DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 7^th day of April  2015

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                              Date of filing: 27/05/2014

                                                      (C.C.No.72/2014)        

K.K.Viswanathan,

S/o.Kunjukutty,

Garden House,

Muttikulangara Post,

Palakkad                                                     -        Complainant

(By  Adv.M.P.Ravi) 

Vs

1.The Manager,

   M/s.United India Insurance Co.Ltd.,

   Mettupalayam Ooty Main Road,

   Mettupalayam,

   Coimbatore – 641 301.

2.Divisional Manager,

   M/s.United India Insurance Co.Ltd.

   Branch Office, Soorya complex,

   G.B.Road, Palakkad

(By Adv.A.R.V.Sankar)                                            -        Opposite parties

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of the case :

Complainant has purchased a Toyota Qualis vehicle bearing registration No. TN-37W-1400 from Mr.G.Ragulan. At the time of purchase the vehicle was duly insured with 1^st opposite party as per policy No.1701023112-T-301593095 in the name of Ragulan. On 10/04/2013 RC was transferred in the name  of the complainant. Unfortunately on  24/4/2013 the vehicle  met with an accident at Kallingal. Then the matter was reported to Traffic Police, Palakkad and GD entry was made on 29/4/2013. The vehicle  was repaired by Mechano Motors, Kadamkode, Palakkad. Rs.1,10,000/- was spent for repairs. Then the complainant preferred  claim before opposite parties for own damages.  Allegation of the complainant is that after receiving the claim form opposite party neither settled the claim nor replied to the letter.  The act of the opposite parties amounts to deficiency in service and unfair trade practice. Hence the complaint. Complainant prays for an order directing opposite parties to pay a sum of Rs.1,10,000/-  towards  damages caused to the vehicle, Rs.50,000/- as compensation for mental agony suffered and cost of proceedings to the complainant.

 Complaint was admitted and issued  notice to opposite  parties. Opposite parties entered appearance and filed their version denying all the allegations levelled against them. In their version they contended that they have not received any claim form from the complainant. Alleged claim form  and application form were also not in proper form.  Opposite parties submitted that there is no privity of contract between the complainant and opposite parties. They admitted the policy which was in the name of Ragulan. The complainant has no insurable interest at the time of accident. Opposite parties had no knowledge about the transfer of vehicle in the name of complainant. Complainant has not made any request to transfer policy in his name after paying default premium. No bills or vouchers were produced before the opposite parties to show the damages. No intimation was given to opposite parties in order to conduct the survey.  The alleged letter was sent on 26/02/2014 to Oriental Insurance Company  not to the opposite parties.  The  postal receipt addressed to United India Associates. The alleged letter was not  issued by a registered post or certificate of posting.  Opposite parties submitted that no such claim form was not received.  Hence there is no deficiency in service on the part of opposite parties. Complaint is liable to be dismissed with cost.

Both parties filed their chief affidavit. Ext.A1 to A8 are  marked from the side of complainant and A2 to A8 are marked with objection. Ext.B1 and B2 were marked from the side of opposite parties and B2 marked with objection. Power of Attorney of complainant examined as PW1 and 1^st opposite party  examined as DW1.  

 Issues are to be considered

1. Whether there is any deficiency in service on the part of opposite parties ?
2. If so, what is the relief ?

Issues 1 & 2

Heard both parties. We have perused the documents on record. Complainant submitted that he had sent a letter for own damages to the opposite parties. They produced postal receipt, acknowledgement card and copy of letter. Postal receipt shows the address of the United India Assurance Coimbatore.  The address  shown in the letter Ext.A6 series as the Manager, Branch office, Mettupalayam, Ootty, Main Road, Mettupalayam, Coimbatore – 641301. The address of the opposite parties is not mentioned in anywhere of the Ext.A6 series. The address shown in the acknowledgement card is as Oriental Insurance Company Ltd., Mettupalayam.  The only  fault committed by the opposite parties is that they received the letter which was addressed to the Oriental Insurance company Ltd.   

The officials of opposite parties negligently received the letter which was addressed to Oriental Insurance Company Ltd. It cannot be taken as an advantage to the complainant by alleging deficiency in service over opposite parties. Opposite parties have no liability to answer or reply the letter which was sent to the Oriental insurance company Ltd.  The complainant without following required formalities merely sent a letter to Oriental Insurance Company Ltd. According to opposite parties, the complainant was only a stranger. Ext.B1 Policy was in the name of Ragulan. Neither complainant nor Ragulan has given information about the transfer of ownership to opposite parties or they have not approached the opposite parties for transfer of insurance in the name of complainant. DW1 admitted this fact at the time of cross examination. He also admitted that no steps have been taken for transfer of insurance in the name of complainant and he was under the impression that policy will transfer along with vehicle.  DW1 deposed that Ext.A1 to A8 Cu tImSXnbn AÃmsX thsd FhnsSbpw lmPcm¡nbn«nÃ. We are of the opinion that the complainant filed complaint without fulfilling the required formalities prescribed by the law. No evidence is adduced to prove that the complainant had sent claim form along with bills etc., to opposite parties.  Complainant miserably failed to prove his case. Hence, complainant is not entitled to get compensation from the opposite parties.

In the above circumstances, we cannot attribute deficiency in service on the part of opposite parties. Hence complaint dismissed without cost.

Pronounced in the open court on this the  7^th day of April   2015.

       Sd/-

                     Shiny.P.R.

                      President   

                         Sd/-

                     Suma.K.P.

                      Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 –  Copy of GD entry certificate issued by S.I.of traffic Police, Palakkad

              dtd.29/04/2014

Ext.A2 –  Survey report submitted  by Babu.A.V, Insurance Surveyor

Ext.A3 –  Copy of Money receipt issued by opposite party

Ext.A4 –  Photocopy of insurance policy No.1701023112P301593095

Ext.A5 –  Photocopy of certificate of registration No.TN37W1400

Ext.A6 series– Copy of letter send by complainant along with  postal ack.card   

              and receipt

Ext.A7 – Photocopy of Driving license of Sanjay

Ext.A8 series– Copy of Service cash/Credit bill issued by Mechano Motors,

                      Palakkad.

Exhibits marked on the side of opposite party

Ext.B1 –Photocopy of Insurance Policy in the name G.Ragulan

Ext.B2 – Motor Claim Form

Witness examined on the side of complainant

PW1 – Sanjay.K.S.Power of Attorney Holder of Complainant

Witness examined on the side of opposite parties

DW1 -  Sudharsanan.N.P

Cost  

No cost allowed.