Punjab

Rupnagar

CC/15/15

Harwinder Singh - Complainant(s)

Versus

United India Insurance Co. Ld. - Opp.Party(s)

Sh. Dalip Singh, Adv

16 Mar 2015

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

 

                               Consumer Complaint No. : 15 of 20.02.2015

                                 Date of decision               : 16.03.2015

 

Harwinder Singh, aged about 44 years, son of Sh. Matu Ram, resident of House No.86, Ward No. 2, Near Chris tian School, Morinda, Tehsil Chamkaur Sahib, District Ropar.

                                                                   ......Complainant

                                             Versus

 

United India Insurance Co. Ltd., branch at Micro Office, Near Punjab National Bank, GT Road, Morinda, Tehsil Chamkaur Sahib, District Rupnagar (Punjab) through its Branch Manager.

                                                                             ....Opposite Party

 

                                       Complaint under Section 12 of the                                                           Consumer Protection Act, 1986

 

QUORUM

                             MRS. NEENA SANDHU, PRESIDENT

                             SH. V.K. KHANNA, MEMBER

MRS. SHAVINDER KAUR, MEMBER

 

 

ARGUED BY

Sh. Dalip Singh Advocate, counsel for the complainant

 

 

ORDER

                             MRS. NEENA SANDHU, PRESIDENT

                   This complaint was filed under Section 12 of the Consumer Protection Act, 1986. The complainant has averred that he is the owner and in possession of one TATA Indigo LX car which was got insured by him with the O.P., by paying premium for the same, vide cover note No.6015 dated 26.3.2012 for the period from 26.3.2012 to 25.3.2013 for the sum insured of Rs.2,50,000/-. However, the said car was stolen and FIR No. 158 dated 25.3.2013 was got registered with the Police Station Chandigarh. In order to get the claim amount, he submitted all the requisite documents alongwith untraced report dated 14.6.2013 and the officials of the O.P. had assured him that the claim amount would be paid to him shortly. However, finally the O.P. has refused to pay him the claim amount. Hence, this complaint.                   

 

2.                We have heard the learned counsel for the complainant at the preliminary stage of admission of the complaint and gone through the documents placed on record, carefully.

 

3.                From the letter dated 3.7.2014 placed on record by the complainant himself, it is evident that the O.P. has repudiated the claim of the complainant on the ground that he has no insurable interest at the time of theft of the vehicle because the insurance was in the name of Sh. Baljeet Singh. From the perusal of the copies of FIR, DDR, copy of order dated 14.6.2013 passed by the CJM, Chandigarh, it is apparent that Sh. Harvinder Singh, the complainant, is the owner of the car in question, but the perusal of the insurance cover note reveals that the insurance policy in respect of the car in question was issued, in the name of Sh. Baljeet Singh. Therefore, the complainant cannot be said to have any insurable interest in the said car on the relevant date of its theft. Thus, we are of the considered opinion that since the complainant has no insurable interest in the car in question at the relevant time of its theft, thus, he has no locus standi to file the present complaint against the insurer and the same is liable to be dismissed in limini. The principle of law has already been settled on this point. In the case ‘United India Insurance Co. vs. Goli Sridhar & Anr., 1 (2012) CPJ 101 (NC), the Hon’ble National Commission has held that the complainant did not get novation of contract of insurance, in respect of the person or property, and, therefore, he did not have insurable interest on the date, on which the vehicle was stolen, thus, the insurance company is not liable to pay the claim.

 

4.                In view of the above discussion, the complaint filed by the complainant is dismissed in limini, being not maintainable.

 

                   A certified copy of this order be issued to the complainant forthwith, free of cost, as permissible under the rules, and the file be indexed and consigned to the Record Room.

 

ANNOUNCED                                                                       (NEENA SANDHU)

Dated 16.03.2015                                                  PRESIDENT

 

 

(V.K. KHANNA)                    (SHAVINDER KAUR)

                    MEMBER                                MEMBER.