Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 507.
Instituted on : 18.10.2018.
Decided on : 15.09.2020.
Sandeep Singh, aged 34 years, son of Balwant Singh, resident of village M.P. Majra, Tehsil Beri, District Jhajjar.
………..Complainant.
Vs.
Tata AIG General Insurance Company Ltd. 2nd Floor, Narayana Complex, Rohtak(Haryana) through its Branch Manager.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SMT. RENU CHAUDHARY, MEMBER.
Present: Sh. Karun Bhardwaj, Advocate for the complainant.
Sh. Gulshan Chawla, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant, who is an Advocate by profession, purchased a used Car Grand I-10 Asta, Model no.2013 bearing registration no.HR-26CD-1377, which was duly insured with the opposite party vide policy No.015797346200 from Sonu Yadav son of Dharampal and after purchasing the car, the complainant collected all necessary documents including N.O.C. and deposited the same to registration authority S.D.O. Beri(Jhajjar), for transferring the car in his name on dated 20.7.2018. As per application/receipt dated 20.7.2018, the process of transfer time was from 20.7.2018 to 10.8.2020 but the registration certificate in the name of the complainant was actually delivered on dated 13.8.2018. During the transfer process time, the car met an accident on dated 11.8.2018 at about 7.00 p.m. at Bhagat Singh Chowk, Jhajjar. On dated 12.08.2018, the complainant informed to the respondent on toll free number 1800-266-7780 and got registered his insurance claim no.0820931644A. On dated 21.8.2018, the complainant visited the office of opposite party for transferring insurance policy in his name and applied for the same and on the same day. Insurance policy was transferred in his name on dated 21.8.2018/22.8.2018 and after that the complainant got repaired the car and paid bill of Rs.19,101/- from his own pocket. It is also averred that in the transferred insurance policy of the complainant there are two mistakes i.e one is about the age of the nominee/father of the complainant and another is place of execution of transferred insurance policy. The complainant also e-mailed to the respondent for correction of the same but no correction was made. Before transfer of the insurance policy, the complainant was told by the respondent that Rs.60/- will be paid by him regarding transfer and Rs.250/- will be paid by him on account of inspection of the car but the respondent illegally and wrongly added Rs.2690/- in the insurance premium on account of no claim bonus and deducted the same from the account of the complainant, whereas the insurance claim of the complainant has not been passed. On 24.09.2018, complainant also sent a legal notice to the OP but to no effect. This is highly illegal which shows deficiency in service on the part of OP. Lastly it is prayed that the insurance claim amounting to Rs.19,101/- for the complainant be passed and opposite party is directed to re-pay the amount of Rs.2,690/- illegally and wrongly deducted on account of no claim bonus from the account of complainant and also directed to pay Rs.15,000/- as litigation expenses and Rs.25,000/- on account of harassment and Rs.2,200/- on account of cost of legal notice to the complainant.
2 After registration of complaint, notice was issued to the opposite party. Opposite party in its written statement submitted that insurance policy was in the name of Sonu Yadav, whereas the name of owner of the vehicle was mentioned as Sandeep Singh. During verification, complainant informed that he purchased the said insured vehicle from Sonu Yadav, but he failed to transfer the policy in his name. It is also submitted that after receipt of intimation of loss, the vehicle was inspected by IRDA licensed surveyor, Mr. Deepak Kumar and loss was assessed for Rs.14957/-. The liability, if any, of the respondent is limited to Rs.14957/- only. It is submitted that the vehicle was transferred in the name of the complainant on 20.7.2018, however, the request for transfer of policy was given only on 21.8.2018 i.e. after lapse of 14 days of the transfer. It is also submitted that from the record, on the day of accident i.e. 11.8.2018, Mr. Sandeep Singh had no contract with the answering respondent. In the absence of any contract with the complainant, the respondent was not liable to pay any compensation to him and the claim of the complainant was repudiated vide letter dated 12.10.2018. It is also submitted that the claim of the complainant is vexatious and the same is not maintainable. All the other contents of the complaint were stated to be wrong and denied and dismissal of complaint has been sought.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C-1 to Ex.C-7 and has closed his evidence on dated 22.7.2019. Ld. counsel for the OP has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R8 and has closed his evidence on dated 7.1.2020.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. As per the complainant, he had applied for transfer of RC in his name on dated 20.07.2018 to registration authority S.D.O. Beri(Jhajjar). As per application/receipt dated 20.7.2018, the process of transfer time was from 20.7.2018 to 10.8.2020 but as per document Ex.C3, the SDM, Beri had issued the temporary registration certificate to the complainant w.e.f. 20.07.2018 to 10.08.2018 but as per complainant, actually the R.C. was delivered on dated 13.8.2018. During the process of transfer of registration in the office of SDM, Beri, the accident had taken place on 11.08.2018. Meaning thereby, the accident had taken place during the process of transfer of registration in the name of complainant. Thereafter, complainant had applied for transfer of policy in his name on dated 21.8.2018.
6. The contention of the opposite party is that the complainant had applied for transfer of policy after lapse of 14 days of transfer and as per clause GR17 of India Motor Tariff, it is mandatory for the transferee to apply within fourteen days from the date of transfer of ownership in writing to the insurer. In this regard, we have observed that though no date is mentioned on the R.C. but perusal of Ex.C3 temporary registration certificate issued by SDM, Beri, reveals that the transfer process was completed upto 10.08.2018 and the complainant had applied for transfer of insurance on 21.08.2018 i.e. within 14 days of transfer of R.C. Hence the repudiation of claim by the opposite party on this ground is illegal and amounts to deficiency in service. As such, as per terms and conditions of the policy, complainant is entitled for the claim amount as per bill Ex.C2 amounting to Rs.19101/- say Rs.19100/-(rounded off to nearest ten rupees).
7. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite party shall pay a sum of Rs.19100/-(Rupees nineteen thousand one hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 18.10.2018 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.3000/-(Rupees three thousand only) as litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.09.2020.
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Nagender Singh Kadian, President
……………………………….
Renu Chaudhary, Member.
