SUNEER PARAMBADAN Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) IN this revision there is challenge to order dated 18.6.2010 passed by Kerala State Consumer Disputes Redressal Commission (for short, 'the State Commission'). Alongwith this revision, an application for condonation of delay has also been filed, but no period of delay has been mentioned.

(2.) BRIEF facts are that petitioner/complainant purchased a Toyota Qualis Car No.KL -16/4464 from one Abdul Rasheed on 23 -7 -2006. The vehicle was insured with respondent/opposite party the policy of which was in the name of Abdul Rasheed, for the period 22 -7 -2006 to 21 -7 -2007. It is stated that petitioner and Abdul Rasheed had informed the respondent about the transfer of the vehicle on 24 -7 -2006 and requested it to transfer the insurance policy in favour of the petitioner. The respondent directed the petitioner to produce the Registration Certificate of the vehicle after effecting the transfer in the Registration Certificate. On 31 -7 -2006, Registration Certificate was transferred in favour of the petitioner. On the same day, petitioner entered into a hire purchase agreement with ICICI Bank Ltd., and handed over the original Registration Certificate to the Bank for the purpose of loan.

(3.) ON 08 -8 -2006, petitioner and Abdul Rasheed approached respondent with the photostat copy of the Registration Certificate book showing the transfer of the vehicle in his name. Respondent refused to transfer the insurance policy and insisted that petitioner should produce the original Registration Certificate. While so, making efforts to produce the original Registration Certificate, on 20 -3 -2007 the vehicle was stolen. On report of theft of the vehicle, Vazhakkadu Police had registered crime No.91/2007 u/s 380 and 457 of I.P.C. The vehicle could not be recovered by police and the case was referred as undetected. Petitioner preferred a claim along with necessary documents, but respondent repudiated the claim. Hence, the present complaint.