IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of December, 2016
Filed on 21..07..2014
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.184/2014
between
Complainant:- Opposite Party:-
Azeez.P.P The New India Assurance Co.ltd
S/o Pareekutty Rep. by its Manager
Vadakke Puthuvachira Divisional Office
Cheruvaranam, Near Y.M.C.A.Bridge
Varanam P.O Alappuzha
Cherthala [Adv. C. Muraleedharan]
Alappuzha District
[Adv. James Chacko]
O R D E R
SMT.ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
On 8-11-2013 complainant purchased a Mini Tipper Lorry bearing registration number KL.63/A 1365 from One Augistine and sale was intimated to the opposite party on the next working day by the complainant and requested to the opposite party to alter policy holder’s name to complaint’s name in the policy certificate. But in replay, the opposite party said to the complainant to change RC endorsement first and then approach them with changed R.C Book and only on that basis they can change endorsement on policy certificate. Believing the opposite party’s assurance complainant and previous owner of vehicle approached angamali RTO and applied for clearance of policy certificate from there on 08-11-2013. On 11-11-2013 Angamaly RTO issued clearance certificate and sent it to cherthala RTO, office through post, on 21-11-2013 and said clearance certificate reached cherthala RTO on 22-11-2013 itself. The complainant duly paid fees to cherthala RTO office for changing RC endorsement and for permit by submitting original vehicle’s R.C, Insurance permit, Fitness Certificate etc. along with application for changing address in R.C Book. On 25-11-2013 Complainant got R.C, permit changed to his name. On the next day itself complainant approached Insurance Company’s office at Angamaly along with R.C book , Permit Policy Certificate etc and application duly given to the opposite party authorities and requested them to change the owner’s name to complainant’s name within a short time. After verifying change in the name of owner ship in R.C Book, they assured that they will change owner ship in the insurance certificate immediately and will issue fresh policy. But the opposite party had made willful delay changing name in the policy certificate against the promised assurance given to the complainant. on 4.12.2013 complainant’s above said Mini Lorry and met with an accident while on the way t take load from Quarry and the said lorry partly damaged. The said accident was duly intimated to police station and also to the insurance company authorities and also lodged claim form to the opposite party . After surveying the vehicle opposite party repudiated complainant’s genuine claim on the ground that owner ship changing was not duly intimated to them in time. The above accident complainant’s vehicle repair both work of |Rs 60,000/- and the complainant was legally entitled for the said amount. The denial of legally entitled assured sum by the opposite party caused a lot of mental agony and also huge money loss to the complainant.
2. Alleging deficiency in service on the part of the opposite party the complaint is filed.
3. Version of the opposite party is follows:-
The Forum has no territorial Jurisdiction to entertain the complaint. The Angamaly branch of the company issued a package policy to one Mr. Augustain for his vehicle no, KL. 63/A1365 for the period from 3.8.2013 to 2-8-2014. The complainant made a request on 23-12-2013 for transferring the policy in his name as he has already purchased the vehicle an effected transfer in the R.C book. The complainant was asked to remit the required the fee of Rs.57 and remitted the amount on 23-12-2013 on that day itself the policy was transferred by endorsement in his name. One Anwar Sadik made a claim on 6-12-2013 that the vehicle damaged due to an accident on 4-12-2013 immediately the company deputed surveyor and the surveyor assessed the damaged and submitted report on 28-1-2014. On the perusal of the records produced it is born pout the vehicle was transferred on 8-11-2013 in the name of the complainant but the policy was transferred only on 23-12-2013 hence on the date of accident there was no privity of contract with the complainant and the company. It is mandatory that the transfer of policy has to be effected within 14 days from the date of transfer, that was not done hence the company is not liable to pay any amount thus the claim was repudiated. Complainant was examined as PW1. The document produce were marked as ExtA1to A12. Surveyor was examined as PW2. AMVI was examined as PW2. Opposite party was examined as RW1. The documents produce were examined as Ext.B1 to Ext.B7. One witness Insurance surveyor was examined as RW2
- The points for consideration are:-
- Whether the complainant is maintainable?
- Whether there is any deficiency in service?
- If so the reliefs prayed for
5. Points No.1:-
The first contention of the opposite party is that this Forum has no territorial jurisdiction to entertain the complaint. According to the opposite party since the policy was issued from Agamali branch of opposite party no part of the cause of action was arising within the jurisdiction of this Forum. It is an admitted fact that the vehicle was registered in the name of the complainant during the time of the accident, and the Registration Certificate Book was issued by the Assistant Regional Transport Officer Cherthala. It is also admitted fact that insurance policy was issued in favor of the prior owner by the opposite party at Angamali branch. As per section 11 (2 (A) The complainant shall be instituted in a District forum within the local limits of whose Jurisdiction.
- The opposite party or each of the opposite parties where there are more than one at the time of institution of the complaint actually and voluntarily resides or carries on business or has a branch office or personally work for gain. In the instant case the opposite party has a branch office at Cherthala which is within the jurisdiction of this Forum and hence the complaint is maintainable.
6. Point No.2:
The Complainant purchased the vehicle No. KL.63/A 1365 Tipper Lorry from one Augustine on 8-11-2013 21 May admitted fact that the vehicle damaged due to an accident on 4/12/2013. According to the complainant the vehicle got repair works of Rs. 60,000/- and he intimated the accident to the insurance company authorities and also lodged claim form to the opposite party, but opposite party after surveying the vehicle repudiated the claim on the ground that ownership changing was not intimated to them in time. They further alleged that it is the duty of the opposite party to sanction the legally entitled assured sum to them. But opposite party raised the contention that since the policy was transferred in favour of the complainant only on 23/12/2013, on the date of an accident, there was no privity of contract with the complainant. The learned counsel of opposite party vehemently argued relying the decision of Honorable National Commission reported in 2106(1) CPR 377 United India Insurance Company, Vs Bundela Singh Rajput since deceased LRs and Others. In the said decision Honorable National Commission laid down that insurance company is justified in repudiation of the insurance claim when respondent had no insurable interest in vehicle on date of theft. The facts and circumstances of the said case is entirely different with the instant case. In the instant case vehicle was purchased by the complainant on 8/11/2013 Ext.A6 evidence the same. According to the complainant on 22/11/2013 he paid fees to the RTO of Cherthala for changing the owner ship in Registration Certificate endorsement and for permit and he produced the payment receipt which marked as Ext. A4. He further stated that only on 27/11/2013 he had got the original Registration Certificate endorsement permit in his name. The copy of the Registration Certificate book also produced and marked as Ext.A2. In order to substantiate his allegation, the AMVI who was authorized by the Joint RTO their examined as PW3. Why the examine the category stated before the Forum with “……………………………..” Ext.A8 is the letter sent by the opposite party to the complainant repudiating his claim. It is pertinent is not that as per Ext.A8 opposite party repudiate the claim of the complainant stating as follows.
“ On scrutiny of the claim papers it is noticed that the RC is transferred to your name w.e.f. 08.11.2013, whereas the policy is transferred to your name only on 23.12.2013. The accident has taken place on 04.12.2013. Hence as per the General regulations 17 of India Motor Tariff “The Transferee shall apply within 14 days from the date of transfer in writing under recorded delivery to the insured who has insured the vehicle , so that the insurer my make the necessary changes in his record and issue Fresh Certificate of Insurance. The policy could have been transferred to your name within 14 days of transfer of RC to your name. (i.e. within 14 days from 8.11.2013) However you have transferred the policy to your name only on 23.12.2013.
From the above we come to the conclusion that there was not valid policy in your name on the date of accident i.e. on 04.12.2013. Hence we regret our inability to entertain your claim. Kindly bear with us for the inconvenience caused to you in this regard.”
The Opposite party repudiate the claim since the complainant filed to apply to transfer the policy to his name within 14 days from the date of transfer in the name of the complainant. According to the opposite party also has been transferred in the name of the complainant then 14 days of transferred of Registration Certificate to the complainant name with his then 14 days from 8/11/2013, but from the deposition of PW3 and also as per Ext.A2. It is clear that the vehicle was transferred in the name of the complainant only on 25/11/2013. It so the policy could have been transferred within 14 days from 25/11/2013. In the instant case the accident was on 4/12/2013 that is within the permissible period on 14 days. In the decision report in 2013 (1) CPR 451(National commission) Honorable National Commission in the similar case finds that on the date of loan policy did not stand in the name of the complainant but it’s equally true that the applicable rule (GR-17) allowed him time of 14 days. In the instant case since the accident had taken place then permissible period of 14 days from the change of owner ship to repudiating of the claim by the opposite party amount to deficiency in service.
- Point No 3:- According to the complainant his vehicle get repair works or Rs.60,000/- he claim the said amount. The survey report produced by the opposite party which marked as Ext.B5 shows that the net assed loss is Rs.15,899.87. Complainant also produce survey report prepared by private surveyor marked as Ext.A12 per Ext. A12 the net assessed loss is Rs. 20,680/-. In decision reported in 2013(3) CPR 461 Honorable National Commission lane down that report of surveyor will get preponderance other private surveyor private surveyor report. Hence whether opinion that the complainant is entitled to get Rs 15,900/- towards claim amount the damages sustained to the complainant’s vehicle as per the policy issued by the opposite party.
In the result complainant is allowed. Opposite party is directed to pay an amount of Rs. 15,900/- for the damages sustained to the vehicle owned by the complainant 9% from the date of complaint till realization. Opposite party further directed to pay Rs.2000/- by cost of proceedings. The order shall be complied within one month from the date of the receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 31st day of December, 2016.
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Sd/-Smt. Jasmine D (Member)
Appendix:
Evidence of the complainant:
PW1 - Azeez P.P
PW2 - P.K. Purushothaman pilla
PW3 - Sujeesh.s
Ext.A1- Copy of G.D. Entry form
Ext.A2- Copy of R.C . Book of KL 63 A/1365
Ext.A3- Copy of Permit of KL 63 A/1365
Ext.A4- Copy of receipt of changing Addres in R.C.Book
Ext.A5- Copy of D.L of Anvar Sadikh
Ext.A6- Copy of Clearance Certificate. RTO Agmali
Ext.A7- Copy of Original Insurance Policy Certificate
Ext.A8- Original Claim repudiation letter
Ext.A9- Original final Bill
Ext.A10- Copy of Insurance policy Certificate
Ext.A11- Copy of application given to opposite party
Ext.A12- Original Survey report
Evidence of the opposite party:-
RW1 - Aprain Thomas
RW2 - Sunny C Mathan
Ext.B1- True Copy of policy in the name of Augustain
Ext.B2- Receipt for transfer fee
Ext.B3- Transfer endorsement
Ext.B4- Claim form dated 6.12.13
Ext.B5- Survey Report dated 28.1.2014
Ext.B6- Copy of repudiation letter dated 10.2.14
Ext.B7- Copy of reply notice dated 11.08.14
-//True copy//-
By Order,
Senior Superintendent
To
Complainant/Opposite party/S/F
Typed by :-Br/- Compd by:
