurance. The abovesaid car was transferred in the name of Amrit Pal on 14.7.2011 but the vehicle must have purchased prior to 14.7.2011 but till 24.7.2011, no intimation was given to the opposite party nor the policy was got transferred in his name nor any application/ proposal form was submitted. The opposite party further submitted that there is no provision of automatic transfer of insurance for own damage & P.A. claim as alleged by the complainants. The benefit is available only qua third party claims. In GR-17, the provision for automatic transfer is mentioned for liability only cover i.e. for third party claims. The procedure is mentioned for transfer for insurance qua own damage claims in case of package policies etc. the policy in question is also a package policy. The opposite party has further submitted that the earlier order of this Forum dated 11.1.2012 was ex-parte order and that too has been stayed by Hon’ble State Commission vide Ex.R10. The Hon’ble State Commission has seized of the matter and on that account, the present case is liable to be dismissed/stayed.
7. The complainants have filed the earlier complaint vide CC No.540 dated 02.11.2011 decided on 11.1.2012, in this complaint the complainants have claimed for the accident of vehicle only and has never claimed for personal accident claim for the personal accident(P.A). The complainants have filed two separate complaints, i.e. the present complaint and complaint bearing No.CC 540 of 2.11.2011 that has already been decided by this Forum. The complainants have specifically written in their complaint that when the belongings of the deceased Amritpal were searched, they found the cover note of the policy and found that the deceased had paid the premium towards the personal accident and had filed the second complaint vide CC No.231 of 2012. In this complaint also the matter in dispute is that the insurance cover note is to be transferred within 14 days from the date of transfer of registration of the vehicle and this point was already decided in the previous complaint vide CC No.540 of 2.11.2011 decided on 11.1.2012. The opposite party filed an appeal to the said complaint before the Hon’ble State Commission. The matter is stayed by the Hon’ble State Commission.
8. In both the complaints i.e. CC No.540 of 02.11.2011 decided on 11.1.2012 and in CC No.78 of 23.2.2012 the matter is same, the complainants are same, the opposite party is same and the insurance cover note also same. The complainants were well aware of the insurance cover-note when they have filed the previous complaint i.e. the P.A claim is also in existence. Why they have filed separate claim with opposite party and a separate complaint before this Forum, is not understandable at all.
9. The complainant cannot knock the door of this Forum again and again. He has filed two different complaints for two different claims in the same policy. Thus, the complaint is barred by res-judicata under Section 11 of Civil Procedure Code. The relevant portion of section 11 is reproduced:-
“Res-judicata.- No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court”.
10. Therefore, in view of what has been discussed above, the second complaint on the same cause of action is not maintainable. Thus, this complaint is dismissed without any order as to cost.
11. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
17-07-2012 (Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
