| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C. No. 12 of 16-01-2018 Decided on : 30-11-2021 Tajinder Singh aged about 40 years S/o Sh. Gurdit Singh, R/o #1, Hospital Area, Nilokheri, District Karnal now R/o 339-A, LIG Model Town, Phase I, Bathinda. ........Complainant Versus United India Insurance Co. Ltd., Branch Office, 7-A, Civil Lines, G T Road, Bathinda, through its Branch Manager .......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986 QUORUM Kanwar Sandeep Singh, President Sh. Shivdev Singh, Member. Present For the complainant : Sh. Jeevanjot Singh, Advocate. For opposite party : Sh. M R Gupta, Advocate. ORDER Kanwar Sandeep Singh, President Tajinder Singh, complainant (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against United India Insurance Co. Ltd., (here-in-after referred to as opposite party). Briefly stated, the case of the complainant is that he owns one Maruti Swift Dzire ZD1 IV car bearing registration No. HR-05AK-6000 Model 12/2013, and the said car was comprehensively insured with the opposite party vide policy No. F2004013116P101386100 for the period from 30.4.2016 to 29.4.2017. It is alleged that on 22.2.2017 when the car was being driven by Gurmeet Singh S/o Harwans Singh resident of Sangrur, car met with an accident and it was fully damaged. Intimation in this regard was given to the opposite party. The complainant submitted his claim and all the requisite documents such as copy of driving licence of driver, copy of ration card, copy of policy, police report, medical reports etc, with the opposite party. The oposite party has repudiated the claim of the complainnt vide letter No. BO/BTI/PO/P13J/2017/1293 dated 31.10.2017 on the ground that No objection certificate was issued to Registration Authority Ambala on 2.2.2017 in favour of Sh. Ramandeep Singh but this no objection was got cancelled by complainant on 4.10.2017 whereas the loss occurred on 22.2.2017. The reason of declining the claim of the complainant by the opposite party is totally wrong. It is pleaded that no objection certificate was issued but the ownership of the vehicle was not transferred and the vehicle in question is/was the ownership of the complainant at the time of accident. The act and conduct of the opposite party is illegal, arbitrary, unconstitutional and against the principle of natural justice. It is alleged that due to acts of the opposite party the complainant has suffered financial losses as well as physical and mental harassment for which he claims compensation to the tune of Rs. 1,00,000/-. On this backdrop of facts, the complainant has prayed for directions to the opposite party to release the claim amount and pay him compensation to the tune of Rs. 1,00,000/- in addition to Rs. 11,000/- as litigation expenses. Upon notice, the opposite party appeared through counsel and contested the claim of complainant by filing written reply raising legal objections that the complaint is not maintainable in the present form. It is further pleaded that that there is no privity of contract between complainant and opposite party as complainant has transferred the insured car before the alleged loss/accident to Ramandeep Verma, resident of # 1885/7, Ranjit Nagar, Ambala, as no objection certificate was issued by Registering Authority, Karnal to Registering Authority, Ambala on 02.02.2017 in favour of aforesaid Ramandeep Verma. Thereafter, aforesaid No Objection Certificate was got cancelled by Tejinder Singh complainant on 14.10.2017. The alleged accident, if any, occurred on 22.02.2017 and aforesaid NOC was issued on 02.02.2017. This fact finds mentioned in the R.C. of the insured car, so complainant was not having any insurable interest in the aforesaid insured car at the time of alleged accident. In this way, the complainant has violated the terms and conditions of the insurance policy, and as such claim of the complainant was rightly repudiated by the opposite party vide letter dated 31.10.2017. Further legal objections are that that the complainant has not come to this Commission with clean hands, rather has intentionally concealed the aforesaid material facts that he has transferred the insured vehicle before the accident to aforesaid Ramandeep Verma, regarding which NOC has been issued in his favour and that the present complaint is false, frivolous and vexatious to the knowledge of the complainant. On merits, the opposite party admitted that as per intimation given by complainant regarding the alleged accident, Gurmeet Singh was driving the aforesaid vehicle at the time of alleged accident. However, as stated earlier, intimation regarding the alleged accident was given very late. The claim of the complainant has been repudiated vide letter dated 31.10.2017 on the ground that No Objection Certificate was issued by Registering Authority, Karnal to Registering Authority, Ambala on 02.02.2017 in favour of Ramandeep Verma. No Objection Certificate was got cancelled by the complainant on 04.10.2017 whereas the loss was occurred on 22.02.2017. In this way, complainant was not having any insurable interest in the insured vehicle at the time of alleged accident, nor there was any privity of contract at the time of alleged accident. Issuance of NOC in favour of Ramandeep Verma amounts to transfer of vehicle. Since aforesaid repudiation is perfectly legal, so complainant is not entitled for any compensation. After denying all other averments, the complainant, prayed for dismissal of complaint. In support of his claim, the complainant has tendered into evidence his affidavit dated 4-5-2018 (Ex. C-1), photocopy of Insurance policy (Ex. C-2), letter dated 31-10-2017 (Ex. C-3), vehicle particulars (Ex. C-4) and photocopy of No Objection Certificate (Ex. C-5). In order to rebut the evidence of complainant, the opposite party has tendered into evidence affidavit dated 12-10-2018 (Ex. OP-1/1), photocopy of letter (Ex. OP-1/2), photocopy of claim form (Ex. OP-1/3), photocopy of letters (Ex. OP-1/4 & Ex. OP-1/5), photocopy of final survey report (Ex. OP-1/6), photocopy of policy (Ex. OP-1/7), photocopy of survey report (Ex. OP-1/8), photocopy intimation letter (Ex. OP-1/9), photocopy of letter (Ex. OP-1/10), photocopy of e-mail (Ex. OP-1/11), photocopy of report (Ex. OP-1/12) and photocopy of R.C. Verification. (Ex. OP-1/13). We have heard learned counsel for the parties and gone through the record. These are undisputed facts between the parties that Maruti Swift Dzire ZD1 IV car bearing registration No. HR-05AK-6000 Model 12/2013 of the complainant was comprehensively insured with the opposite party vide policy No. F2004013116P101386100 for the period from 30.4.2016 to 29.4.2017. On 22.2.2017 when the car was being driven by Gurmeet Singh S/o Harwans Singh resident of Sangrur, car met with an accident and intimation in this regard was given to the opposite party and that the complainant submitted his claim and the oposite party has repudiated the claim of the complainnt vide letter No. BO/BTI/PO/P13J/2017/1293 dated 31.10.2017. The repudiation/No Claim letter dated 31-10-2017 is produced on file by both the parties as Ex. C-3 and Ex. OP-1/10. A perusal of this document reveals that opposite party repudiated the claim of the complainant on the ground that No Objection Certificate was issued to Registration Authority Ambala on 2-2-2017 in favour of Sh. Ramandeep Verma but this No Objection Certificate was got cancelled by Tajinder Singh on 4-10-2017 whereas loss occured on 22-2-2017, thus there is breach of principle of insurance – insurable interest which is not covered under the policy terms & conditions as the owner of said vehicle was Mr. Ramandeep at the time of loss whereas policy stands in the name of complainant. A perusal of file reveals that accident in question took place on 22-2-2017 and upon intimation by complainant, opposite party deputed surveyor Er. Rajesh Aggarwal, to assess the loss. Ex. OP-1/6 is the survey report dated 31-07-2017 vide which the above said surveyor has assessed the loss to the tune of Rs.1,28,836/-. While assessing the loss, the said surveyor duly verified the registration certificate alongwith other documents and mentioned particulars of registration certificiate which shows that ownership of the vehicle in question was in the name of complainant on the date of accident i.e. 22-2-2017. Ex. OP-1/12 is the report dated 23-8-2017 on verification of R.C. of vehicle in question issued by Chander Mohan, Investigator deputed by opposite party. This report reveals that even on the date when said Investigator verified details of registration certificate, it was found in the name of complainant. No doubt, he has given remarks on the report that NOC was issued in favour of Ramandeep Verma, but after verifying the details of RC he has also given remarks in the report that RC is genuine. The opposite party has failed to produce any document on file to prove that on the date of accident, ownership of vehicle in question was not in the name of complainant rather report of above said surveyor and Investigator deputed by the opposite party proved that the complainant is the registered owner of accidental vehicle. Hon'ble Supreme Court in the case titled Surendra Kumar Bhilawa Vs. The New India Assurance Co. Ltd., (Civil Appeal No. 2632 of 2020 decided on 18-6-2020) has held that : “Person in whose name vehicle stands registered on the date of accident to be treated as “Owner”. Thus, it is proved on file that on the date of accident i.e. 22-2-2017, the ownership and insurance of the vehicle in question was in the name of complainant and repudiation of genuine claim of the complainant by the opposite party on flimsy grounds amounts to deficiency in service on their part and complainant is entitled to the claim amount Rs. 1,28,836/- as assessed by surveyor. Resultantly, this complaint is accepted with Rs. 10,000/- as cost and compensation. The opposite party is directed to pay claim amount of Rs. 1,28,836/- with interest @ 9% from the date of repudiation of claim i.e. 31-10-2017 till payment. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced : 30-11-2021 (Kanwar Sandeep Singh) President (Shivdev Singh) Member
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