Haryana

Ambala

CC/418/2016

Sandeep Kumar - Complainant(s)

Versus

Apps Daily Insurance Co. - Opp.Party(s)

Gaurav Rajpoot

23 Jan 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                        Complaint case no.  : 418 of 2016

                                                                        Date of Institution    : 17.11.2016

                                                                        Date of decision       :  23.01.2018

 

 

Sandeep Kumar son of late Shri Raj Kumar, Resident of village Laliana, Tehsil & District Ambala.

……. Complainant.

Vs.

 

1.         Apps Daily Insurance3 Company, Ambala Cantt, Radhey Shyam Complex, Near B.D.School, Ambala Cantt through authorized signatory.

2.         Apps Daily Insurance Company, D/3136-39, Oberoi Estates, Chandivali, Andheri (E) Mumbai

3.         Dev Talwar Agent of Apps Daily Insurance Company, C/o Fones 4 U, 6212, D.C.Road, Sadar Bazar, Ambala Cantt.

4.         Fones 4 U, 6212, D.C.Road, Sadar Bazar, Ambala Cantt through its authorized signatory.

5.         HTC Head Office, HTC India Pvt. Ltd(Dopod), G-4, BPTP Park Centre, Sector-30, Near HN-8, Guraon-122001, Haryana India.

 

 ….….Opposite Parties.

 

Before:           Sh. D.N. Arora, President.

                        Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                              

 

Present:          Sh.Gaurav  Rajpoot, counsel for the complainant.

Ops already ex parte v.o.d. 22.02.2017.

 

ORDER:

                        In nutshell, brief facts of the present complaint is that complainant had purchased Mobile set HTC of the OP No.5 bearing EMI No. IME No.35470070309081, 354700704469166 from the OP No.4 on dated 25.12.2015 vide Bill no.1915 dated 25.12.2015 amounting Rs. 12,800/-  having one year warranty. The abovesaid product is manufactured  by the OP No.5 and OP No.1 being the insurer of the mobile is liable to pay the compensation of the insurance amount. The addressee No.3 namely Dev Batra who is the agent of the OP No.1 & 2 who assured to the complainant  that if the complainant purchase the policy of the Apps daily, the complainant shall have no  any tension regarding the abovesaid mobile regarding theft, virus, physical damage. On the assurance of the OPs No.1, 3,4 the complainant purchased the abovesaid mobile policy. The OPs assured to the complainant about the following facilities and covered under insurance:-

1. Gadged Insurance                            2. Physical/fluid damage
2. Fire & Allied perils                         4.  Virus protection

5.   Theft protection etc.

 

After  25 days of purchasing, the mobile phone of the complainant was broken and the mobile phone was badly physically damaged. He lodged complaint-claim on dated 08.11.2016 before the OP No.1 to 3 vide Intimation No./Claim No.081116197810811 dated 08.11.2016 but even after lodging  the abovesaid complaint/claim the OPs not paying the amount/cost of insurance to the complainant. On dated 11.11.2016 the complainant requested to the OP No.1 & 3 to provide the insurance claim but the OPs  No.1 & 3 had not taken any action. Then the complainant contacted the resident no. 2 to 4 and said that the mobile phone is under insurance about the mobile phone is physically damaged and requested to provide the insurance amount to the complainant but the OPs 2 to 4 directed to the complainant to contacted the OP No.1. Thereafter, the complainant contacted with the OP No.1  and requested to give the insurance sum of the complainant but the OPs harassing to the complainant and not resolving the problem of the complainant and the lining on the matter from the one pretext or the other. In this way, the complainant has suffered a lot after spending huge amount and is facing trouble. Hence, the present complaint.

2.                     Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against exparte vide order dated 22.02.2017.

3.                     To prove his version complainant tendered his affidavit as Annexure C-X with documents as annexure C-1 to C-4 and close his evidence.

4.                     We have heard learned counsel for the complainant and carefully gone through the case file. It is not disputed that the complainant had purchased the mobile set of HTC bearing EMI No.IME No.35470070309081, 354700704469166 vide Bill no. 1915 dated 25.12.2015 for Rs. 12,800/- from OP No.1 (Annexure C-1) for year warranty which was insured with OP No.1. Perusal of the Annexure C-3 reveals that the mobile set physical damage within its warranty period after few months of its purchase. In this regard, complainant also lodged complaint-claim on dated 08.11.2016 before the OPs No.1 to 3 vide Intimation no./claim no.081116197810811 dated 08.11.2016 but even after lodging the abovesaid complaint/claim the OPs not paying the amount/cost of insurance to the complainant. Counsel for the complainant has placed on file coverage of the insurance and it is mentioned that following are the facilities and covered under the insurance i.e.

 (i)     Theft & Burglary (1 year)  

(ii)     Accident Physical damage(1 year)

(iii)    Accidental Liquid Damage(1year)

(iv)    Fire and lightening (1 year)

(v)     Data Loss (Lifetime on 1 handset)

 

The complainant has also place on record photo of the mobile which shows that screen of the mobile become damaged and covered under Accident Physical damage. The complainant also placed on file guidelines of Apps Daily Mobile. It is mentioned that all APPs Daily Mobile Protection covers the entire value of your phone as per the mentioned value on the original purchase invoice of your phone. It is further clear that mobile in question become damage within insurance period and OPs No.1 & 2 are liable to pay the cost of the mobile which was insured by OPs No. 1 & 2. The Ops No.1 to 5 despite registered notice not pursued the case and they were proceeded against exparte. Accordingly, we conclude that the Ops No. 1 & 2 are negligent and deficient in providing proper services to the complainant. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

5.                In view of above discussion, the present complaint is hereby allowed against  OPs No. 1  & 2 being insurer  with costs and directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To pay insured amount Rs.12,800/- with interest at the rate of 9% per annum from the date of complaint till its realization subject to return the old mobile alongwith the accessories.

 (ii)    Also to pay a sum of Rs.3000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 23.01.2018

 

                  

         

(PUSHPENDER KUMAR)     (ANAMIKA GUPTA)   (D.N.ARORA)

Member                                   Member                            President