BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer complaint no. 293 of 2016.      

                                                          Date of Institution:          2.11.2016.

                                                          Date of Decision:     11.1.2017           

Subhash Chander son of Sh. Shamsher Singh, resident of village Kaluana, Tehsil Mandi Dabwali, District Sirsa.

                                                                                  ………Complainant.

                                      Versus

1. AAP Daily Ground Floor, Gopal Gorakh Bhandar, Sadar Bazar, Sirsa.

2. Wadhwa Mobile, near Shiv Chowk, Circular road, Sirsa.

                                                                              ……… Opposite parties.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

   Before:              SHRI S.B.LOHIA…………………PRESIDENT

                             SHRI RANBIR SINGH PANGHAL ……MEMBER.

Present:                     Complainant in person.

                             Opposite parties already exparte.     

ORDER

          In brief, case of complainant is that on 20.10.2015 he purchased a tab/ mobile of Lava company for a sum of Rs.6800/- from opposite party no.2 which was got insured by him from App Daily company on the same day. The tab worked properly for about 10 months. On 6.8.2016, aforesaid tab/ mobile fell down and its body and display was totally damaged. On 12.8.2016, he applied for the claim to the opposite party no.1 through op no.2 and thereafter when he visited op no.1 for taking claim op no.1 refused to pay any claim on the ground of delay. The complainant has suffered huge financial loss and lot of harassment by making many rounds to the ops for taking claim. Hence, this complaint.

2.                Notice of the complaint was issued to the opposite parties but none appeared on their behalf despite due service and as such they were proceeded against exparte.

3.                The complainant has tendered his affidavit Ex.C1 and copy of bill Ex.C2.

4.                We have heard complainant and have gone through the case file carefully.

5.                Except the self serving affidavit of the complainant, there is nothing on file to prove that tab/ mobile in question of the complainant was insured with the opposite party no.1. The complainant has not placed on file any receipt of premium/ insurance cover note to establish this fact. Without any receipt/ document regarding insurance of the mobile in question on file, the case of the complainant is not proved and he is not entitled to any relief. Thus, the present complaint is hereby dismissed. A copy of this order be supplied to the parties as per rules. File be consigned to record room.

Announced in open Forum.                                       President,

Dated:11.1.2017                    Member.                 District Consumer Disputes

                                                                             Redressal Forum, Sirsa.