Date of filing : 28-05-2009 Date of order : 25-02-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 124/09 Dated this, the 25th day of February 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Faizal.P.A, S/o.Abdul Hameed.P.A, Kudil House, Mogar, } Complainant Mogral Puthur.Po, Kasaragod Taluk (Adv. B.Ramakrishna Bhat, Kasaragod) 1. The Manager, ICICI Lombard Motor Insurance Company, H.O. Calicut } Opposite parties by the Branch Manager, Kasaragod. 2. The Manager, ICICI Lombard General Insurance Co.Ltd, City Plaza, Y.M.C.A. Cross Road, Calicut. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT The case of the complainant is as follows: Complainant purchased the Santro Car bearing Reg.No.KL-14/F9133 from its original RC Owner Abdul Latheef. K.M and ownership was transferred in his name on 3-12-2007. The car was having a comprehensive insurance policy issued by ICICI Lombard Motor Insurance. The policy was valid till 12-02-2008. The policy No was 3001/52494816/00/B00. Soon after the purchase of car complainant filed a petition on 7-3-2008 before the Branch Manager, I.C.I.C.I Lombard Motor Insurance, Kasaragod requesting him to transfer the Insurance policy from the original owner to his name and paid Rs.50/- towards the charge for effecting transfer. This was accepted and endorsed in the copy of the application dated 7-3-2008 by the office and a seal is also affixed in the copy of the application. This fact was intimated to the second opposite party and he had agreed to transfer the policy. While so in the first week of July 2008 the car of the complainant met with an accident. Due to fall of a coconut from glass, wiper, bulbs etc were broken and damaged. It was repaired by spending Rs.6325/-. Again in the month of September also the vehicle was damaged due to fall of coconut and it was repaired for Rs.8300/-. Though a claim for damages were preferred before the opposite parties it was repudiated on the ground that the complainant had no insurable interest on the vehicle and at the material time of accident the policy was in the name of previous owner Abdul Latheef. Hence the complaint alleging deficiency in service on the part of opposite parties. 2. Version of opposite party No.1. As against the notice issued to opposite party No.1 the Branch Manager, I.C.I.C.I, Lombard Motor Insurance Co. H.O. Calicut, Branch Kasaragod the proprietor of One Symbiosis Auto Finance, Ist floor City Centre, Bank Road, Kasaragod claimed to be the direct sales agent of I.C.I.C.I Bank Car Loan, filed a statement. In the said statement it is stated that the notice addressed to the Manager, I.C.I.C.I, Lombard Motor Insurance Company. Head Office, Calicut by the branch Manager, Kasaragod is served on them and I.C.I.C.I Lombard Motor Insurance company is not have branch office in Kasaragod and hence there is no branch Manager and the postal authorities served the notice on them by mistake seeing the opening word I.C.I.C.I in the address since they are the I.C.I.C.I. Bank Car loans direct sales agent. I.C.I.C.I Lombard is functioning independently eventhough it is under the banner of ICICI. The complainant has shown incorrect address in his complaint. The address in the notice is addressed to ICICI Bank car loans direct sales agent symbiosis auto finance Ist floor, City Centre, Kasaragod and for that reason the notice was served them and they filed the counter statement. 3. However, the opposite parties was kind enough to furnish the proper address of the Opposite party i.e. the Manager of I.C.I.C.I, Lombard, General Insurance Co. Ltd, Calicut. 4. After filing this counter statement by the Proprietor of Symbiosis Auto Finance Ist floor City Centre Bank Road, Kasaragod the complainant impleaded the Manager, ICICI, Lombard, General Insurance Co. Ltd, Calicut as second opposite party and notice was issued to them by registered post. Though the said notice was served they remained absent. Hence they were sent exparte. 5. Complainant filed proof affidavit in support of his claim and Exts A1 to A5 marked. No evidence were adduced by the opposite parties. Complainant heard and documents perused. 6. The case of the complainant is that after the purchase of the car from Abdul Latheef, the former RC Owner of the vehicle, he submitted an application on 7-3-2008 before the Kasaragod Branch Manager of ICICI Lombard Motor Insurance, Head Office Calicut to transfer the policy as per the cover note No.52494816 in his name along with fee for transfer i.e. Rs.50/-. The said petition is seen received by one Abdul Sameer and the same is endorsed in it. The copy of the said petition is produced and marked as Ext.A3. Interestingly it is seen that it contain a seal of ICICI Lombard General Insurance Company Ltd, Calicut. Therefore it is clear that what is stated by opposite party No.1 in their counter statement is absolutely false and the ICICI Lombard Motor Insurance Company was doing their insurance business in Kasaragod also through independent agencies. Therefore it is clear that opposite party No.1 is not alien to the proceedings and they are also liable by whatever name they are doing the business. 7. Therefore after receiving the fee for transferring the insurance policy in the name of complainant it was the duty of the opposite party No.1 to transfer the policy in his name. The failure to transfer the policy on the part of opposite parties amounts to deficiency in service. 8. In the light of the above it is clear that the repudiation of the claim on the ground that the complainant had no insurable interest on the vehicle also amounts to deficiency in service. 9. Relief & Costs The Ext.A4 is a cash receipt for Rs.6325/- issued by KTC Automobiles Ltd, Kasaragod to the complainant towards the repair of his vehicle. Ext.A5 is a copy of the estimate for Rs.8300/- issued by the same repairer. The total amount as per both the bills amounting to Rs.8300+6325=14,525/-. The complainant is entitled for the said amount. Therefore the complaint is allowed and the opposite parties are directed to pay Rs.14,625/- to the complainant along with a cost of Rs.3000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite parties shall be liable to pay interest @ 12% for Rs.14,625/- from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Photocopy of RC of Abdul Latheef A2. 20-09-08 Letter sent by ICICI Lombard to complainant. A3. 7-3-08 letter sent by complainant to OP A4. 5-7-08 Cash receipt issued by KTC Automobiles (P) Ltd A5. 5-09-08 Estimate (Carbon copy) Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
