NEW INDIA ASSURANCE CO LIMITED Vs. RAKESH KUMAR

JUDGEMENT

(1.) THIS is an appeal against the order of District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) dated 14.1.2005 in Complaint Case No. 212 of 2004 and R.B.T. No. 690 of 2004, Rakesh Kumar v. The New India Assurance Co. Ltd.

(2.) BRIEFLY the case of the complainant is that he had purchased a Hero Honda Splendor motor cycle No. CH -03 -E -0304, Chasis No. 01D2OF -11393, Engine No. 01D18E29333, Model 2001 from Shri Sukhraj Singh. The previous owner i.e., Sh. Sukhraj Singh had got this motor cycle insured vide policy No. 350306310212088 and the risk period covered was from 10.3.2003 to 9.3.2004. The complainant got the motor cycle transferred in his name and the registration certificate indicating the same is at Annexure C -5 of the complaint. It is averred by the complainant that vide his letter dated 21.3.2003 sent under Certificate of Posting, he informed the OP that the vehicle has been transferred to his name and, therefore, the insurance policy too, should also be transferred to his name. Since his letter elicited no response, he again sent another letter dated 14.5.2003 requesting the OP to transfer the insurance policy to his name. This letter was also sent under Certificate of Posting. However, no action was taken even on this letter. In the meanwhile, the motor cycle was stolen from free parking place near Neelam Cinema, Sector 17, Chandigarh on 31.12.2003 at about 8.03 p.m. The Complainant lodged F.I.R with the Police Station, Sector 17, Chandigarh and he also informed the OP about the theft of the motor cycle. He requested the OP that the insurance claim be paid to him. The OP vide their letter dated 27.2.2004 directed the complainant to produce the document by which the insurance policy has been transferred to his name. The complainant vide his letter dated 12.3.2004 sent under registered cover A.D informed the OP that he had made the request for transfer of the policy vide his letter dated 21.3.2003 and 14.5.2003 but the OP had not sent any response to the same. The OP vide letter dated 25.3.2004 expressed their inability to entertain the claim stating that they had no knowledge of the letters, requesting transfer, sent by the complainant to the OP. The complainant avers that the OP has failed to transfer the insurance policy of the motor cycle in his name and repudiated his legal claim. He, therefore, served a legal notice dated 19.4.2004 on the OP but the OP vide their letter dated 13.5.2004 repudiated his claim. Stating the repudiation to be a deficiency in service, this consumer complaint has been filed by the complainant seeking the following relief from the OP: (i) Sum insured Rs. 32,640.00 (ii) Mental Harassment Rs. 5,000.00 (iii) Cost of litigation Rs. 5,500.00 Rs. 43,140.00

(3.) THE OP in its written statement has stated that the complainant is not a consumer qua the OP and the insurance policy in question had been taken out by the previous owner Shri Sukhraj Singh. The OP has denied receipt of letter of the complainant dated 21.3.2003 and 14.5.2003. The OP claimed that these letters are fabricated documents. Further the OP stated that since the complainant has not paid the transfer fee of Rs. 50 to the OP, the transfer of the insurance policy could not be done in the name of the complainant. It has also been pleaded that even the previous owner had not informed the OP about the sale of the motor cycle in question to the complainant, Reiterating that the claim was rightly repudiated, the OP prayed for dismissal of the complaint.