Haryana

Karnal

CC/127/2017

Amit Kumar - Complainant(s)

Versus

SBI General Insurance Co. - Opp.Party(s)

Amardeep Singh

04 Dec 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                             Complaint No.127 of 2017

                                                         Date of instt. 03.04.2017

                                                         Date of decision:04.12.2018

                                                                                       

Amit Kumar aged about 35 years son of Shri Bharat Bhushan resident of house no.468, near Radha Krishan Mandir village Ramba Tehsil and District Karnal.                                

                                                                        …….Complainant

                                        Versus

 

SBI General Insurance Co. First Floor B.D. International, SCO no.388, 389, Karan Commercial Complex, near Guru Hari Kishan School, Sector-13, Karnal through its Branch Manager.

 

     …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.    

       

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary……Member

 

 Present   Shri Satish Arora Advocate for complainant.

                 Smt. Babli Rani Advocate for OP.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant has purchased a Maruti Swift VDI car bearing registration no.HR-29-AH-8100 from Munish on 16.10.2015. At the time of purchase of the said vehicle same was insured with the OP, vide insurance policy no.0000000003160663, valid from 5.8.2015 to 4.8.2016. In the insurance policy the value of the said vehicle was assessed Rs.5,00,000/- by OP. After purchased of the said vehicle complainant got it transferred in his name from the Registering Authority (M) Karnal. On 23.05.2016 friend of complainant namely Baldev Raj took the abovesaid car from complainant by saying that he is in need of same for two-three days for his family use. But unfortunately the same was stolen by someone on 25.5.2016 from the area of police station Butana and an FIR no.191 dated 25.5.2016 was lodged. Immediately, after the theft of the said vehicle, complainant lodged the claim with the OP and requested for paying him the compensation amount. The official of the OP got signed certain documents from the complainant and aforesaid Baldev Raj got completed certain formalities from the complainant and assured that the insurance claim be given within two months but till date no claim was given by the OP. The complainant submitted the untraced report to the OP but despite of receipt of said report no claim was settled by the OP. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to maintainability; mis-joinder and non-joinder of necessary parties; complaint is false and frivolous and violation of General Regulation 17 of Indian Motor Tariff. On merits, it is pleaded that the complainant is registered owner of the vehicle as per the registration certificate. As per policy, the name of the insured is Mr. Manish Srivastava. As per the Indian Motor Tariff there should exist insurable interest as well as insurance on tract at the time of taking policy and at the time of loss/theft. It is further pleaded 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, the date of transfer of the vehicle, the previous number of the vehicle and the number and date of the insurance policy so that the insured may make the necessary changes in his record and issue fresh certificate of the insurance. In the present case the registered owner does not have any insurable interest at the material time of loss/theft. Hence there was no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence documents Ex.C1 to Ex.C5 and closed the evidence on 21.2.2018.

4.             On the other hand, OP tendered into evidence affidavit of Jitender Dhabhai Ex.R41 and documents Ex.R1 to Ex.R40 and mark-A, mark-B and closed the evidence on 29.10.2018.

5.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

 6.            The case of the complainant is that on 16.10.2015 he purchased a Maruti Swift VDI car being registration no.HR-29-AH-8100 from Munish Shrivastava. The said car was insured with OP from 5.8.2015 to 4.8.2016. The value of the vehicle was assessed Rs.5,00,000/- by the OP. On 25.06.2016, the said car was stolen by someone and in this regard an FIR was lodged in Police Station Butana by Baldev Raj, the friend of the complainant who has taken his car on 23.5.2016. The complainant lodged his claim with the OP after completing all formalities. The police submitted untraced report on 9.9.2016 regarding the said car. OP did not pass his claim till now.

7.             On the other hand, the case of the OP is that as per the RC the complainant is registered owner of the said car. As per policy the name of the insured is Manish Shrivastava. 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, the date of transfer of the vehicle, the previous number of the vehicle and the number and date of the insurance policy so that the insured may make the necessary changes in his record and issue fresh certificate of the insurance. The old certificate of the insurance of the vehicle is required to be surrendered and fees of Rs.50/- is to be collected for issuing of the fresh certificate in the name of the transferee. The complainant did not fulfill the said condition and is not entitled for any claim.

8.             Admittedly, the car in question was stolen during the subsistence of policy. FIR was got lodged in this regard. As per the complainant he submitted his claim with the OP immediately after the incident. The claim of the complainant was repudiated on the ground that insurance policy was not got transferred by the complainant within stipulated period as per the General Regulation 17 of Indian Motor Traffic Act. The claim of the complainant is decided as per non-standard basis.

9.             In view of authority cited in Revision Petition no.1870 of 2015(NC) decided on 14.08.2018 titled as New India Assurance Co. Ltd. Versus Thirath Singh Brar and authority of our own Hon’ble State Commission in First Appeal no.717 of 2016 decided on 6.4.2017 titled as United India Insurance Company Limited and others Versus Anshul Bansal. In both judgments it was held that in case of any breach of warranty/condition of the policy the insurer is liable to pay 75% of admissible claim on non-standard basis.

10.           The proposition of law laid down by Hon’ble National Commission and Hon’ble State Commission Haryana is fully applicable to the facts of the present case. In the present case complainant violated the terms of the policy regarding non-transfer of insurance policy. Consequently, the complainant is held entitled to get 75% of the of the insured amount.

11.           As a sequel to the foregoing discussion, we accept the  complaint partly and direct the OPs to pay 75% of the repair amount i.e. Rs.3,75,000/- to the complainant. No order as to costs. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

Dated:04.12.2018

                                                                        President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)                (Dr. Rekha Chaudhary)

            Member                               Member