By Sri. A.S. Subhagan, Member:
This is a complaint filed under section 12(a) of the Consumer Protection Act 1986.
2. The case of this Complainant in brief is as follows:- The Complainant purchased a Maruthi 800 Car bearing registration No.KL 18D 1656 from the Opposite Party and on 22.07.2017 the R.C has transferred in his name. The vehicle was insured by the previous owner Sri. Nazeer with the Opposite Party remitting Rs.3,456/- as insurance premium under policy No.1016023117 P 103033311. The validity of the insurance policy was with effect from 25.5.2017 to 24.5.2018. On 26.01.2018 the vehicle met with an accident and the matter was reported to the police and G.D entry was made as per No. 11/CIR/KD/2018. The damage caused to the vehicle on account of the accident was reported to the Opposite Party and the authorized surveyor of the Opposite Party investigated the vehicle and an estimate was prepared. As per the direction of the Opposite party the vehicle was repaired at the authorized service centre of Maruthi vehicle named “Auto One line” for which the Complainant has incurred an expenditure of Rs.40,550/- in respect of spare parts and labour charge. Afterwards the Complainant submitted the application before the Opposite party together with necessary documents, for getting insurance claim. But the claim application was rejected by the Opposite Party stating that the insurance policy of the vehicle was not transferred to the name of the Complainant from the previous R.C owner. The Complainant contents that when he approached the Opposite party for the transfer of the insurance policy to his name, the Opposite Party told him that as there was network problem, the Complainant was required to transfer the policy only at the time of further renewal of the policy. Hence the Complainant did not transfer the policy to his name. In the above circumstance, the Opposite Party is liable to pay the insurance claim as there is a valid insurance policy at the time of the accident. The rejection of the claim application is deficiency in service of the Opposite Party, which has resulted in loss and injury to the Complainant for which the Opposite Party is liable to indemnify the same and as such the complainant prays before the Forum to direct the Opposite Party to pay the Complainant a claim of Rs.40,550/- with 12% interest per annum and Rs.10,000/- in toto compensation for deficiency in service of the Opposite Party and cost of the Complaint.
3. The contentions of the Opposite party in his version are as follows:- The complaint is not maintainable as per law , facts and circumstances of the case. The complaint is filed in an experimental nature without any bonafides. The Maruthi Car
bearing registration No. KL 18D 1656 was insured with the Opposite Party as per policy No.101602311 P 103033311 for the period starting from 25.05.2017 to 24.05.2018 in favour of Sri. Naseer. The Opposite Party is not having any privity of contract existed with the complainant as on the date of the accident. The ownership of the vehicle was transferred in favour of the Complainant as on 22.07.2017. This transfer was not communicated to the Opposite Party and no steps were taken to transfer the insurance policy in favour of the Complainant as contemplated in section 157(2) of Motor Vehicle Act. In this case there existed no insurable interest at the time of the claim. After the receipt of the claim the Opposite Party repudiated the claim and it was informed to the Complainant on 20.02.2018. The Opposite Party also submitted that there was no deficiency of service on the part of the Opposite party. In this circumstance the Opposite Party has prayed before the Forum to disallow the complaint with compensatory cost of the Opposite party.
4. Proof affidavit was filed by the Complainant and Exts.A1 to A4 were marked on his side. He was examined as PW1 on 12.11.2019.
5. Proof affidavit was filed by the Opposite party on 06.01.2020 and Exts.B1 to B4 were marked from his side. He was examined on 14.02.2020.
6. On the contentions of the Complainant as well as the Opposite Party and considering the documents produced, proof affidavits filed and examination of both the parties, the forum raised the following points for consideration.
- Whether there is any deficiency of service on the part of the Opposite party?
- If so, whether the Complainant is entitled to get any repair charge or claim as prayed for?
- Relief and cost.
7. Point No.1:- It is the admitted fact that the Complainant has purchased the
Maruthi 800 car bearing Registration No. KL 18D 1656 from Nazeer and the RC was transferred to the name of the Complainant on 22.07.2017. It is also an admitted fact that the vehicle met with an accident on 26.01.2018. On the date of the accident though there was insurance policy with the Opposite party in respect of the vehicle it was not in the name of the Complainant but it was in the name of the previous owner- Sri. Nazeer. The contention of the Complainant is that as there was insurance policy in respect of the vehicle at the time of accident the Opposite Party is liable to indemnify the complainant the expenditure he incurred including compensation and cost. The contention of the Opposite Party is that at the time of accident there was no insurance policy in the name of the complainant and
as such there is no insurable interest to the Complainant and there was no privity of contract existed between the Complainant and Opposite Party at the time of the accident. So the Opposite Party is not liable to indemnify the Complainant for the expenditure incurred by the Complainant including compensation and cost for which the Opposite Party has relied on section 157(2) of the Motor Vehicles Act which reads as follows:-
“The transferee shall apply within 14 days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the facts of transfer in the certificate of insurance and the policy described in the certificate in his favour and the insurer shall make necessary changes in the certificate and the policy of insurance in regard to the transfer of policy of insurance”.
8. The Complainant alleged that he had approached the Opposite Party for transfer of insurance policy in his name but the Opposite Party told him that as the network was complaint he was needed to transfer the insurance policy only at the time of its renewal. This allegation of the Complainant is denied by the Opposite Party.
9. Here the RC was transferred to the name of the Complainant on 22.07.2017 and the accident occurred on 26.01.2018. The vehicle had insurance policy with
effect from 25.05.2017 to 24.05.2018 in the name of the previous owner but not in the name of the Complainant. So relying upon section 157(2) of the Motor Vehicle Act it is found mandatory that within 14 days of transfer of the vehicle to the name of the transferee, the insurance policy should be transferred to the name of the transferee. Here such an action has not been taken from the Complainant to get transferred the policy of the vehicle in his name. So from the facts, evidences adduced, documents marked and the circumstances of the case, the Forum is of the view that there has been no deficiency of service from the part of the Opposite Party as there was no valid insurance policy of the vehicle in the name of the Complainant, at the time of the accident.
10. Point No.2:- As point No.1 is found against the Complainant he is not entitled to get any repair charge or claim as prayed for.
11. Point No.3:- Since point No.1 and 2 are against the Complainant he is not entitled to get any relief as prayed for.
In the result, the complaint is dismissed. No cost to either parties.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of February 2020.
Date of filing : 14.05.2018.
PRESIDENT: Sd/-
MEMBER: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Akhil Madhavan Complainant.
Witness for the Opposite Party-
OPW1. Sundaran Konadan Branch Manager.
Exhibits for the Complainant:
A1. Copy of Certificate of Registration.
A2. Copy of Motor Insurance – Private Car Package Policy Schedule.
A3(a). Copy of Bill. dt:08.02.2018.
A3(b). Copy of Bill. dt:08.02.2018.
A4. Letter. dt:20.02.2018.
Exhibits for the Opposite Party:-
B1. Private- Car Package Policy.
B2. Letter. dt:08.02.2018.
B3. Letter. dt:20.02.2018.
B4. Motor Claim Form. dt:08.02.2018.
