STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/16/166 null SHYLA NAZAR PRESENT ADDRESS - SHYLA MANZIL PADIPURATHUNDIL KADACKAD SOUTH MURI PANDALAM P O ADOOR TALUK ,KERALA.

.......Appellant(s)

Versus THE BRANCH MANAGER NATIONAL INSURANCE CO LTD PRESENT ADDRESS - P B NO 67 KALLUMKATHARA BULDINGS GOVT HOSPITAL ROAD PATHANAMTHITTA 689645 ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 166/2016 JUDGMENT DATED: 17.01.2025 (Against the Order in C.C. 23/2015 of DCDRC, Pathanamthitta)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER APPELLANT:

Shyla Nazar, W/o Nazar Rawthar, Shyla Manzil, Padipurathundil, Kadackad South Muri, Pandalam P.O., Adoor Taluk.

(By Adv. Sreeja Sasidharan)

Vs.

RESPONDENT:

The Branch Manager, National Insurance Co. Ltd., P.B. No. 67, Kallumkathara Buildings, Govt. Hospital Road, Pathanamthitta-689 645.

(By Adv. Prasanna Kumar Nair)

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT The appellant is the complainant in C.C. No. 23/2015 on the files of the District Consumer Disputes Redressal Commission, Pathanamthitta (for short “the District Commission”), who in this appeal challenges the order passed by the District Commission, dismissing the complaint.

2. The appellant is the registered owner of a Maruti Swift car bearing Reg. No.

KL-03/ V 6285, which was insured with the respondent, having valid insurance policy from 16.05.2014 to 15.05.2015. The appellant purchased the said vehicle on

01.01.2015 and on 05.01.2015, she filed an application for transfer of ownership before the Regional Transport Officer, Adoor. On 21.01.2015, while the son of the appellant was driving the vehicle, an accident took place at a place near the Catholic College Junction, Pathanamthitta and as a consequence, damage was sustained to the vehicle. In order to repair the vehicle, the complainant entrusted the vehicle with the authorized workshop of Maruti, namely, Indus Motors at Kumbazha. The appellant informed the incident to the respondent in time. The appellant also filed a claim for insurance benefit. However, the respondent repudiated the claim of the appellant due to the delay in transfer of ownership in the name of the appellant. The R.C. Book was received by the appellant only on 24.01.2015. As on the date of accident, there was a valid insurance policy covering the vehicle. The appellant had to spend Rs. 51,000/- (Rupees Fifty One Thousand only) for repairing the vehicle. Since the respondent repudiated the claim, the appellant filed the above complaint alleging deficiency in service and unfair trade practice against the respondent.

3. The respondent appeared before the District Commission and filed version admitting the coverage of package policy in respect of the vehicle involved in this case. However, the respondent contended that the appellant did not lodge any claim before the respondent. One Abdul Rahim filed a claim for the damage sustained in the accident which occurred on 21.01.2015. On the basis of the said claim, the surveyor assessed the damage and prepared an estimate for Rs. 31,168.89 (Rupees Thirty One Thousand One Hundred and Sixty Eight and Eighty Nine Paise only). Along with the claim form, the bills were also produced. The bills were in the name of the appellant. The above said Abdul Rahim had no interest over the insured vehicle. On 31.01.2015, the respondent was informed by the appellant through a letter that the vehicle was transferred to the name of the appellant. The appellant also made a request for transfer of insurance to her name on 31.01.2015.

4. Before the District Commission, PW1 was examined and Exh