DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of February 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 19/2/2014
(C.C.No.26/2014)
K.R.Subhadra,
W/o.Ramankutty,
Chakkingal House,
Karuvappadam,
Anjumoorthy Mangalam Post,
Alathur Taluk,
Palakkad District - Complainant
(By Adv.Vinod K Kayanat)
Vs
1.Manager,
United India Insurance Company Ltd.,
Park House, Round North,
Thrissur – 680 001
(By Adv.P.Prasad)
2.Sub Regional Transport Officer,
Alathur Post,
Alathur - Opposite parties
(By Govt.Pleader)
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
Complainant purchased Tata 407 LMV goods carriage vehicle bearing registration No.KL5/R4593 from Mrs. Priya Joy. The said vehicle was insured with the 1st opposite party by Mrs. Priya Joy and having valid insurance policy from 21/6/2013 to 20/6/2014.
After the sale of vehicle, Priya Joy filed application for transfer of ownership and permit before the RTO office, Thrissur and the concerned RTO issued clearance certificate on 11/12/13.Then on19/12/2013 the complainant submitted application for transfer of ownership and remitted fee at Sub Regional Transport office, Alathur. Then RTO Alathur issued transferred R.C.to complainant on 3/1/2014. The goods carriage permit was also issued in favour of the complainant on the same day.
On 2/1/2014 at 6.56 PM at Chullimada, Kodukumballam while the vehicle was proceeding towards Vadakkencherry, touched with electric line and due to spark the vehicle with full load of hay got fired. Fire and Rescue assessed damages to the tune of Rs.3,50,000/- and issued certificate thereof.
The complainant approached the 1st opposite party and claimed the accidental damages. 1st Opposite party rejected the claim on technical grounds. According to the complainant the rejection of claim amounts to deficiency of service.
Complainant submitted that the 2nd opposite party effected transfer of the above said vehicle only on 3/1/2014 but in the R.C. they mistakenly noted the date as 4/12/2013, which has no relevance about the transfer of the vehicle. The said act of the 2nd opposite party also amounts to deficiency in service. A mere denial of the claim by the 1st opposite party is purely due to the wrong mentioning of the date as 4/12/2013 in the R.C.
Meanwhile complainant filed IA.399/14 to amend the complaint for enhancing the compensation. Opposite parties filed counter. In the interest of justice application was allowed and complainant carried out amendment.
Hence complainant prays for an order directing opposite parties to pay a sum of Rs.3,50,000/- towards damages caused to the vehicle and pay Rs.50,000/- as compensation for deficiency in service and unfair trade practice committed by the opposite parties and mental agony and hardship suffered by the complainant and cost of proceedings.
Complaint was admitted and issued notice to opposite parties. Both opposite parties appeared before the Forum. 1st Opposite party filed version contending the following:
In this case there is no contract between the complainant and the 1st opposite party. 1st opposite party admitted that the above said vehicle was insured by Mrs. Priya Joy. The complainant has not transferred the insurance policy in her name after submitting the proposal form and remitting the prescribed fees. As long as the policy is not transferred there is no contract between the complainant and the 1st opposite party. Moreover no claim was put forward by the complainant before this opposite party. No claim form or estimate or other details with regards to damages was furnished before this opposite party. Hence there is no deficiency of service on the part of the 1st opposite party.There is no permit also for the vehicle at the time of accident.
The incident took place on 02/1/2014 and the permit came to force only on 03/1/2014. 1st opposite party did not have any privity of contract with the complainant and therefore the 1st opposite party was not liable to compensate the complainant for the loss suffered by her. It was mandatory for the transferee to apply for transfer of policy within 14 days from the date of transfer. Since no such request was made the policy was not transferred in the name of complainant under GR-17 of the tariff advisory committee. The complainant did not have any insurable interest on the date on which the vehicle sustained damages. There is no deficiency of service or unfair trade practice on the part of this opposite party and hence prayed to dismiss the compliant with cost.
2nd opposite party filed version contending the following:
The complainant Smt.Subhadra, W/o.Ramankutty, Chakkingal House, Karuvappadam, Anjumoorthy Mangalam is the registered owner of the vehicle KL-05-R-4593 w.e.f. 4/12/2013. The complainant had submitted the application for transfer of ownership in form number 29, 30 along with copy of clearance certificate in the office of 2nd opposite party on 19/12/2013 after remitting prescribed fee. She had also submitted application for the issue of fresh goods carriage permit along with the application for transfer of ownership. In the Form 29 & 30 which was signed by the complainant and the previous owner Smt.Priya Joy the date of sale by the previous owner and the date of purchase by the complainant is stated as 4/12/2013. As per section 50 synopsis 2 of Motor Vehicle Act “the transfer of ownership of a vehicle is a matter governed not by the provisions of Motor Vehicles Act but by the provisions of the Sale of Goods Act. Motor vehicle being a movable, transfer of ownership takes effect from the date of the sale and not from any other date”.
The previous registering authority of the vehicle was Regional Transport Office, Thirissur. In order to transfer a transport vehicle from one registering authority to another registering authority, clearance certificate from the present registering authority is mandatory. As such the previous owner Smt.Priya Joy had surrendered the permit of the vehicle issued by Regional Transport Officer, Thrissur at that office stating that she had sold the vehicle to Smt.Subhadra, the complainant on 4/12/2013 and applied for the issue of clearance certificate. RTO Thrissur had issued clearance certificate on 11/2/2013
The RC book along with copy of clearance certificate received from RTO Thrissur in the office of 2nd opposite party only on 30/12/2013. After getting the same the concerned section clerk entered the transfer of ownership application and fresh permit application in the computer system on 3/1/2014 and the processing completed and fresh permit issued on the same day itself. The permit of a vehicle valid for 5 years is issued w.e.f. the date of issue of the permit and not from the date of transfer of ownership.
The transfer of ownership of the vehicle will be effected from the date of purchase/sale of the vehicle and not by the date of submission of application or issue of RC as alleged by the complainant. There is no mistake occurred from this authority in effecting the transfer of ownership. The previous owner submitted application for clearance certificate stating that the vehicle was sold to the complainant and it makes clear that the complainant purchased the vehicle during December 2013 i.e. on 4/12/2013. The transfer of ownership effected and the date of effect mentioned by this authority are as per law and is legal. Hence complaint is liable to be dismissed.
Complainant and opposite parties filed their chief affidavits. Exts.A1 to A17 series are marked. A17 series marked with objection from the side of the complainant. Ext B1 to B6 are marked from the side of opposite parties.
The following issues are considered
1. Whether there is deficiency in service on the part of opposite parties?
2.If so, what is the relief?
Issues 1&2
Both Parties heard. We have perused the documents before the forum. It is an admitted fact that the vehicle was insured with 1st opposite party by Mrs. Priya Joy for the period from 21-6-2013 to 20-6-2014. There is also no dispute that the vehicle was met with an accident on 2-1-2014.
1st opposite party submitted that the complainant did not have any insurable interest on the date on which the vehicle sustained damages. As per Indian Motor Tariff GR17 it is specifically noted that in the case of transfer the transferee shall apply within 14 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 the date of the insurance policy so that the insurer may make the necessary change in his record and issue fresh certificate foil insurance
At the time of accident i.e. 2-1-2014 the policy was in the name of Mrs. Priya Joy. Complainant purchased the vehicle on 4-12-2013. Transferred RC was issued to the complainant on 3-1-2014. In the complaint it is mentioned that she had approached to 1st opposite party for claim for damages. No documentary evidence is adduced by the complainant to prove that she had approached 1st opposite party for claim for damages or 1st opposite party rejected the claim of the complainant with technical reasons. In the above circumstances we are of the opinion that complainant did not file any application along with necessary documents to transfer insurance policy to her name before the 1st opposite party within 14 days from the date transfer of RC. 1st opposite party submitted at the time of argument that till this date she has not approached them to transfer the policy in her name. In the above circumstances we are of the opinion that there is no privity of contract between the complainant and 1st opposite party and complainant has no insurable interest in the vehicle at the time of accident. But on the perusal of Ext A 13, it is revealed that on 13-10-2014 complainant has taken insurance policy for her vehicle from National Insurance Company Ltd.
From Ext.B2, Ext.B3 and Ext.A8 it is revealed that complainant and Priya Joy the previous owner has complied all the formalities required under Section 50 (1)(b) of Motor Vehicles Act.
2nd opposite party submitted that after getting prescribed fee from the complainant, 2nd opposite party issued transferred RC to the complainant on 3-1-2014. Complainant alleged that 2nd opposite party mistakenly noted the date as 4/12/2013 instead of 3-1-2014. Because of this reason they did not get the claim from the 1st opposite party. But 2nd opposite party contended that as per the law the transfer of ownership of the vehicle will be effected from the date of purchase/sale of the vehicle and not by the date of submission of application or issue of RC. The date of effect mentioned by 2nd opposite party is as per law and is legal. Complainant has not produced any documents to contradict the version of the 2nd opposite party. From the available evidence we came to the conclusion that 2nd opposite party properly entered the date in RC as per the law. There is no mistake from the part of 2nd opposite party.
In the light of the above discussions, we are not in a position to attribute deficiency in service on the part of opposite parties. Hence complaint is dismissed.
Pronounced in the open court on this the 29th day of February 2016.
Shiny.P.R.
President
Suma.K.P.
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Photocopy of the RC of the vehicle in the name of Subhadra
Ext.A2 - Photocopy of cancelled RC issued in the name of Priya Joy
Ext.A3 - Photocopy of the insurance certificate of the vehicle
Ext.A4 - Photocopy of the goods carriage permit of the vehicle
Ext.A5 – Photocopy of the Fire report issued by STO Kanjikkode
Ext.A6 - Photocopy of the receipt showing payment of Rs.500/- for obtaining
Fire report
Ext.A7 - Photocopy of sale agreement of vehicle
Ext.A8 - Photocopy of receipt issued from Motor vehicle department for
transfer of ownership of the vehicle
Ext.A9 – Photocopy of clearance certificate issued from RTO Thrissur
Ext.A10 series - Photographs showing the damages caused to the vehicle
Ext.A11 - Copy of Traffic Check Memo issued by High Patroling Police
Ext.A12 - Receipts issued by Motor vehicle department
Ext.A13 – Photocopy of insurance policy of the vehicle
Ext.A14 – Photocopy of Tax License of the vehicle
Ext.A15 - Photocopy of Goods Carriage Permit of the vehicle
Ext.A16 - Photocopy of receipt issued by KMTW Welfare Fund Board
Ext.A17 series – Bills marked with objection
Witness examined on the side of complainant
PW1 – Subhadra.K.R.
Witness examined on the side of opposite parties
DW1 – K.C.Mani
DW2 - Sudharsanan
Exhibits marked on the side of complainant
Ext.B1 – Photocopy of Insurance Policy, terms and conditions.
Ext.B2 – Form of notice of transfer of ownership of a Motor vehicle
Ext.B3 – Application for intimation and transfer of ownership of a Motor vehicle
Ext.B4 – Clearance certificate
Ext.B5 – Letter No.C3/51 399/14/PA addressed to complainant
Ext.B6 – Proceedings of the additional registering authority, Alathur
Cost
No cost allowed.
