The transfer of ownership certificate issued by the registering authority established the complainant as the owner of the vehicle, and the insurance company's repudiation of the claim was illegal.

ORDER

Justice P.S. Rana (R) President.—Present appeal is filed under section 15 of Consumer Protection Act 1986 against order passed by District Forum in consumer complaint No. 164/2012 title Bhagat Ram v. Shriram General Insurance Company Limited & Ors. decided on 18.06.2016.

Brief facts of Case:

2. Complainant Bhagat Ram filed complaint under section 12 of Consumer Protection Act 1986 pleaded therein that complainant purchased second-hand bus No. HP-69A-7719 Ashoka Leyland from previous owner namely Sanjeev Thakur s/o Shri Sada Ram. It is pleaded that complainant applied for transfer of ownership of bus No. HP-69A-7719 before registering authority in the month of September 2011. It is pleaded that registering authority issued transfer of ownership certificate annexure C-2 placed on record. It is further pleaded that vehicle met with accident on dated 12.10.2011. It is further pleaded that vehicle was insured with insurance company for Rs.770000/- (Seven lac seventy thousand). It is pleaded that total premium to the tune of Rs. 12541/- (Twelve thousand five hundred and forty one) was paid for IDV of vehicle. It is further pleaded that claim application was filed before insurance company but insurance company repudiated claim vide annexure C-5 on dated 30.12.2011 on the ground that at the time of accident registered owner of insured vehicle was Bhagat Ram and insurance policy was issued in the name of Sanjeev Thakur. It is pleaded that repudiation of claim on behalf of insurance company is illegal. It is further pleaded that insurance company has committed deficiency in service after receiving premium of insurance amount and prayer for acceptance of complaint sought.

3. Per contra version filed on behalf of opposite parties pleaded therein that there is no deficiency in service on the part of opposite parties. It is pleaded that insurance policy was issued in the name of previous owner Sanjeev Thakur. It is pleaded that there is no privity of contract between complainant and insurance company and prayer for dismissal of complaint sought.

4. Learned District Forum ordered insurance company to pay Rs.119260/- (One lac nineteen thousand two hundred and sixty) as assessed by surveyor of insurance company within 30 days from the date of receipt of copy of order. Learned District Forum further ordered that in default insurance company would be liable to pay interest @ 9% per annum from the date of filing of complaint w.e.f. 23.11.2012. Learned District Forum further ordered that opposite parties would pay punitive compensation of Rs.5000/- (Five thousand) to complainant. Learned District Forum further ordered that opposite parties would pay costs to complainant to the tune of Rs.4000/- (Four thousand).

5. Feeling aggrieved against order passed by Learned District Forum insurance company filed present appeal before State Commission.

6. We have heard learned advocates appearing on behalf of parties and we have also perused entire record carefully.

7. Following points arises for determination in present appeal.

1. Whether appeal filed by the appellants is liable to be accepted as mentioned in memorandum of grounds of appeal.

2. Final order.

Findings upon point No.1 with reasons:

8. Complainant filed affidavit in evidence annexure C-1 placed on record. There is recital in affidavit that deponent purchased second-hand bus No. HP-69A-7719 from previous owner namely Sanjeev Thakur. There is further recital in affidavit that complainant applied for transfer of ownership before registering authority in the month of September 2011. There is further recital in affidavit that transfer of ownership certificate was signed by registering authority on dated 14.10.2011. There is further recital in affidavit that bus No. HP-69A-7719 met with accident on 12.10.2011. There is further recital in affidavit that deponent has paid total consideration amount of Rs.209980/- (Two lac nine thousand nine hundred and eighty) to previous owner and there is further