Appeal liled on: 26-t2_2OtT Appeal disposed on: 2t-Ol-2O26 THE I(ARITATAXA STATE COIYSUMTR DISPUTES REDRESSAL COUUIESTOII, BAncAIORt (,ILDDL. BErCH]

DATED THIS THE 21.t DAy OF JAIIUARY, 2f,26 scl29lAl267012O1?

PRESENT CORAM: HOIV'BLE SRI RAVI SHANKAR, JUDICIAL MEMBER IION'BLE sUT. SUITITA C_BAGEqIN}I, Ll\Ily r[FrrnSp The Branch Manager New IndiaAssurance Co. Ltd., Branch OIIice, Vljayashri, Opp: Nanjundeshwara petrol Bunk , Davabagere riad, Chitradurga. ...Appellan{s Rep. by Regional Offrce No.2B: Unity Building Annexe, Mission road, Bangalore By duly Constituted Attorney (Bg Sl{,/smtIK Llsha, Adtncate)

-Versrts-

1. H.M.Manjunatha S/o H.R. Murugesh, Aged about 29 years, Business & Agriculture, Hullur village, Hireguntnuru village, Chitradurga (Tq)

Now residing at 4th cross, Nehru Nagara, Holalkere road, Chitradurga.

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2. Auttrorised Signatory VIN Auto Show room .Reqtondent/s Tata Cars & Tata Finance Dealers, Bheemasamudra road, Besides J.M.Gas Agencies Chitradurga.

(I)ispensed)

ORDER BY HON'BLE SRI RAVI SHANKAR. JUDICIAL UEMBTR The Appellant/Opposite party has preferred this appeal being aggrieved by the Order dt. 13.07.20f7 passed in CC.No.97 l2OL6 on lile of the District Consumer Disputes Redressal Commission, Chitradurga.

2.

Heard from both parties.

3.

Perused the certified copy of the order and memorandum of appeal, the complaint was allowed by directing this appellant to pay an amount of Rs.3,66,100/_ towards own damage claim made by the complainant and also directed to pay Rs.25,000/- compensation and

Rs- 5,000 / - litigation expenses.

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4.

We noticed here that, as on the date of accident the complainant had not transferred the vehicle into his name and no registration number was provided to the vehicle'

Though, the poricy was issued at the time of purchase of the vehicle for a period from

1g-Og-2015 to L7.08.2016. The vehicle number was not disclosed.

5.

The complainant had not explained why he had not registered tJle vehicle into his name as soon as dre temporary registration was ended. It is bounden duty on the part of the comprainant to register the vehicre as soon as the temporary registration was removed. The violation of fundamental duties also amounts to viol,ation of terms and conditions of the policy.

Unregistered vehicles are not supposed to be plied in the public road, once it is an unregistered vehicle, the claim under the policy is not payable either own damage or to the owner. The claim made by the compl,aiannt was rigfutly repudiated by the appellant company under the head of violation of terms and conditions of the policy.

None registration of the vehicle defrnitely amounts to fundamental breach of terms and conditions. But, the District Commission fails to appreciate the said viol,atioa made by tJre complainant and allowed the complaint. The comTlatnart is not entitled to get any relief *l2elal267012nfi under the policy. No proper explanations provided for non registration of the vehicle into his name. Hence the order passed by the District Commission lacks legality as there is no any deficienry in service in repudiating the claim. As such" tJre order passed by the District Cornrnission is hereby set aside and consequently the complaint is dismissed.

Accordingly, we proceed to pass the following:

ORDER The appeal is allowed. No order as to cost.

The impugned order LA-OZ-2017 passed by the District Consumer Disputes Redressal Commission, Chitradurga in CC.No.97/2O16 is set aside and consequently the complaint is hereby dismissed.

The amount in deposit shall be transmitted to the concemed Dietrict Consumer Commission to pay the same to the Appellant/ Opposite ^party.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

d?-trif*u SIT.SUIVI?A C,BAGDWAI'I

(La.dg ilenfur)

Member)

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