Orissa

Sambalpur

CC/43/2017

Saransh Pansari - Complainant(s)

Versus

1- Leehan Retail PVT.LTD. - Opp.Party(s)

02 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No-43/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Saransh Pansari,

S/O-Late Ramesh Kumar Pansari,

At/PO-Baraipali, Near Panchgachia

Dist- Sambalpur-768006, Odisha.                                          …..Complainant

 

Vrs.

1. Leehan Retails Pvt. Ltd.
4.  

Plot No. 80, Sl. No. 232

New Airport Road, Near Symbiosis College

Sakore Nagar, Viman Nagar,

Pune, Maharastra-411014.

2. Samay World

Near Gujrati Colont, G.M. College Road.

•  

Counsels:-

1. For the Complainant      :-Self
2. For the O.P.s                    :- None

 

DATE OF HEARING : 05.07.2022, DATE OF JUDGEMENT :02.08.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT.

1. The case of the Complainant is that the Complainant on 01.06.2016 purchased one Samsung A7 mobile from O.P. No.2 for an amount of  Rs. 20,000/- vide retail invoice No. 25531. The mobile phone was insured with O.P. NO.1 vide coupon No. 37282113, got damaged due to fluid and water damage on 06.09.2016. A Claim was made before the O.P. No.1 on 15.09.2016 along with submission of original documents like invoice, Plicy document bar code, phone handset, charge, earphone along with box. The O.P. No.1 approved the claim for Rs. 14,900/- on 20.09.2016. The O.P. No.1 has not yet paid the approved amount nor any correspondence made by O.P.No.1 in-spite of several e-mails of the Complainant i. e. dated 03.12.2016, 14.03.2017 and 05.04.2017.

Being agrieved the complaint was filed.

2. The O.Ps were set ex-parte on 18.07.2017.
3. Perused the documents filed by the Complainant. For the Samsung A7 mobile CIN No. 1609079456 and coupon Code. 37282112. The O.P. No.1 has admitted and approved an amount of Rs. 14,900/- on 20.09.2016.

From the correspondences it reveals that till date the payment has not been made to the Complainant. Non payment of assured amount, amounts to deficiency in service.

Accordingly it is ordered:

6698606.  

          The O.P. No.1 insurer is liable to pay Rs. 14,900/- to the Complainant w.e.f 20.09.2016 with 7 % interest along with compensation of Rs. 5000/- and litigation expenses of Rs. 1000/- within one month of this order, failing which the entire amount will carry 12% P.A. till realisation.

          Order pronounced in open court on this 2^nd day of August 2022.

          Supply free copies to the parties.