PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 237/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Kishore Kumar Panda, aged about 41 years,,

S/o-Late Bishnu Charan Panda,

R/O-Modipara, Lecturer Colony, Fatak Modipara Lane-II,

PO-Modipara, Ps-Town

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

Vrs.

1. Reliance Digital, Danipali, Sambalpur.

1^st& 2^nd Floor, Unit-14, Danipali, Sambalpur-768004

2. The Oriental Insurance Co. Ltd.

342, Third Floor, Vardhaman DEECEE Plaza, Plot No.7, Sector-11, Dwarka

New Delhi-110075.

3. M/S Warranty And Insurance Administrative Service (Ward 1A Servla) 342, Third Floor, Vardhaman DEECEE Plaza, Plot No.7,

Sector No.11, Dwarka, New Delhi.             .…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. N.S. Dash & Associates
2. For the O.P.No.1                :-Sri. S.K. Patjoshi & Associates
3. For the O.P.No.2                :- Sri. B.K. Purohit, Adv.
4. For the O.P. No.3                           :- Authorised person of W and IA Services

Date of Filing:18.12.2023,  Date of Hearing :10.09.2024  Date of Judgement : 11.11.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has purchased a LED TV from the OP No. 1 on dtd. 08.12.2022and paid Rs. 94,990/- with insurance charges. The Complainant purchased the TV which was financed by Bajaj Finance and paid up-to-date monthly premium. The said LED TV was all at a sudden not functioning on Dt. 20.10.2023 due to mechanical and electrical disorder within the insured time. Only ten months the Complainant enjoyed the TV set. The Complainant approached the Reliance Digital to give new TV set but he denied and said to lodge complain in the insurance company but the insurance company has not taken any heed to the request of the Complainant. The Complainant lodged complains before the Oriental Insurance Company situated at New Delhi but the company denied to give proper redressal, further the Complainant has approached to M/S Warranty and Insurance Administrative Service (Ward IA, Servla) New Delhi with all documents and claim form on 20.10.2023 but suitable answer is still awaited. The Complainant within this two months, sustained mental physical, financial torture by the Insurance Company but action is zero. The Insurance Company show digital paper and denied to pay Insurance claim without showing any satisfactory cause and reply. Hence, this case.
2. The Version of the OP No. 1 is that when the OP No. 1 came to know about the issue, even though they had no obligations to interfere and support post selling the products as the same is covered under insurance. However, based on the request from Complainant, the Op no. 1 had advised the Complainant to approach the Insurance Company. There is no deficiency on the part of the OP no. 1. The liability for deficiency in service only arises in the scenario where there was no rectification/resolution done by the OP for the complaint raised by the Complainant and in the present complaint, the Complainant has failed to established the same. The act of instituting the present complaint by maliciously including the OP is liable to be dismissed since there is no basis for the same anywhere in the Complaint and the complainant has failed to establish any default on part of the OP.

The Version of the OP No. 2 is that the Complainant was not insured under any policy of Insurance. The special Contingency Insurance Policy bearing No. 332700/48/2023/868 was issued in favour of Reliance Retail Limited towards the physical Damage for penal Television due to Accidental External Means only sold from Reliance stores. This Policy was subject to the condition that the policy Excess shall be Rs. 750/- for each and every claim. The said TV was reported to be damaged by accident external means by service provider W & IA Services of Reliance Retail Limited. After receiving the claim intimation, so also the documents, the Oriental Insurance Co. Ltd, on 07.12.2023, processed the claim and settled the amount on 08.12.2023 and finally the claim amount were transferred to the authorized repairer’s account on 11.12.2023. The sum insured was Rs. 90,241/- the depreciation is 50% as the product is of the age of 07 to 12 months from the date of purchase, Policy Excess is Rs. 750/- for each and every claim, Salvage value is 2.5% of loss amount, which is Rs. 69,938/- and the net assessed amount is Rs. 32,470/-. The amount of Rs. 32,470/- was transferred to S.K.Technocrats. The Surveyor & loss Assessor was engaged for assessment of loss at the repairer’s workshop and the Surveyor assessed the loss at Rs. 32,470/-. On receipt of the claim intimation, the claim was completely settled and an amount was disbursed within 05 days by the Policy issuing office and the servicing office. The claim of the Complainant is not maintainable against this OP as the claim was fully and finally settled within the shortest possible time by the Insurance Company.

3. After going through the records, evidences and submission of parties, it is observed that when the problem arose in the TV, there was a valid Insurance policy and as per the version of the OP No. 2, the Oriental Insurance Co. Ltd, on 07.12.2023, processed the claim and settled the amount on 08.12.2023 and finally the claim amount were transferred to the authorized repairer’s account on 11.12.2023. But there is no satisfactory evidence from the side of both parties regarding the same. However, the problem was not solved within the time. SO, the OP No.2 deficient in service and unfair trade practice. Hence the O.P No. 2 the Insurance Company is liable for giving compensation to the Complainant. Accordingly, it is ordered.

                             ORDER

The case is disposed of on contest. The O.P No. 2 is directed to give appropriate amount after deducting the charges depreciation of the TV as the problem arose after use of  07 to 12 months from the date of purchase.  If earlier not paid to the Complainant or Authorized service center within the knowledge of the Complainant, Rs. 50,000/- towards negligence, deficiency in service as Compensation and Rs. 10,000/- towards cost & litigation expenses to be paid by O.P.No.2 to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 11^th day of Nov, 2024.

Free copies of this order to the parties are supplied.