Tamil Nadu

North Chennai

92/2013

S.Renuka Devi, - Complainant(s)

Versus

The Proprietor, Janaki Motors, - Opp.Party(s)

M/s.C.H.Vinobha Gandhi

26 Jul 2016

ORDER

                                                            Complaint presented on:  18.04.2013

                                                                Order pronounced on:  12.09.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 12^th   DAY OF SEPTEMBER 2016

 

C.C.NO.92/2013

 

 

 

S.Renuka Devi,                                     

W/o. Late, K.Saravana Murthy,

Flat No.3, Munusamy Garden,

John Basu  Street Extn.,

M.M.C.Post,

Chennai – 600 051.

                                                                                    ….. Complainant

 

..Vs..

The Proprietor,

1.Janaki Motors,

No:11, New Avadi Road,

Villivakkam,

Chennai – 600 049.

 

2. The Sales Manager,

Nagappa Auto,

B-25, 2^nd Avenue, Anna Nagar East,

Chennai – 600 012.

 

3.HR/Sales Executive,

Hero Honda Motors Limited,

No:53/1, 1^st Floor, Cathedral Road,

Chennai – 600 086.

.....Opposite Parties

Date of complaint                                 : 19.04.2013

Counsel for Complainant                      : M/s.C.H.Vinobha Gandhi

Counsel for opposite parties                    : S.Ramasubramaniam & Associates

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant husband Mr.K.Saravanmoorthy had purchased a Hero Honda Motor Cycle model “Passion Plus” on 14.03.2008 from the 1^st Opposite Party. The Registration Number of the vehicle is TN07AR9703. The Company granted exclusive privileges to the Motor Cycle Owners and one among benefit is the personal accidental Insurance Coverage of Rs.1,00,000/-. The Complainant husband met with an accident on 17.07.2009 and a case was registered with the police. As the personal accident coverage was given to the Complainant husband in the purchase of Motor Cycle, after his death the Complainant being nominee to get personal accident Insurance Claim.  She has submitted  a request on 15.06.2010 to the 1^st Opposite Party to get her claim forms. The 1^st respondent remained silent and the Complainant approached the 2^nd Opposite Party and the 2^nd Opposite Party forwarded her name to the 3^rd Opposite Party. The 1^st and 2^nd Opposite Party failed to process the claim inspite of that the personal accident benefit assured in the 3^rd Opposite Party manual. Hence the Complainant sent legal notice dated 24.10.2011 to the Opposite Parties. The Opposite Parties negligently failed to process the claim and thereby committed Deficiency in Service. Hence the Complainant filed this Complaint for the personal accident insurance claim amount of Rs.1,00,000/- and compensation with cost of the Complaint.

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          At the time when the Complainant’s late husband purchased the motor-cycle on 14.03.2008, the 3^rd Opposite Party was offering a special customer insurance scheme known as “Hero Honda Passport Programme”(HHPP). They were two types of policy is

1. One Year Policy: Insurance Payment of Rs.1,00,000/-. Membership Fee:Rs.125/-
2. Three Year Policy: Insurance payment of Rs.1,00,000/- Membership Fee:Rs.200/-

The HHPP(Hero Honda Passport Programme) insurance scheme was available only to those customers who opted to pay the membership fee for the scheme. Upon making payment, the customer would be issued a Cash Receipt for Hero Honda Passport Programme membership and a Hero Honda Passport Programme undertaking mentioning the policy reference details. No such policy was opted for at the time of purchase of the vehicle on 14^th March 2008 or later. The Complainant has not filed the intimation letter or any of the documents to prove that the Insurance Policy had been availed before this Hon’ble Forum or earlier. The Complaint is entitled to payment of Rs.1,00,000/- as “personal accident insurance coverage” thereby referring to the 1-year scheme. Even assuming, without admitting, that the Complainant’s husband opted for the 1-year scheme, the policy could only have been effective from 14.03.2008 (date of vehicle purchase) till 14.03.2009. whereas the Complainant admits that her husband passed away on 17.07.2009 i.e more than one year after the purchase of the vehicle. The Complainant is not entitled to any relief as no insurance scheme was availed by the customer in this case at the time of purchase of the vehicle or thereafter. No cause of action has arisen against these Opposite Parties. There is no merit in the Complaint and the Complaint is barred by limitation and therefore prays to dismiss the Complaint  with costs.         

3. POINTS FOR CONSIDERATION:

          1.  Whether the Complainant is barred by limitation?

          2. Whether there is deficiency in service on the part of the opposite parties?

          3. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1

          The Complainant husband K.Saravanamoorthy purchases a Hero Honda Motor Cycle Model Passion Plus bearing registration No.TN07AR9703. Ex.A2 is the copy of the RC book of the vehicle and Ex.A1 is the owner’s manual issued by the 1^st Opposite Party at the time purchase of the vehicle and Ex.A3 is the insurance for the vehicle.

          5. The Opposite Party contended that the Complaint is barred by limitation. The Complainant husband purchased the vehicle on 14.03.2008 and he died on 17.07.2009. The Complainant claims personal accident Insurance due to the death of her husband which was issued at the time of purchase of the vehicle. Therefore the Complainant should file this Complaint within two years from the date of the her husband death on 17.07.2009. The Complainant filed this Complaint after 1 ½ year of limitation period was over. Therefore the Complaint is clearly barred by limitation.

 

6. POINT NO :2

          The Complainant claims personal accident insurance claims by virtue of Ex.A1 owner’s manual. In the said manual it is mentioned as “Accident Insurance of Rs.1,00,000/-“ in the very same manual it is further mentioned “Enroll today Ask your policy for the enrolment form” as per the above contents, it is clear that to claim the insurance and other benefits printed in the owner’s manual has to fill the enrollment form and would be submitted to the dealer at the time of   purchase of the vehicle. The Opposite Party marked Ex.B1 profile form. Ex.B2 cash receipt voucher for collection of insurance membership fee in a blank forms. The Complainant had not filed any proof that he had become member or paid membership fee to claim the insurance. Further no policy for the personal accident insurance coverage issued by the Opposite Party or insurance company filed by her. The Opposite Party relied an order of the National Commission 2015 SCC online NCDRC 219 (Kona Mohan Rao S/o/Late Kona Satya Narayan Vs. M/s. New India Assurance Ltd., contended that there is no contract of insurance between the Complainant or  her late husband with the Opposite Party and therefore the Complainant is not entitled any amount on the basis of insurance claim. The National Commission in the above said order in para 9 and 10 held as follows:

                The general rule is that the contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his acceptance to the person making the offer  whether the final acceptance is that of the assured or insurers, however, depends on the way in which negotiations for an insurance have progressed.

                Since there was no contract of insurance between the parties on the date the loss allegedly happened, insurance company is not liable to pay any amount to the Complainant.

Relaying on the above ratio of the National Commission, in the case in hand also there was no contract of insurance between the Complainant and the Opposite Parties. The Complainant also nowhere specified the name of which insurance company is liable to pay the amount to her. Therefore, since there is no contract of insurance between the Complainant and the Opposite Parties, we hold that the Opposite Parties have not committed any Deficiency in Service.

7. POINT NO: 3

          Since the Opposite Parties have not committed any Deficiency in Service, they are not liable to pay any amount to the Complainant as insurance claim to her and therefore we hold that the Complainant is not entitled to any relief in this Complaint.

          In the result the Complaint is dismissed. No costs.     

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 12^th day of September 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 14.03.2008                   Copy of the Owner’s manual

Ex.A2 dated 28.03.2008                   Copy of the Motor Cycle R.C.Book          

Ex.A3 dated NIL                     Copy of the Insurance

Ex.A4 dated 17.07.2009                   Copy of the FIR  

Ex.A5 dated 17.07.2009                   Copy of the post mortem certificate

Ex.A6 dated         27.07.2009                   Copy of the Death Certificate 

Ex.A7 dated 15.06.2010                   Copy of the letter dated 15.06.2010

Ex.A8 dated 24.10.2011                   Copy of the legal notice 24.10.2011 to all the 3

                                                  Opposite Parties

 

Ex.A9 dated NIL                     Copy of the acknowledgement card

 

Ex.A10 dated NIL                             Copy of the delivery note

 

Ex.A11 dated NIL                             Copy of the payment Receipt

 

Ex.A12 dated NIL                             Copy of the ICICI Bank private letter

 

LIST OF DOCUMENTS FILED BY THE 3^rd  OPPOSITE PARTY :

Ex.B1 dated NIL                     Profile Form

Ex.B2 dated NIL                     Cash Receipt Voucher for HAPP Member

Ex.B3 dated NIL                     Passport Programme

Ex.B4 dated NIL                     Certificate of Insurance

Ex.B5 dated NIL                     Membership Benefits Guide

LIST OF DOCUMENTS FILED BY THE 1^st & 2^nd OPPOSITE PARTIES :

                                                …..NIL…..

 

MEMBER – II                                                               PRESIDENT