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1 FA/295/2019

Date of filing : 07.02.2019

Date of order : 22.12.2021

MAHARASHTRA STATE CONSUMER DISPUTE

REDRESSAL COMMISSION,MUMBAI, BENCH AT

AURANGABAD.

FIRST APPEAL NO. : 295 OF 2019

IN COMPLAINT CASE NO.: 244 OF 2016

DISTRICT CONSUMER FORUM : BEED.

Yuraj s/o Sandipan Munje,

R/o Gaudgaon, Tq.Georai, Dist.Beed.

APPELLANT

VERSUS

The Branch Manager,

United India Insurance Company Ltd,.

Branch Ambajogai, Prashant Nagar, Ambajogai,

Dist. Beed.

RESPONDENT

CORAM :Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present :

Adv.S.R.Shirsat for appellant,

Adv.V.P.Mundada for respondent.

J U D G M E N T

(Delivered on 22 /12/2021)

Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

1. The appeal is preferred by one Yuraj Sandipan Munje against

the judgment and order passed by District Consumer Commission,

Beed in C.C.No.24/4/2016.

2 FA/295/2019

2. The appellant is the complainant and respondent United India

Insurance Company Ltd,. is the opponent in original complaint before

District Consumer Commission. They are hereinafter referred as per

their status in the complaint before District Consumer Commission.

3. The complainant Yuraj has filed consumer complaint No.

244/2016 before District Consumer Commission, Beed U/Sec.12 of

Consumer Protection Act,1986. It is the contention of the

complainant that, he has purchased TATA Indigo ECS LX-IV car from

one Habibunisa Abdul Rashid Shaikh a proprietor of M/s New Tours

& Travel on 20.10.2015. Said Habibunisa Abdul Rashid Shaikh has

insured said car with opponent Insurance Company for the period of

05.11.2015 to 04.11.2016. As the complainant purchased said car

from Habibunnisa the complainant became consumer of opponent

Insurance Company. Said vehicle is registered with RTO. The

complainant is resident of Beed. Hence, it was necessary to obtain

no objection certificate to transfer the vehicle to his name. RTO Pune

has issued said certificate in the name of complainant on 10.11.2015.

As the RTO Pune has caused delay in issuing certificate, the vehicle is

transferred in the name of complainant belatedly.

4. On 16.11.2015 Driver Malhari Gaikwad was proceeding with

said vehicle to Majalgaon with some persons, as that time tyre was

burst and the vehicle fell into ditch. Some of the persons in the

vehicle were injured and the vehicle was also totally damaged. The

complainant gave intimation of said accident to opponent Insurance

Company. The surveyor of opponent, has inspected the vehicle and

found that the vehicle was completely damaged. The complainant

3 FA/295/2019

has submitted his claim to opponent Insurance Company. However,

the opponent Insurance Company intimated to the complainant

about repudiation of claim and informed that, on the date of

accident driver was not having valid and effective driving licence and

complainant was not the owner of the vehicle on the date of

accident.

5. It is the contention of complainant that, the driver was having

valid and effective driving licence and his license was produced.

Moreover, the application was also submitted to transfer the vehicle

in the name of complainant but RTO Pune has caused delay to

forward the no objection certificate to the complainant. As the

complainant has purchased the vehicle from the registered owner,

who has insured the vehicle with opponent Insurance Company. The

complainant has got right to claim the amount towards the damage

of vehicle. The driver was also having valid and effective driving

licence. Hence, the repudiation of claim is not just and proper. As

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