Delhi

East Delhi

CC/107/2016

MR.BAL KISHAN - Complainant(s)

Versus

TATA AIG INS. - Opp.Party(s)

21 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  107/16

 

Shri Bal Kishan Wadhwa

R/o F-7, First Floor Jangpura,

Extension, New Delhi-110014      

….Complainant

Vs.

 

TATA AIG General  Insurance Co. LTD

F-25, 1^st Floor Preet Vihar Vikas Marg

Laxmi Nagar Delhi- 110092

 

Also At

301-308, Third Floor Aggarwal Prestige Mall

Plot No.-2, Road No-44, Near M2K Cinema Rani Bagh

Pitam Pura New Delhi-110031

                                                           …Opponent

 

Date of Institution: 02.03.2016

Judgement Reserved on: 21.01.2019

Judgement Pronouced on : 25.01.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

Judgement

            The present complaint has been filed by Shri Bal Kishan Wadhwa against TATA AIG General Insurance Company Limited (OP) under Section 12 of the Consumer Protection Act, 1986, with allegations of unfair trade practice and deficiency in services. 

It has been stated by the complainant that he was the owner of new vehicle Toyota Innova bearing No. DL 3CC 3814 which was purchased on 03.10.2015 from “Gaurav Motors”. The said vehicle was insured by OP with IDV of Rs. 10,58,769/- for a period from 30.06.2015 to 29.06.2016 by paying a premium of Rs. 30,773/-. It has been stated that a single page certificate bearing policy No. 010100010601 was issued without any terms and conditions.  It has been further stated in the complaint that in the month of September, 2015 when the complainant visited the office of car dealer, Gaurav Motors he paid some token amount on 01.10.2015 and the said vehicle was delivered to the complainant on 03.10.2015 and the complete set of documents was handed over to him only on 10.10.2015 and immediately the complainant initiated the process of transfer of vehicle. On 09.12.2015, around 11:45PM the complainant parked the vehicle in front of his house which was found stolen on the next morning i.e. 10.12.2015 around 07:45AM, for which the Police authorities and insurance company were immediately informed.  FIR No. 022123 dated 10.12.2015 was registered and claim form was also submitted to the OP. The complainant has also stated that he received a Repudiation letter of date 19.01.2016, where his claim had been repudiated. The claim of the complainant was not settled despite numerous visits to the office of the OP and delay for a period of more than four months, the complainant feeling aggrieved has filed the present complaint with the prayer for directions to OP to settle the claim of Rs. 10,58,769/-; compensation on account of harassment mental agony and pain as Rs. 1,30,000/- and cost of litigation as Rs. 5,000/-.

The complainant has annexed the letter to National Crime Record Bureau, copy of the FIR No. 022123 under Section 379, IPC, copy of registration certificate, copy of transfer of ownership receipt of dated 16.10.2015, invoice issued by Toyota Service Centre, Repudiation letter 19.01.2016, letter in charge Police post: Jangpura, copy of the keys, copy of the insurance policy issued by OP, letter by OP dated 16.12.2015, list of documents and letter to the Manager claim with the complaint.

2.         Notice of the present complaint was served upon OP, where after they filed their written statement with several objections such as: the complainant had no locus standi to file the complaint, as the insured vehicle was in the name of Mrs. Rachna Verma; there was no contract of insurance between the complainant and the OP as the complainant did not get the policy transferred in his name within a period stipulated in GR-17 of India Motor Tariff. It was submitted that the complainant had purchased the second hand vehicle on 27.09.2015 from Mrs. Rachna Verma and had failed to take any steps to get the insurance of the vehicle transferred in his name. Rest of the content of the complaint have also been denied.

            Specific power of attorney, copy of the certificate of insurance, covering letter of date 24.07.2015 alongwith premium receipt, intimation cum preliminary claim form, cash receipts of payment made to Gaurav Motors, Repudiation letter dated 19.01.2016 and 07.03.2016, copy of India Motor Tariff have been annexed with their reply.

3.         The complainant filed rejoinder to the written statement of OP, where he has repeated the contents of the complaint and denied those of the written statement filed on behalf of OP.

4.         Evidence by way of affidavit was filed by the complainant where he has reiterated the averments made in his complaint and placed reliance on the Annexure annexed with his complaint.

            OP has got examined, Shri Rohit Udaiwal, Chief Manager, Auto Claim and AR of OP on their behalf who has also repeated the submission made in their written statement and have got exhibited insurance policy as Exhibit RW1/1, intimation cum preliminary claim form as Exhibit RW1/2, copy of cash payment receipts for purchasing the insured vehicle as Exhibit RW1/3, letter dated 19.01.2016 and 07.03.2016 as Exhibit RW1/4 and RW1/5 respectively, relevant portion of India Motor Tariff as Exhibit RW1/6.

             We have heard the arguments on behalf of Ld. Counsel for complainant and OP. We have also perused the material placed on record. The complainant has approached this forum, with allegation that his claim for theft was not settled as reason mentioned in the letter dated 19.01.2016, which is Exhibit RW1/4, as the insured vehicle was purchased in second hand from M/s Gaurav Motors and the insurance was still in the name of previous owner, Mrs. Rachna Verma, which was in violation of General Regulation-17 of India Motor Tariff which reads as under

GR-17 Transfers:

“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 “

Thus, it is clear that the complainant was bound to inform the insurance company regarding the transfer of ownership, which he failed to, as is also evident from his letter to the claim manager, where he has mentioned that “But did not apply in insurance company for endorsement of policy in my name which is still in the name of previous owner Mrs. Rachna Verma”. Thus, it is clear that there was no contract of insurance between the complainant and OP as on the date of incident of theft on 10.12.2015. Therefore, no deficiency in services and unfair trade practice can be alleged against OP as there is violation of General Regulation-17 of India Motor Tariff by the complainant himself.

Hence, the present complaint is dismissed being devoid of merits without order to cost as there is no privity of contract between the complainant and OP.

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                    (HARPREET KAUR CHARYA)     Member                                                                            Member

 

 

(SUKHDEV SINGH)

          President