BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI .A : MEMBER SMT. S.K. SREELA : MEMBER
O.P. No. 144/2003 Filed on 04/04/2003 Dated: 30..09..2009
Complainant: R. Mohanan, Mudumbil Veedu, T.C.77/325, Chakkai, Pettah- P.O., Thiruvananthapuram – 24. (By Adv. Vettoor S. Prakash)
Opposite parties: The New India Assurance Co.Ltd., D.O.II, K.N.Mathew Building, G.A.Koil Road, Thiruvananthapuram – 695 001. Represented by its Senior divisional Manager. (By Adv.M. Nizamudeen)
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 20/04/2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 30..08..2009, the Forum on 30..09..2009 delivered the following:
ORDER
SHRI.G. SIVAPRASAD, PRESIDENT: The facts leading to the filing of the complaint are that, complainant had purchased a Matador Max Van with Reg.No.KL 01-B-6601 from Mr. Thomas Kurian and R.C was changed in the complainant's name with effect from 11/7/2002, that the person who sold the said vehicle to the complainant had taken insurance for the vehicle from the opposite party and the interest in the policy is transferred to and vested in the complainant from 8/1/2003 to 14/11/2003 with policy No.761400/31/02/14432, and that the complainant had paid Rs.50/- towards transfer fees to the opposite party and the opposite party issued a certificate of transfer endorsement to the complainant. Complainant's vehicle hit against a tree at Kallumkadavu, Pathanapuram on 9/1/2003 and the vehicle was damaged. Complainant had filed an application before the opposite party claiming an amount of Rs.20,339/-, but opposite party sent a reply dated 14/3/2003 repudiating the claim. Hence this complaint to direct opposite party to pay an amount of Rs.20,338/- with interest at the rate of 12% per annum and compensation of Rs.10,000/- to the complainant. 2. Opposite party filed version contending that the complaint is not maintainable, that although the ownership of the vehicle with the R.C book has been transferred with effect from 11/07/2002 to the complainant, the insurance policy was not transferred to the complainant as required under the provision of Motor Tariff, that on expiry of the said policy in order to get the benefit of “no claim bonus”, the complainant renewed the policy in the name of the previous owner Sri. Thomas Kurian. By continuing the insurance policy in the name of the person who had sold the vehicle, complainant has forfeited the benefit of interest and also committed breach of condition of the policy, that the opposite party was therefore unable to entertain the claim and the same was informed to the complainant vide letter dated 28/2/2003. On receipt of the claim form from the complainant opposite party deputed independent licensed Surveyor and Loss Assessor to conduct the survey and assess the loss caused to the vehicle. Survey report filed on 18/2/2003 in which surveyor has stated that prior to his visit to the workshop, the front panel of the vehicle was found cut and removed and that the genuineness of the claim has to be proved. There is no deficiency in service on the part of opposite party. Hence opposite party prayed for dismissal of the complaint.
The points that arise for consideration are:
Whether complainant is entitled to get a sum of Rs.20,338/- from the opposite party? Whether there has been deficiency in service on the part of opposite party? Whether the complainant is entitled to get compensation and costs?
4. In support of the complaint, complainant has filed affidavit in lieu of examination in chief and Exts.P1 to P9 were marked. In rebuttal, opposite party has filed counter affidavit and Exts.D1 to D9 were marked. 5. Points (i) to (iii): : It has been the case of the complainant that, complainant purchased a Matador Max Van with Reg.No.KL 01-E-6601 from Mr. Thomas Kurian and R.C book was changed in the name of the complainant with effect from 11/7/2002, that the former owner had insured the said vehicle with the opposite party and the interest in the policy is transferred to and vested in the complainant from 8/12/2003 to 14/11/2003 vide policy No.761400/31/02/14432 and that complainant had paid Rs.50/- towards transfer fee to opposite party and opposite party had issued a certificate of transfer endorsement to the complainant. It has also been the case of the complainant that the said vehicle hit against a tree at Kallumkadavu, Pathanapuram on 9/1/2003 and the vehicle was damaged, and on 10/1/2003 the accident was intimated to the opposite party and submitted a claim form also. It is further argued by the complainant that he had intimated the alleged accident to Pathanapuram Police Station and that for repairing the said vehicle complainant had spent an amount of Rs.20,339/-, but opposite party refused to pay the amount claimed. Ext.P1 is the copy of the certificate of registration showing the transfer of ownership of the said vehicle in the name of the complainant with effect from 11/7/2002. Ext P2 is the copy of the endorsement schedule issued by opposite party. A perusal of Ext.P2 reveals that from 8/1/2003 the interest in the policy No.761400/31/02/14432 transferred to and vested in the name of the complainant and that the said policy would expire on 14/11/2003. Ext.P3 is the copy of the receipt dated 8/1/2003 for Rs.50/- towards transfer fees, issued by the opposite party to the complainant. Ext.P4 is the copy of the cash bill dated 14/1/2003 for Rs.648/-, issued by Seetha Stores to KL 01 E 6601. Ext.P5 is the copy of the cash bill dated 20/1/2003 for Rs.12,110/- issued by Natarajan Motor works to KL 01 E 6601 Matador Max. Ext.P6 is the copy of the cash bill dated Nil for Rs.750/- issued by Natarajan Motor Works to KL 01 E 6601. Ext.P7 is the copy of cash/credit bill dated Nil for Rs.7,829.64 issued by Swaraj Motors to KL 01 E 6601 Matador Max. Ext.P8 is the copy of the Extract of GD page No.2 of Pathanapuram Police Station dated 20/1/2003. As per Ext.P8 it is seen reported that on 20/1/2003 at 3 P.M the complainant's son had reported about the aforesaid accident to Police Station, Pathanapuram. It is stated in Ext.P8 that no case has been registered as requested by the complainant since there was no injury to persons except the vehicle damage. Ext.P9 is the copy of the letter dated 14/3/2003 issued by the opposite party to the complainant informing him of opposite party's inability to entertain the claim preferred by the complainant, as insurance policy in the name of the person who had sold the vehicle has forfeited the benefit of insurance interest. It is argued by the opposite party that although the ownership of the vehicle as per the RC book has been transferred with effect from 11/7/2002 to the complainant, the insurance policy was not transferred to the complainant as required under the provision of Motor Tariff; that after the sale of the said vehicle to complainant on 11/7/2002, the policy which then existed in respect of the vehicle expired on 13/11/2002 and that on expiry of the said policy in order to get the benefit of 'no claim bonus', the complainant renewed the policy in the name of the previous owner Sri. Thomas Kurian. Ext.D2 is the Survey Report, the net liability assessed by the Surveyor is Rs.6,983.10. Ext.D3 is the Re-inspection Report filed by the Surveyor. It is seen reported in Ext.D3 that the vehicle had been repaired satisfactorily as per the labour schedule approved and replacement of spares effected with new ones, neately painted and revised to roadworthy condition. It is pertinent to note that in Ext.D2, Survey Report, Surveyor Observations/Remarks is seen – It reads as under, “Prior to my visit at the workshop the vehicle front panel was found cut and removed condition on the RH side. Discussions with the insured reveals that the said work had been carried out for moving the vehicle to the workshop. The front LH side door and the side body panel on RH side was affected with bent and bucking and the insured admitted that the same was connected with the reported occurance. Since the said front panel was cut and removed prior to the inspection from the Surveyor, the genuineness of the claim is yet to be proved by arranging a spot investigation”. It is pertinent to note that the Surveyor's remarks/observations was mentioned in the version as well as counter affidavit filed by the opposite party, complainant did not deny the same in his affidavit. Hence the genuineness of the claim not proved. The initial onus of proving the claim would rest on the complainant. Further, it is the very case of the opposite party that although the ownership of the said vehicle with RC book has been transferred to the name of the complainant, with effect from 11/7/2002, the insurance policy continued to be renewed in the name of Mr. Thomas Kurian who had sold the vehicle to the complainant, thereby forfeited the benefit of insurable interest and violated the conditions of the said policy. In view of the matter, and in the light of available evidence on record, we find nothing to attribute deficiency on the part of the opposite party in repudiating policy. Complaint has no merits which deserves to be dismissed.
In the result, complaint is dismissed. Both parties shall bear and suffer their costs.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of September, 2009.
G. SIVAPRASAD PRESIDENT.
BEENA KUMARI. A : MEMBER
S.K. SREELA : MEMBER
ad.
O.P.No. 144/2003 APPENDIX
I. Complainant's witness : NIL II. Complainant's documents: P1 : Copy of certificate of registration of Reg.No.KL-01-E-6601 P2 : Photocopy of policy schedule No.761400/31/02/14432. P3 : “ receipt dated 8/1/2003. P4 : “ cash bill dated 14/1/2003 for Rs.648/-. P5 : “ cash bill dated 20/1/2003 for Rs.12,110/-. P6 : “ cash bill for Rs.12,860/-. P7 : “ cash credit bill for Rs.7,829/- P8 : “ extract of G.O page No.2 of Pathanapuram Police Station dated 20/1/2003. P9 : “ letter dated 14/3/2003.
III. Opposite party's witness : NIL IV. Opposite party's documents: D1 : Photocopy of Motor Claim Form dated 10/1/2003 submitted by the complainant to the opp. Party. D2 : Copy of Motor Survey Report dated 18/2/2003 submitted by Insurance Surveyor and Loss Assessor. D3 : Copy of Motor Re-inspection Report dated 18/2/2003. D4 : Photocopy of letter dated 28/2/2003 issued by the opposite party to the complainant. D5 : “ dated 14/3/2003 ” D6 : “ policy No.761400/31/02/14432 issued by the opposite party valid from 15/11/2002 to 14/11/2003. D7 : Photocopy of certificate of Insurance of Goods carrying 1 other than 3 public carriers valid from 15/11/2002 to 14/11/2003 issued by the opposite party. D8 : “ of certificate of Insurance of Goods carrying Own Goods Policy No. 3176140065 907 issued by opposite party valid from 15/11/01 to 14/11/02.
PRESIDENT.
ad. BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI .A : MEMBER SMT. S.K. SREELA : MEMBER
O.P. No. 144/2003 Filed on 04/04/2003 Dated: 30..09..2009
Complainant: R. Mohanan, Mudumbil Veedu, T.C.77/325, Chakkai, Pettah- P.O., Thiruvananthapuram – 24. (By Adv. Vettoor S. Prakash)
Opposite parties: The New India Assurance Co.Ltd., D.O.II, K.N.Mathew Building, G.A.Koil Road, Thiruvananthapuram – 695 001. Represented by its Senior divisional Manager. (By Adv.M. Nizamudeen)
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 20/04/2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 30..08..2009, the Forum on 30..09..2009 delivered the following:
ORDER
SHRI.G. SIVAPRASAD, PRESIDENT: The facts leading to the filing of the complaint are that, complainant had purchased a Matador Max Van with Reg.No.KL 01-B-6601 from Mr. Thomas Kurian and R.C was changed in the complainant's name with effect from 11/7/2002, that the person who sold the said vehicle to the complainant had taken insurance for the vehicle from the opposite party and the interest in the policy is transferred to and vested in the complainant from 8/1/2003 to 14/11/2003 with policy No.761400/31/02/14432, and that the complainant had paid Rs.50/- towards transfer fees to the opposite party and the opposite party issued a certificate of transfer endorsement to the complainant. Complainant's vehicle hit against a tree at Kallumkadavu, Pathanapuram on 9/1/2003 and the vehicle was damaged. Complainant had filed an application before the opposite party claiming an amount of Rs.20,339/-, but opposite party sent a reply dated 14/3/2003 repudiating the claim. Hence this complaint to direct opposite party to pay an amount of Rs.20,338/- with interest at the rate of 12% per annum and compensation of Rs.10,000/- to the complainant. 2. Opposite party filed version contending that the complaint is not maintainable, that although the ownership of the vehicle with the R.C book has been transferred with effect from 11/07/2002 to the complainant, the insurance policy was not transferred to the complainant as required under the provision of Motor Tariff, that on expiry of the said policy in order to get the benefit of “no claim bonus”, the complainant renewed the policy in the name of the previous owner Sri. Thomas Kurian. By continuing the insurance policy in the name of the person who had sold the vehicle, complainant has forfeited the benefit of interest and also committed breach of condition of the policy, that the opposite party was therefore unable to entertain the claim and the same was informed to the complainant vide letter dated 28/2/2003. On receipt of the claim form from the complainant opposite party deputed independent licensed Surveyor and Loss Assessor to conduct the survey and assess the loss caused to the vehicle. Survey report filed on 18/2/2003 in which surveyor has stated that prior to his visit to the workshop, the front panel of the vehicle was found cut and removed and that the genuineness of the claim has to be proved. There is no deficiency in service on the part of opposite party. Hence opposite party prayed for dismissal of the complaint.
The points that arise for consideration are:
Whether complainant is entitled to get a sum of Rs.20,338/- from the opposite party? Whether there has been deficiency in service on the part of opposite party? Whether the complainant is entitled to get compensation and costs?
4. In support of the complaint, complainant has filed affidavit in lieu of examination in chief and Exts.P1 to P9 were marked. In rebuttal, opposite party has filed counter affidavit and Exts.D1 to D9 were marked. 5. Points (i) to (iii): : It has been the case of the complainant that, complainant purchased a Matador Max Van with Reg.No.KL 01-E-6601 from Mr. Thomas Kurian and R.C book was changed in the name of the complainant with effect from 11/7/2002, that the former owner had insured the said vehicle with the opposite party and the interest in the policy is transferred to and vested in the complainant from 8/12/2003 to 14/11/2003 vide policy No.761400/31/02/14432 and that complainant had paid Rs.50/- towards transfer fee to opposite party and opposite party had issued a certificate of transfer endorsement to the complainant. It has also been the case of the complainant that the said vehicle hit against a tree at Kallumkadavu, Pathanapuram on 9/1/2003 and the vehicle was damaged, and on 10/1/2003 the accident was intimated to the opposite party and submitted a claim form also. It is further argued by the complainant that he had intimated the alleged accident to Pathanapuram Police Station and that for repairing the said vehicle complainant had spent an amount of Rs.20,339/-, but opposite party refused to pay the amount claimed. Ext.P1 is the copy of the certificate of registration showing the transfer of ownership of the said vehicle in the name of the complainant with effect from 11/7/2002. Ext P2 is the copy of the endorsement schedule issued by opposite party. A perusal of Ext.P2 reveals that from 8/1/2003 the interest in the policy No.761400/31/02/14432 transferred to and vested in the name of the complainant and that the said policy would expire on 14/11/2003. Ext.P3 is the copy of the receipt dated 8/1/2003 for Rs.50/- towards transfer fees, issued by the opposite party to the complainant. Ext.P4 is the copy of the cash bill dated 14/1/2003 for Rs.648/-, issued by Seetha Stores to KL 01 E 6601. Ext.P5 is the copy of the cash bill dated 20/1/2003 for Rs.12,110/- issued by Natarajan Motor works to KL 01 E 6601 Matador Max. Ext.P6 is the copy of the cash bill dated Nil for Rs.750/- issued by Natarajan Motor Works to KL 01 E 6601. Ext.P7 is the copy of cash/credit bill dated Nil for Rs.7,829.64 issued by Swaraj Motors to KL 01 E 6601 Matador Max. Ext.P8 is the copy of the Extract of GD page No.2 of Pathanapuram Police Station dated 20/1/2003. As per Ext.P8 it is seen reported that on 20/1/2003 at 3 P.M the complainant's son had reported about the aforesaid accident to Police Station, Pathanapuram. It is stated in Ext.P8 that no case has been registered as requested by the complainant since there was no injury to persons except the vehicle damage. Ext.P9 is the copy of the letter dated 14/3/2003 issued by the opposite party to the complainant informing him of opposite party's inability to entertain the claim preferred by the complainant, as insurance policy in the name of the person who had sold the vehicle has forfeited the benefit of insurance interest. It is argued by the opposite party that although the ownership of the vehicle as per the RC book has been transferred with effect from 11/7/2002 to the complainant, the insurance policy was not transferred to the complainant as required under the provision of Motor Tariff; that after the sale of the said vehicle to complainant on 11/7/2002, the policy which then existed in respect of the vehicle expired on 13/11/2002 and that on expiry of the said policy in order to get the benefit of 'no claim bonus', the complainant renewed the policy in the name of the previous owner Sri. Thomas Kurian. Ext.D2 is the Survey Report, the net liability assessed by the Surveyor is Rs.6,983.10. Ext.D3 is the Re-inspection Report filed by the Surveyor. It is seen reported in Ext.D3 that the vehicle had been repaired satisfactorily as per the labour schedule approved and replacement of spares effected with new ones, neately painted and revised to roadworthy condition. It is pertinent to note that in Ext.D2, Survey Report, Surveyor Observations/Remarks is seen – It reads as under, “Prior to my visit at the workshop the vehicle front panel was found cut and removed condition on the RH side. Discussions with the insured reveals that the said work had been carried out for moving the vehicle to the workshop. The front LH side door and the side body panel on RH side was affected with bent and bucking and the insured admitted that the same was connected with the reported occurance. Since the said front panel was cut and removed prior to the inspection from the Surveyor, the genuineness of the claim is yet to be proved by arranging a spot investigation”. It is pertinent to note that the Surveyor's remarks/observations was mentioned in the version as well as counter affidavit filed by the opposite party, complainant did not deny the same in his affidavit. Hence the genuineness of the claim not proved. The initial onus of proving the claim would rest on the complainant. Further, it is the very case of the opposite party that although the ownership of the said vehicle with RC book has been transferred to the name of the complainant, with effect from 11/7/2002, the insurance policy continued to be renewed in the name of Mr. Thomas Kurian who had sold the vehicle to the complainant, thereby forfeited the benefit of insurable interest and violated the conditions of the said policy. In view of the matter, and in the light of available evidence on record, we find nothing to attribute deficiency on the part of the opposite party in repudiating policy. Complaint has no merits which deserves to be dismissed.
In the result, complaint is dismissed. Both parties shall bear and suffer their costs.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of September, 2009.
G. SIVAPRASAD PRESIDENT.
BEENA KUMARI. A : MEMBER
S.K. SREELA : MEMBER
ad.
O.P.No. 144/2003 APPENDIX
I. Complainant's witness : NIL II. Complainant's documents: P1 : Copy of certificate of registration of Reg.No.KL-01-E-6601 P2 : Photocopy of policy schedule No.761400/31/02/14432. P3 : “ receipt dated 8/1/2003. P4 : “ cash bill dated 14/1/2003 for Rs.648/-. P5 : “ cash bill dated 20/1/2003 for Rs.12,110/-. P6 : “ cash bill for Rs.12,860/-. P7 : “ cash credit bill for Rs.7,829/- P8 : “ extract of G.O page No.2 of Pathanapuram Police Station dated 20/1/2003. P9 : “ letter dated 14/3/2003.
III. Opposite party's witness : NIL IV. Opposite party's documents: D1 : Photocopy of Motor Claim Form dated 10/1/2003 submitted by the complainant to the opp. Party. D2 : Copy of Motor Survey Report dated 18/2/2003 submitted by Insurance Surveyor and Loss Assessor. D3 : Copy of Motor Re-inspection Report dated 18/2/2003. D4 : Photocopy of letter dated 28/2/2003 issued by the opposite party to the complainant. D5 : “ dated 14/3/2003 ” D6 : “ policy No.761400/31/02/14432 issued by the opposite party valid from 15/11/2002 to 14/11/2003. D7 : Photocopy of certificate of Insurance of Goods carrying 1 other than 3 public carriers valid from 15/11/2002 to 14/11/2003 issued by the opposite party. D8 : “ of certificate of Insurance of Goods carrying Own Goods Policy No. 3176140065 907 issued by opposite party valid from 15/11/01 to 14/11/02.
PRESIDENT.
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
