ORDER                                 Dated: 

Manju Bala Sharma, Member

1. Instant complaint has been filed by complainant on 13-01-2016 against the OPs stating there in that the complainant purchased HTC Desire 820G  dual sim mobile phone from OP1 on 11-10-2015 for a sum of Rs. 15,700/-  and got insured the handset with the OP2 and paid a sum of Rs. 1299/- as premium. It is further stated that on 11-11-2015 at about 8 P.M. was stolen away and FIR in this regard was lodged on 12-11-2015 in the Police Station.  The complainant tried to register his claim with OP2 on the internet site  on the same day but failed to do the same. Complainant called OP2’s toll free number and intimated about the theft of the above said mobile phone. On 17.11.2015 the complainant submitted his claim form with OP2. It is further stated that the mobile handset was insured by OP1 through their TPA i.e.  OP2.   Legal notice was issued to the OPs but no response was received amounts to deficiency in service on the part of OPs.  The complainant prayed that OPs be directed to pay full claim for the theft of the mobile in question as per the insurance policy, Rs 40,000/- as compensation for mental agony suffered by the complainant and cost of litigation.
2. Notice was issued to OPs but nobody entered appearance on their behalf though served hence proceeded exparte on 29-04-2016. Affidavit of the evidence has been filed by the complainant in support of the complaint reiterating the facts stated in the complaint.
3. We have heard the complainant present in person and gone through the documents placed on record.
4. As nobody entered appeared on behalf of the OPs those served we have no other option but to believe  the story put forth by the complainant.  The complainant has filed receipt of the mobile handset purchased from the OPs as Annexure P-1, receipt of the premium paid by the complainant with terms and conditions  to OP2 as Annexure P-2  (colly)  , copy of FIR lodged with P.S. Harinagar  as Annexure P-3, copy of mobile insurance claim form as Annexure P-4 , copy of deed of indemnity and subrogation as Annexure P-5 (colly). 
5. The complainant has specifically mentioned in his complaint and in the affidavit that the mobile handset was insured by OP1 through OP2. As OP has rejected the allegations put forth by complainant we have no other option but to hold the OPs liable for the deficiency in services. We direct that the OPs shall pay jointly and severally to pay a sum of Rs 15,700/- the cost of the mobile phone, Rs. 3,000/- as compensation and Rs. 1,500/- as cost of litigation.
6. This order shall be complied with by the OPs within a period of 30 days from the date of receipt of this order failing which interest @ 10% shall be payable on the entire above mentioned amount from the date of this order till realization.  Copy of this order be sent to all the parties free of cost.   File be consigned to Record Room. 

Announced on this   ………..