UNITED INDIA INSURANCE CO LTD Vs. GOLI SRIDHAR

JUDGEMENT

(1.) United India Insurance Company Ltd., Petitioner herein which was the opposite party before the District Forum, has filed this Revision Petition against the order dated 4.6.07 passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh (in short, 'the State Commission') in appeal No. 643/07 whereby the State Commission has dismissed the appeal upholding the order of the District Forum directing the Petitioner to pay a sum of Rs.3,06,000/-with 9% interest p.a. from the date of filing the petition, i.e. 1.9.06 to the Respondent/complainant along with costs of Rs.1,000/-.

(2.) Smt. Ratna Jain, who was the owner of the Indica car bearing No. AP.15P 6285, got the vehicle insured for the period from 3.3.2004 to 2.3.05. Respondent/ Complainant purchased the said car form her and got it transferred in his name on 8.3.04. Respondent along with his family members went to Vijayawada Krishna Pushkaram in the said car. The car was stolen while the family of the Respondent was taking holy bath in the Krishana river. Respondent reported the matter to the police who registered a case of theft in crime No.260/04. Respondent also obtained a final report submitted by the police before the Magistrate that the car was not traceable. Respondent lodged the claim with the Petitioner. Claim was not settled. Alleging deficiency in service on the part of the Petitioner in not settling the claim, Respondent filed the complaint before the District Forum.

(3.) Petitioner, on being served, put in appearance and filed its written statement resisting the complaint, inter-alia, on the grounds that there was no privity of contract between the complainant and the Petitioner. That the Respondent had not applied for transfer of the policy within 14 days of the transfer of the ownership in the prescribed form to the insurer for making necessary changes. That since the policy had not been transferred in the name of the Respondent, the Petitioner was not liable to reimburse to the loss incurred by the Respondent.