Date of filing : 07-03-2008 Date of Order : 06-06-2008 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.No.21/2008 Dated this, the 6th day of June 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Sadath.K.K, S/o.Abdulkareem, Kareem Manzhil, } Complainant Pallikkal Talangara, Po.Kasaragod, Kasaragod.Dt. 1. The Manager, H.D.F.C, General Insurance Co.Ltd, H 4 E 4th Floor, K.G.Oxford Businees Centre, } Opposite parties Sreekandath Road, Ranipuram, Kochi.682016. 2. Mohammed Sharif.A.N, S/o. Aboobacker, K.M. Delma House Po.Muttathody, Kasaragod Taluk & Dist. O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complaint shortly stated: Complainant purchased vehicle bearing No.KL-14C/9577 from 2nd Opposite party and the R.C. transferred in his name on 01-09-06. It met with an accident on 19-11-2007 and it was taken to Kannur Popular Service Centre for repair. The Inspector of Ist Opposite party inspected the vehicle and assessed the damage. Thereafter the vehicle was repaired by spending Rs.69,472.21. All the bills and documents pertaining to the repair were duly submitted to Opposite party No.1. But Opposite party No.1 repudiated the claim stating that the complainant cannot produce policy document and the RC in his name during the material time of accident. Aggrieved by the said repudiation this complaint filed. 2. Notice to Opposite parties were issued by Registered Post with acknowledgment Due. Both Opposite parties received the notices. But ignored to appear before the Forum. Hence Opposite parties were set exparte on 21-05-2008. Complainant was examined as PW1. Exts A1 to A4 and A5 series were marked. We heard the complainant. 3. Ext.A1 is the copy of the RC book of Maruti Zen car bearing Reg.No.KL-14/C 9577. The vehicle even though registered in the name of Opposite party No.2, it is seen transferred in the name of complainant on 16-09-2006 w.e.f. 01-09-2006. Ext.A2 is a copy of the letter dated 10-01-2008 issued by Opposite party No.1 to complainant asking him to produce the insurance policy within 7 days. Ext.A3 is the copy of the Certificate of Insurance issued by Opposite part No.1 in the name of Opposite party No.2 covering the period from 24-08-2007 to 23-08-2008. Ext.A4 is the letter issued by Opposite party No.1 to complainant intimating the closure of his claim. Ext.A5 series are the bill received by the complainant evidencing the repair of vehicle for Rs.69472.21. Ext.A3 shows that at the time of accident there was a valid insurance coverage for the vehicle even though it stands in the name of Opposite party No.2, the transferee of the vehicle. Hence out and out Opposite party No.1 is liable to indemnify the loss sustained to the complainant due to the accident occurred to vehicle during the existence of policy. 4. Opposite party No.1 is a General Insurance Company governed by the rules, regulations and Indian Motor Tariffs issued by General Insurance Corporation. 5. In 1994 General Insurance Corporation has issued a circular with regard to the transfer of the vehicles and the transfer of insurance benefits automatically in favour of the transferee. The said regulation is a part of the Indian Motor Tariff Regulation. The said regulation reads as under: Transfers: On transfer of a vehicle, the benefits under the policy in force will automatically accrue to the new owner. " The bonus/malus already applicable for the policy would continue until expiry of the policy. On expiry or cancellation of the policy, bonus/malus will apply as per new owners entitlement. If the transferee wants to change the policy on his name, it may be done on getting evidence of sale and a proposal form duly completed. The old certificate of insurance must be surrendered to the insurance company and a new certificate of insurance can be issued by collecting a fee of Rs.15/- if the old certificate is not surrendered a declaration is to be taken from the new owner before issuing a new certificate. 6. The Honble National Consumer Disputes Redressal Commission has directed the Insurance Companies not to take unjustified stand which is contrary to the above regulations framed by the Indian Motor Tariff and Insurance Regulatory Development Authority IV (2007) CPJ 289(NC). 7. This being the position we do not understand why Opposite party No.1 closed the claim of the complainant as no claim. The act of unreasonable rejection amounts to grossest deficiency in service which has to be dealt severely. Hence we feel this is a fit case to impose punitive compensation upon Opposite party No.1. Therefore we allow the complaint and Opposite party No.1 is directed to pay Rs.69,470/-(rounded) to the complainant towards the loss sustained to him. Opposite party No.1 further directed to pay Rs.10,000/-(Rupees ten thousand only) by way of punitive compensation for taking unjustified stand by not honouring the claim of the complainant. Opposite party No.1 further directed to pay Rs.2,000/- (Two thousand only) as cost of these proceedings. Opposite party No.2 exonerated from liabilities. Time for compliance of this order is one month from the date of receipt of copy of the order. Failing which on application by the complainant proceedings will be initiated under Section 25&27 of the Consumer Protection Act. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. 13-8-02 Photo copy of RC. A2. 10-01-08 copy of letter sent by OP No.1 to complainant. A3. Photo copy of Certificate of Insurance Cum Policy Schedule. A4.14-02-08 copy of letter sent by OP No.1 to complainant. A5.31-12-07Credit bill issued by Popular Vehicles and Services Ltd. PW1.Sadath.K.K. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
Date of filing : 21-04-2008
Date of order : 10-12-2010
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.21/08
Dated this, the 10th day of December 2010
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Sadath.K.K,
S/o.Abdulkareem,Kareem Manzil, } Complainant
Pallikkal Thalgnara, Po.Kasaragod.
1. The Manager,
HDFC, General Insurance Company Ltd, } Opposite parties
H 4E 4th Floor, K.G.Oxford Business Centre,
Sreekandath Road, Ranipuram, Kochi.682016.
(Adv. S.Mammu, Taliparamba)
2. Mohammad Sherif.A.N,
S/o. Aboobacker K.M,
‘Delma House, Po.Muttathody, Kasaragod. Dt.
O R D E R
Complainant absent. No representation. Opposite party No.1 represented. Name of complainant called absent. It appears that complainant is not interested to proceed with the case since has not appear before the Forum after remanding the case by State Commission. Hence complaint is dismissed for default.
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by order
SENIOR SUPERINTENDENT