M.THANIKACHALAM J. - (1.) The District Consumer Disputes Redressal Forum, Coimbatore, had caused grievance to the opposite party, in OP.241/2005 by its order dated 30.08.2007, issuing certain directions, resulting this appeal, to eclipse the same.
(2.) Facts:- The lorry bearing Registration No.TN-37-K-3130, originally belonged to one P.Ganesan, had taken insurance policy with the opposite party, covering the period from 29.04.2002 to 29.04.2003. The complainant had purchased the vehicle and pursuant to the sale, vehicle was transferred in the name of the complainant, changing the name in the RC Book also on 27.3.2003. Thereafter, the complainant had taken separate policy for the vehicle, commencing from 10.04.2003 to 09.04.2004. After purchase, before the complainant had taken the policy, while the previous policy, was in currency, the vehicle met with an accident on 06.04.2003, causing damage, resulting an expenses of Rs.85,000/-, which was claimed by the complainant, repudiated by the opposite party, on flimsy and false ground, resulting mental agony and the deficiency so committed, was not rectified, despite legal notice also. Hence, the claim for Rs.1 lakh, including the repair expenses and for mental agony.
(3.) The opposite party admitting the policy for the vehicle, its validity also, resisted the application, inter alia, contending that the complainant has not transfer the policy or informed the purchase of the vehicle within 14 days, as contemplated under Section 157 of the Motor Vehicle Act, 1988, and before the transaction of the policy or before taking the new policy, the vehicle met with an accident on 6.4.2003, on which date, there was no privity of contract between the complainant and the opposite party and on that basis, when a claim was made, it was repudiated legally, justifiably, cannot be quoted as covered by the negligent act or deficiency in service, thereby praying for the dismissal of the complaint.;