Order dictated by:
Sh.Anoop Sharma, Presiding Member
- Shiv Kumar complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that complainant has purchased Royal Bullet Motorcycle model 2015 bearing registration No. PB-02-CT8106 from one Jagdish Kaur in the month of February, 2016. The said vehicle was not transferred in the name of the complainant in the office of the District Transport Officer, Amritsar and the policy of the same was also not transferred in the name of the complainant. The said vehicle was insured with the opposite party vide policy No. 2003043115P107979955 valid from 10.10.2015 to 11.10.2016. The said vehicle was stolen on 25.2.2016 and FIR No. 35 dated 25.2.2016 was got registered at P.S. Kotwali,Amritsar . The complainant lodged claim with the opposite party on 27.4.2016 which was repudiated by the opposite party on the ground that the RC of the vehicle is not transferred in the name of the complainant nor the Insurance policy was transferred in the name of the complainant. The police of P.S. Kotwali ,Amritsar has given untraceable report and the complainant again approached the opposite party with the said report , but to no effect. The previous owner of the said vehicle has given the special power of attorney to the complainant to contest the case and to recover the amount of the Insurance policy from the opposite arty. Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite party be directed to pay Rs. 1,00,000/- to the complainant which is the amount of the motorcycle which has been stolen;
- Opposite party be also directed to pay adequate litigation expenses.
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version taking certain preliminary objections therein inter alia that at the time of alleged loss/theft , the complainant was not having any insurable interest pertaining to the vehicle in question i.e. motorcycle No. PB-02-CT-8106 as the same stood registered in the name of Jagdish Kaur and not in the name of the complainant. As such the complainant not being the registered owner of the vehicle in question , any alleged loss of the same is not payable by the opposite party ; that there is no privity of contract between the opposite party and the complainant. The present Insurance policy was originally issued in the name of Jagdish Kaur and at the time of alleged loss the Insurance of motorcycle No. PB-02-CT-8106 was in the name of Jagdish Kaur. As such the complainant is not the insured person and hence, is not entitled to get any claim ; that the untraceable report of the stolen vehicle is required to be accepted by the concerned magistrate as provided under section 171 of Cr.P.C. ; that complainant has not approached this Forum with clean hands and has tried to conceal the material facts. The complainant is neither the registered owner nor the insured as far as the vehicle in question is concerned. Moreover, if the complainant had actually purchased said vehicle, he would have got the Insurance policy of the same transferred in his name, but he failed to do so ; that the present claim was found non-payable and resultantly the opposite party repudiated the claim in question vide letter dated 27.4.2016, therefore no consumer dispute survives. Hence, the complainant has no right to file the present complaint. On merits , facts narrated in the complaint have specifically been denied and a prayer for dismissal of complaint was made.
3. In his bid to prove the case complainant tendered into evidence his duly sworn affidavit Ex.C-1,special power of attorney Ex.C-2, copy of letter dated 27.4.2016 Ex.C-3, copy of untraced report Ex.C-4, copy of FIR Ex.C-5, copy of receipt letter Ex.C-6, copy of voter identity card Ex.C-7,copy of Insurance policy Ex.C-8 and closed his evidence.
4. To rebut the aforesaid evidence Sh. Sandeep Khanna,Adv.counsel for opposite party tendered into evidence affidavit of Sh.P.S. Mann,Deputy Manager Ex.OP1, original repudiation letter Ex.OP2, copy of Insurance cover note Ex.OP3, original report of DTO Ex.OP4 and closed the evidence on behalf of the opposite party.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. From the facts and circumstances of the case, it becomes evident that complainant has purchased the vehicle Royal Enfield Bullet Motorcycle bearing registration No. PB-02-CT8106 from one Jagdish Kumar in the month of February, 2016. It also becomes evident that neither the said vehicle was transferred in the name of the complainant nor the policy was got transferred in the name of the complainant. Rather the said vehicle was insured with the opposite party vide policy No. 2003043115P107979955 valid for the period from 10.10.2015 to 11.10.2015 in the name of previous owner, copy of Insurance policy accounts for Ex.C-8 on record. The said vehicle was stolen on 25.2.2016 and FIR to this effect was registered vide No. 35 dated 25.2.2016 at P.S. Kotwali, Amritsar, copy of FIR accounts for Ex.C-5 on record. However, the claim lodged by the complainant stands repudiated on the ground that neither the complainant till date transferred the RC in his name nor has got transferred the insurance in his name, as such claim has been repudiated, copy of repudiation letter is Ex.OP2 on record. The only plea of the complainant that he has obtained special power of attorney from the previous owner Mrs.Jagdish Kaur for the recovery of the claim from the Insurance policy, copy of special power of attorney is Ex.C-2 on record. But this does not help the complainant in any way as it does not prove the complainant as consumer. As the vehicle stands in the name of the previous owner Jagdish Kaur and the Insurance policy also stands in the name of the previous owner Jagdish Kaur, as such the complainant does not become the consumer under the Consumer Protection Act, 1986 to file the present complaint . Though the complainant has purchased the vehicle from Jagdish Kaur, yet even then the RC not transferred in the name of the complainant, complainant has no insurable interest to file the present complaint.
7. So from the entire above discussion, we do not find any merit in the present complaint and the same is hereby dismissed accordingly. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 25.4.2017
