BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, FEROZEPUR.
C.C. No. 33 of 2015 Date of Institution: 20.01.2015
Date of Decision: 15.07.2015
Jeet Singh son of Balwant Singh aged 37 years resident of Village Kabul Shah Hithar, Tehsil and District Fazilka 9417380546.
....... Complainant
Versus
United India Insurance Company Limited, Divisional Office, 18, Gaushala Road, Abohar, District Fazilka through its authorized signatory.
........ Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
* * * * *
PRESENT :
For the complainant : Sh. H.D.Kathpal Advocate
For the opposite party : Sh Vishal Arora Advocate
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QUORUM
S. Gurpartap Singh Brar, President
Smt. Inderjeet Kaur, Member
ORDER
GURPARTAP SINGH BRAR, PRESIDENT:-
Complainants Jeet Singh has filed the present complaint against the United India Insurance Company Limited (herein after referred to as the opposite party) pleading that complainant got insured his vehicle with the opposite party for sum insured Rs.5.5. lacs by paying premium of Rs. 22,333/- and the insurance was valid for the period from 18.1.2014 to 17.1.2015. It has been pleaded that the above said vehicle met with an accident on 25.6.2014 and the vehicle of the complainant was damaged. The complainant gave information to the opposite party in this regard. The opposite party appointed a surveyor, who assessed the loss of the vehicle in dispute. However, the opposite party repudiated the claim of the complainant on the ground that the route permit was on the name of previous owner, whereas, the complainant disclosed this fact to the opposite party at the time of obtaining the insurance policy and the opposite party did not raise any objection in that regard. Due to the negligent act of the opposite party, the complainant is suffering from mental and physical harassment and economic loss. Pleading deficiency
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in service on the part of the opposite party, the complainant has prayed that the opposite party be directed to pay Rs.38,100/- as claim amount, to pay Rs.25,000/- as compensation for mental agony, pain and harassment and Rs. 11,000/- as litigation expenses.
2. Upon notice, the opposite party appeared and filed written reply to the complaint, wherein it has been pleaded that complainant Jeet Singh purchased a motor package policy from the opposite party, which was valid from 18.01.2014 to 17.01.2015 and the said vehicle met with an accident on 25.06.2014. The complainant submitted the route permit, which was not transferred in his name. The route permit was in the name of previous owner of the insured vehicle Piara Singh son of Makhan Singh. The complainant was asked to submit the valid route permit transferred in his name at the time of accident on 25.06.2014 for consideration of the claim of the complainant. Complainant Jeet Singh did not submit the route permit transferred in his name. The complainant visited the office of opposite party and verbally informed that he had no valid route permit transferred in his name at the time of accident on 25.06.2014. Vide letter dated 13.10.2014, the opposite party repudiated the claim of the complainant on the ground that the complainant did not possess a valid route permit transferred in his name, which is violation of Section 82 of the Motor Vehicle Act. The complainant did not disclose
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that the route permit was in the name of previous owner at the time of issuance of the policy, so the opposite party did not raise any objection. The complainant submitted his claim paper by fulfilling all required formalities with the opposite party for the settlement. But the opposite party repudiated the claim of the complainant on the ground that route permit was in the name of previous owner Piara Singh. Hence, the opposite party has rightly been repudiated the claim of the complainant. Other allegations of the complaint have been denied and dismissal of the complaint has been prayed for.
3. Learned counsel for the complainant tendered into evidence Ex.C-1 to Ex.C-7 and closed evidence on behalf of the complainant. On the other hand, learned counsel for the opposite party tendered into evidence Ex.O.P-1 to Ex.O.P-10 and closed evidence on behalf of the opposite party.
4. We have heard the learned counsel for the parties and have also gone through the file.
5. Learned counsel for the opposite party has contended that the complainant is not a consumer of the opposite party. Since the complainant purchased the insurance policy from the opposite party for consideration, so he is a consumer of the opposite party. The main grievance of the complainant is that the opposite party repudiated the
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claim of the complainant on false and flimsy ground that the route permit is on the name of the previous owner. From all these evidence we find that though the vehicle was registered in the name of the complainant Jeet Singh and he has insured the vehicle in his name from 18.01.2014 to 17.01.2015 but the vehicle met with an accident on 25.06.2014 and at that time the permit was in the name of previous owner of the vehicle. The complainant got transferred the vehicle in his name, but he had not transferred the route permit of the vehicle in question in his name from the previous owner when the accident took place on 25.06.2014. The complainant himself pleaded in para No.4 of the complaint that at the time of issuance of the insurance policy the route permit was on the name of previous owner. According to the section 82 of the Motor Vehicles Act 1988 for transfer of the permit, “ 1) Save as provided in sub section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorized by the permit. 2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself:
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provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. 3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that the transport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified.” Accordingly a permit cannot be transferred with the transfer of the registration certificate from the name of seller to purchaser of the vehicle and a purchaser should apply before the appropriate authorities for transfer of permit in his name from the previous owner and till a new permit is issued to the purchaser of the vehicle, the previous issued permit cannot be considered as legal by the purchaser of the vehicle. In the present complaint the complainant had not applied for transfer of the permit immediately in his name after the purchase of the vehicle he only got transferred the registration certificate
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in his name and at the time of accident on 25.06.2014 the permit was in the name of previous owner of the vehicle, which is not considered to be valid. Hence, we dismiss this complaint as the complainant did not have the valid permit in his name when the accident took place on 25.06.2014 and the opposite party rightly repudiated the claim of the complainant on that basis. Parties are left to bear their own costs. File be consigned to the record room.
Announced
15.07.2015
(Gurpartap Singh Brar)
President
(Inderjit Kaur)
Member
