RANDHIR JAIN Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 30.08.2013, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 30/2010, "Oriental Insurance Co. Ltd. versus Randhir Jain.", vide which, while allowing the said appeal, the order dated 08.06.2009, passed by the District Forum in consumer complaint No. 756/2008, filed by the present petitioner, allowing the said complaint, was set aside and the consumer complaint was ordered to be dismissed.

(2.) The brief facts of the case are that the petitioner/complainant Randhir Jain purchased a Maruti Car, bearing registration No. DL-9CF 9856 from the earlier owner Ripin Kumar Mittal in the month of March 2008. The said car had been insured for a sum of Rs.1,50,000/- for the period from 18.10.2007 to 17.10.2008 in the name of the owner Ripin Kumar Mittal. The original owner had purchased the said car in December 2004 from M/s. Rama Motors. The car met with an accident near Palwal, Haryana and was seriously damaged. As per the complainant, he brought the damaged car to his residence in Delhi and gave intimation to the OP Insurance Company to arrange for its inspection. It is stated in the consumer complaint, however, that the clerk of the complainant went to the address of the OP Insurance Company at Gupta Market, Laxmi Nagar, Delhi but found the premises locked. The complainant alleged deficiency in service on the part of the insurance company, saying that they never informed about the shifting of their office to the policy holder, Ripin Kumar Mittal or to the complainant. The complainant then found out the new address of the OP Insurance Company and is stated to have sent the letter of intimation to their office on 27.05.2008, a fact which is denied by the OP Insurance Company. The complainant then took the car for repairs to the workshop of M/s. Competent Automobiles Company Limited at Delhi, where an estimate of Rs.1,51,301/- was given to him. The complainant is stated to have sent this estimate alongwith a letter to the OP Insurance Company, but the said Company repudiated the insurance claim vide their letter dated 02.06.2008, saying that the complainant had no insurable interest in the matter, as the policy was in the name of the original owner R.K. Mittal. The complainant filed the consumer complaint in question, seeking a total compensation of Rs.3,25,900/- from the insurance company, alongwith cost of litigation and interest @15% p.a.

(3.) The District Forum allowed the consumer complaint and directed the OP Insurance Company to pay a compensation of Rs.1,20,000/- after adjusting the salvage value of the vehicle of Rs.30,000/- alongwith interest @10% p.a. The District Forum, while passing this order placed reliance on an order passed by this Commission in "Narayan Singh vs. New India Assurance Co. Ltd." [IV (2007) CPJ 286 (NC)] stating that after the sale of the vehicle, the insurance policy gets automatically transferred in favour of the purchaser. Being aggrieved against the order of the District Forum, the OP Insurance Company challenged the same by way of an appeal before the State Commission.