ORDER

Sunita C. Bagewadi, Lady Member—The complainant has filed this complaint against the Opposite Parties alleging deficiency in service and prays to direct the Opposite Parties pay damages of Rs.50,00,000-00 along with 12% interest p.a. towards damages caused to vehicle Audi Car bearing Reg.No.KA-51-MD-0768 and for mental agony and loss occurred and grant such other relief , in the interest of justice.

2. The facts of the case are as under:—

The complainant submits that the complainant is the present owner of Audi Car bearing Reg.No.KA-51-MD-0769 and he has purchased the said vehicle from the 1st Opposite Party and the registration certificate was transferred in his name with effect from 24-3-2018 and the insurance was continued in the name of previous owner i.e. 1st Opposite Party and there is fourteen days time is stipulated for transfer of insurance form the date of transfer of registration certificate and even though the complainant has approached the insurance company for transfer of the insurance on 26th and 27th of March 2018, but it was not completed as the server was down at the insurance company, but on the ill-fated day i.e. on 28-3-2018 at about 3.30 p.m. when the complainant’s son along with the driver Imran Pasha going to Tiptur from Tumakuru when they came in between Bommenahalli and Kotenayakanahalli on NH-206, the driver of the Audi car driven its vehicle in a rash and negligent manner and dashed against the tree which was beside the road and due to the said accident the vehicle was fully damaged, driver and son of the complainant were seriously injured and the injured were shifted to hospital and then 29-3-2018 at about 2-15 p.m. the complainant has lodged the complaint before the Tiptur Rural Police the vehicle was damaged severely. After all the formalities the complainant has shifted the said vehicle to Jubilient Motor Pvt. Ltd. Electronic City, Bengaluru and their they were estimated the repair cost of Rs.74,81,528-54 and the complainant has also incurred more than Rs.50,000-00 for shifting the damaging the vehicle from Tiptur Rural Police Station to service centre and he is paying the parking charge of Rs.500-00 per day from 1st week of April even till today.

2(a) The complainant further submitted that he has lodged the complaint against the driver of the Audi Car bearing Reg.No.KA-51-MD-769. The Tiptur Rural Police have registered the case against the driver of the Audi Car under section 279, 337 of IPC in Crime No.23/2018 and he lost his business and he has also incurred huge amount for hiring the taxi. Finally after complete of the investigation the police have filed charge sheet against the driver of the Audi Car.

2(b) The complainant further submitted that when the complainant has approached the 2nd Opposite Party and seek for compensation they have rejected the claim of the complainant that as the insurance of the vehicle was not transferred in the name of registration certificate owner.

2(c) The complainant further submitted that the complainant has filed the claim petition before the Hon’ble 6th Addl. District and Sessions Judge, Tumkur, in MVC No.588/2018 and their the 2nd Opposite Party has filed his version and contended that the Hon’ble Tribunal is not having jurisdiction to try the above case and hence the complainant has withdrawn the claim petition filed by him and now the complainant is presenting the same before the proper authority. Hence, this complaint.

3. After service of the notice, the Opposite Parties No.1 and 2 have appeared before this Commission and Opposite Party No.2 filed his version. Opposite Party No.1 on 30-7-2019 submits that they have not version.

4. The 2nd Opposite Party contended that the said vehicle was sold by the 1st Opposite Party on 13-2-2018 to used car dealer National Motors located at Rebertson Road, Frazer town, Bengaluru and the delivery note was taken from them on 16-2-2018. The 2nd Opposite Party further contended that the insurance policy has not be