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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.
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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
