First Appeal No. 150 of 2014. Case: Sunder Lal Sharma Vs Shri Ram General Insurance Company Ltd.. Himachal Pradesh State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 150 of 2014 |
| Counsel | For Appellant: R.S. Chandel, Advocate and For Respondents: Jagdish Thakur, Advocate |
| Judges | Surjit Singh, J. (President) and Prem Chauhan, Member |
| Issue | Consumer Protection Act, 1986 - Section 12; Motor Vehicles Act, 1988 - Section 157 |
| Citation | III (2014) CPJ 245 |
| Judgement Date | July 16, 2014 |
| Court | Himachal Pradesh State Consumer Disputes Redressal Commission |
Order:
Surjit Singh, J. (President)
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Present appeal is directed against the order dated 14.3.2014, of learned District Consumer Disputes Redressal Forum, Shimla, whereby appellant's complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondents, has been dismissed, with the finding that the policy, under which the claim was lodged by the appellant with the respondents, is in the name of a person, who had no insurable interest in the vehicle, as the same stood transferred by the said person long before the purchase of policy. Appellant filed a complaint, under Section 12 of the Consumer Protection Act, 1986, against the respondents alleging that he owned a Maruti car, which was insured in the sum of Rs. 80,000, with the respondents, for the period from 13.7.2010 to 12.7.2011, and that the said car met with an accident on 4.10.2010 and damage to the tune of Rs. 60,000, was caused. He lodged claim with the respondents, but the same was repudiated on the ground that insurance policy was in the name of the original owner, i.e. Sarfaraz Alam, who had transferred the said vehicle in favour of one Raman Kant on 3.10.2009 and the latter transferred the, vehicle to the present appellant, on 21.7.2010, but no intimation of the transfer of the vehicle by Sarfaraz Alam to Raman Kant or by Raman Kant to the present appellant, was given. Appellant felt aggrieved by repudiation of his claim and filed a complaint, under Section 12 of the Consumer Protection Act, 1986, seeking a direction to the respondents to pay insurance money, compensation and litigation expenses. Complaint was contested by the respondents on the same ground, on which the claim had been repudiated.
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Learned District Forum, relying upon two precedents of the Hon'ble National Consumer Disputes Redressal Commission, has dismissed the complaint. View taken by the learned District Forum is that as per G.R. 17 of India Motor Tariff and Section 157 of the Motor Vehicles Act, policy purchased in the name of the registered owner, was required to be got transferred in the name of the transferee owner within fourteen days of the transfer and no steps having been taken for the transfer of the policy, till the date of the accident, respondents were justified in repudiating the claim.
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We have heard learned Counsel for the parties and gone though the record.
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It is submitted on behalf of the appellant...
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