DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 70 of 19.2.2016
Decided on: 2.8.2017
Harpreet Singh S/o Sh.Thakur Singh R/o H.No.137/8, Dogran Mohalla, Sirhindi Gate, Patiala.
…………...Complainant
Versus
United India Insurance Company Limited, Sai Market, Patiala through its Senior Divisional Manager.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Rakesh Malkhotra,Adv.counsel for complainant.
Sh.D.P.S.Anand,Advocate,counsel for the opposite party.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Harpreet Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To pay the insurance claim amount of 2.50,000/- alongwith interest @24% P.A. from the date of theft till its actual payment
- To pay Rs.1,00,000/- as compensation for causing mental agony and physical harassment
- To pay Rs.15,000/- as litigation expenses.
2. In brief, the case of the complainant is that he purchased the vehicle bearing No.PB-11-AN-6064 from Sh.Prem Singh S/o Sh.Babu Singh C/o M/s B.P. Industries Estate, 4-A, Sirhind Road, Patiala. At the that time the vehicle was already insured with the OP vide insurance cover note No.404066 w.e.f.7.10.2014 to 6.10.2015, in the name of Sh.Prem Singh. Immediately, after the purchase of the said vehicle, he approached the OP for the transfer of the insurance policy in his name but the concerned official told him to firstly get the transfer of the ownership in the RC of the vehicle. Accordingly he got the RC transferred in his name and approached the OP for the transfer of the insurance policy in his name but then the concerned official told that now the time for the transfer of the insurance policy left and could be done at the time of renewal of the insurance policy.Unfortunately on the intervening night of 29-30.3.2015, the vehicle of the complainant stolen, from the place, where he was residing at that time i.e. H.No.K-79, Krishna Puri, Gali No.13, Tilak Nagar, NewDelhi. He gave the intimation of theft of the vehicle to the Police, who lodged FIR No.551 dated 30.3.2015, U/S 379 IPC .He also informed the OP and submitted all the requisite papers alongwith untraceable report of dated 20.8.2015.The claim was lodged through Mr.Prem Singh, the previous owner of the vehicle, in whose name the vehicle was insured. But the OP wrongly repudiated the claim vide letter dated 9.11.2015 on the ground that, ‘as Mr.Prem Singh has sold the vehicle to Mr.Harpreet Singh, so Mr.Prem Singh was not having any insurable interest on the vehicle’. Thereafter he approached and requested the OP for the payment of the claim amount but they did not listen and refused to reconsider his claim.The OP was also got served with the legal notice dated 31.12.2015 but to no effect. The said act of the OP amounted to deficiency in service which caused mental agony and physical harassment to him.
3. On being put to notice, the OP appeared and filed the written version taking preliminary objections that the present complaint is not maintainable on the ground that there was no privity of contract between the complainant and the insurance company; that the complainant has no cause of action and locus standi to file the present complaint and that the complicated question of law and facts are involved which can only be decided by the Civil Court . On merits , it is stated by the OP that it has got no knowledge of sale and purchase of the insured vehicle as neither the seller nor the purchaser had ever informed it with regard to sale & purchase of the vehicle, which amounted to violation of provisions of terms and conditions of the policy and also the provisions of Motor Vehicle Act and IRDA regulation G-17. It is however, stated that vehicle bearing No.PB-11-AN-6064 was insured with it for the period from 7.10.2014 to 6.10.2015 for the sum of Rs.2,50,000/-in the name of Sh.Prem Singh S/o Sh.Babu Singh C/o M/s B.P.Sirhind Road, Patiala. The complainant had never visited the office for getting the insurance policy transferred in his name.There is proper procedure to get transfer the policy as per guidelines of IRDA and Motor Vehicle Act. It is stated that on receipt of intimation of loss on 1.5.2015, it immediately deputed Sh.B.P.Mehta, Investigator, Gurgaon to investigate the matter, who vide his report dated 31.8.2015, recommended to repudiate the claim as the complainant has got no insurable interest in the lost vehicle as he was neither the registered owner nor the insurance policy was in his name.The claim was thus rightly repudiated vide letter dated 9.11.2015 and the complainant was informed accordingly.There is no deficiency of service on its part. After denying all other averments made in the complaint, it was prayed to dismiss the complaint.
4. On being called to do so, the ld.counsel for the complainant has tendered in evidence affidavit of the complaiant,Ex.CA alongwith documents Exs.C1 to C7 and closed the evidence.
The ld.counsel for the OP has tendered in evidence affidavit of Smt.Uma Dhir, Sr.Branch Manager, Ex.OPA alongwith documents Exs.OP1 to OP10 and closed the evidence.
5. We have heard the ld.counsel for the parties, gone through the written arguments filed by the ld.counsel for the complainant and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has argued that the complainant has purchased the car in question from Sh.Prem Singh and immediately thereafter, he went to OP for transfer of the insurance policy in his name. The official of the OP told him, first to get the R.C. of the said car transferred, in his name. He, accordingly got transferred the R.C. of the car in question, in his name and approached the OP for transfer of the insurance policy in his name. However, the concerned official of the OP told him that the insurance policy was about to mature and he should get the insurance policy transferred, in his name at the time of its renewal. However, in the intervening night of 29-30.3.2015, the car in question was stolen . Accordingly he informed the police and the OP immediately and also lodged the claim through Sh.Prem Singh, the previous owner of the vehicle, in whose name, the vehicle was insured .But the OP repudiated the claim illegally vide letter dated 9.11.2015 .
7. On the other hand, the ld. counsel for the OP has argued that at the time of occurrence of incidence, Sh.Prem Singh was not the owner of the car in question, as the complainant after its purchase got transferred the same in his name However, neither complainant nor Prem Singh had moved any application for transfer of the insurance policy, in the name of the complainant. No doubt, at the time of occurrence of the incidence, the insurance policy of the said car was in the name of Sh.Prem Singh, but at that time, he was not the owner of the car in question. Therefore, he is not entitled to get any claim
From the perusal of R.C. Ex.C1, it is evident that Sh.Harpreet Singh is the owner of the vehicle in question. From the copy of cover note, Ex.C2, it is evident that the insurance policy qua the vehicle in question is in the name of Sh.Prem Singh. As such on the date of occurrence of the incidence, there was no privity of contract between the complainant and the insurance company. Even Sh.Prem Singh through whom the claim was lodged was not entitled to get the claim because at the date of occurrence of the incidence, he was not the owner of the vehicle in question. Taking all these facts and circumstances into consideration, we are of the view that the insurance company has rightly repudiated the claim of the complainant.
8. In view of the aforesaid discussion, we do not find any merit in the complaint. Consequently, we dismiss the same without any order as to costs. Certified copies of the order be sent to the parties free of cost under the rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:2.8. 2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
