Before the District Consumer Disputes Redressal Commission, Bhiwani.

                                                                                                Complaint No. : 830/2019

                                                          Instituted on     : 18.11.2019

                                                          Decided on       : 29.05.2023

Yashvi age-30 yrs. s/o Sh.Babu Ram Soni R/o Badi Mohalla, Near Bombay Guest House, Bhiwani, Tehsil & District Bhiwani.

                                                                                                                ……….………..Complainant.

                                      Vs.

United India Insurance Co. Ltd., Red Cross Bhawan, Mini Zoo Road, Bhiwani, Tehsil & District Bhiwani, through its Manager/Authorized Signatory.

                                                                             ..…….……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SMT. SAROJ BALA BOHRA, PRSIDING MEMBER.

                   SH. DM YADAV, MEMBER.

Present:       Sh. Mahesh Bhardwaj, Adv. for the complainant.

                   Sh. Mukesh Jangra, Adv. for opposite parties.

                                                ORDER

SMT. SAROJ BALA BOHRA, PRESIDING MEMBER:

1.                Brief facts of the case as per complainant arethatshe purchased a vehicle car bearing registration no. HR-12Z-1710 from Pooja Devi and the said vehicle is duly insured with the opposite party under policy No. 32060031190160000808. After purchasing the vehicle the complainant has submitted the documents in the office of SDM(MV), Bhiwani for transferring the abovesaid vehicle in his name and the said vehicle was duly transferred in favour of the complainant on 13.06.2019. It is further submitted that on 26.06.2019, the complainant went to Delhi in the said car and parked the vehicle in front of Baratghar, Madipur(Delhi). But in the morning when the complainant did not find his car at the parking place, she lodged FIR no.022318 dated 26.06.2019 under Section 379 IPC regarding theft of his alleged vehicle. After lodging of FIR, complainant has also intimated the opposite party. As per advise of the opposite party, the complainant has submitted relevant documents through online. After receiving of order of final untraced report as well as final report the complainant has submitted the certified copy of untrace report and other entire necessary documents in the office of the opposite party with request to settle the claim regarding theft of car. But till now the opposite party has not passed the claim of the complainant after lapse of 4/5 months.As such, the act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to settle the claim to the tune of Rs.7,74,360/- alongwith the interest @18% p.a. from the date of filing of application till its realization and also to pay Rs.50,000/- as compensation and Rs.5500/- as litigation charges to the complainant.

2.                After registration of complaint, notice was issued to the opposite party. Opposite party appeared and submitted its reply submitting therein that the vehicle no. HR-12Z-1710  is insured with opposite party in the name of Mrs. Pooja Devi and not transferred in the name of complainant but RC has been transferred on the name of the complainant hence they have liability to pay the claim. There is no privity of contract between the complainant and the opposite party. The complainant has no insurable interest in the vehicle in question at the time of occurrence. Merely because the insurance policy not transferred complainant cannot claim that policy still subsists. Unless contract of insurance not transferred to transferee, he being third party to contract not entitled to benefits thereof. The competent authority after applying its judicial mind repudiated the claim. All the other contents of the complaint were stated to be wrong and denied. It is further submitted that there is no deficiency in service on the part of opposite party and the opposite party prayed for dismissal of complaint with costs.

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex. CW-1/A, documents Annx.C1 to Annx. C11 and closed the evidence vide separate statement dated 01.04.2021. On the other hand, ld. Counsel for the opposite party in his evidence has tendered documents Annx. R1 to Annx.R3 and closed his evidence vide separate statement dated 10.04.2023.

4.                We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                 In the present case insurance and theft of the vehicle is not disputed. After the theft, complainant filed the case with the opposite party but the opposite party vide its letter dated 08.09.2019 has repudiated the claim on the ground that : “ The above policy no. is in the name of Pooja Devi. As per RC book the registered owner name is Yashvi Soni. Since the insurance is not transferred on the name of the new owner and no specific request was received from transferee this claim is not admissible”.  The perusal of the alleged letter shows that the R.C. has been transferred in the name of complainant Yashvi. The copy of R.C. ‘Annexure C-3’ is also placed on record which shows that the same is in the name of complainant Yashvi. It is also observed that the fees regarding transfer of vehicle has been deposited with the Sub Divisional office on dated 13.06.2019 and thereafter the transfer has been made in the name of complainant with due procedure. The vehicle has been stolen on dated 26.06.2019 and intimation for transfer of certificate has been given in the department on dated 27.06.2019. If we consider that vehicle has been transferred in the name of complainant on 13.06.2019, in that case also, the complainant is entitled for the benefit of14 days as per Section 151(2) of the Motor vehicle Act, 1988, which is as under: “The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour, and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.”  If we consider section 157(1) of the Motor Vehicle Act, 1988 which is as under: Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. 1[Explanation.—For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.]., in that situation also the complainant has right of the insurance certificate of the vehicle in question. We have alsoplaced reliance upon  the ratio of law laid down in2020AIR(Civil)772 titled as Surendra Kumar Bhilawe Vs. New India Assurance Co. Ltd. whereby Hon’ble Supreme Court has held that: “ As per Section 2(30) of the Motor Vehicle Act, 1988, Owner means a person in whose name a motor vehicle stands registered”. The alleged law is fully applicable on the facts and circumstances of the case as in the present case also, the complainant Yashvi is the registered owner of the vehicle. As such after considering the above mentioned authority and Section 157(1) & Section 157(2) of M.V.Act, 1988, complainant is entitled for the insurance claim and opposite party is liable to pay the same. As per policy, the IDV of the vehicle is Rs.774360/-.

6.                In view of the fact and circumstances of the case we hereby allow the compliant  and direct the opposite party to pay the amount of Rs.774360/-(Rupees seven lac seventy four thousand three hundred and sixty only) alongwith interest @ 9% p.a. from the date of filing the present  complaint i.e. 18.11.2019 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. However complainant is directed to submit the form no.29 & 30 duly signed to the insurance company for transfer of the vehicle in favour of the insurance company within 15 days and thereafter opposite party shall comply the alleged order within one month.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 29.05.2023

 (D.M.Yadav)                (Saroj Bala Bohra)              

   Member.                     Presiding Member,

                                                          District Consumer Disputes

                                                       Redressal Commission, Bhiwani.