DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.165/2017
Shri Ankit Besoya,
S/o Shri Jugal Kishore,
R/o H.No. 46, Garhi,
Shera Mohalla,
East of Kailash,
New Delhi-110065.
….Complainant
Versus
- The Manager
Apps Daily Mobile Protection
Regd. Office :Apps Solutions Pvt. Ltd.
D3137-39 Oberoi Garden Estates,
Chandivali Farm Road,
Andheri (E),
Mumbai-400072
- Orange Tele System
C-11, Amar Colony Market,
Lajpat Nagar-IV,
New Delhi-24
- The New India Assurance Co. Ltd.
Head Office at:
87, New India Assurance Building,
Ground Floor, MG Road,
Fort, Mumbai-400001
Also At Branch Office:
33/A, Second Floor,
Priyadarshini Towers,
BDA Complex, Indira Nagar,
1 Stage Indira Nagar,
Bangaluru, Karnataka-560038. ….Opposite Parties
Date of Institution : 15.05.17 Date of Order : 07.06.19
Coram:
Sh. A.S. Yadav, President
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
- Briefly put, the complainant Ankit Besoya purchased Samsung E5 Mobile phone on 30.10.2017 from Orange Tele System (OP-2). The complainant got his mobile phone insured by Apps Delhi Mobile Protection (OP-1) with the plan of ‘Daily Assure Plus’ for a period of 12 months from the date of purchase. The policy covered all risks insurance (theft, burglary, physical damage including fluid damage) coverage. Copy of the bill along with insurance policy booklet is annexed as Annexure-A.
It is averred that the complainant while riding the bike met with an accident where the complainant fell down and the said mobile phone got damaged. The complainant immediately reported about the touch display damage and the mobile phone being dead, to the insurance company. The representative of OP-1 advised the complainant to get the mobile repair by any service centre and assured that the expenses incurred on repaired of the phone shall be paid by the insurance company. It is after the assurance that complainant got his mobile phone repaired from a service centre on 30.08.2016 and total expenses incurred on repair were Rs.7,636.92p. It is further averred that UB Insurance Associates (Apps Delhi Claim’s Division) passed the claim of Rs.6,980/- on 14.09. 2016 and the same was informed to the complainant through an email. Copy of the approval letter is annexed as Annexure-F. Despite the claim being passed OP-1 and OP-3 did not pay the said claim amount to the complainant till date. Hence aggrieved, the complainant approached this Forum for directions to OP to pay Rs.7,636.92p. with interest @18% per annum and Rs.1,20,000/- towards harassment litigation expenses.
- OP-1 did not file its written statement, therefore was proceeded exparte vide order dated 18.01.2018. Hence, averments made in the complaint have remained uncontroverted and unchallenged by OP-1.
- OP-3 resisted the complaint inter-alia stating that the complainant’s claim has been approved and settled for Rs.5,841/- as recommended by IRDA Licensed Surveyor. As per the contractual obligation, the claim payment has already been sent to M/s Apps Delhi Solution Pvt. Ltd. on 08.12.2016 for further processing at their end. Thus reiterating, OP-3 submits that it has no role to play because OP-3 has already made the payment to OP-1 and it is only OP-1 who is liable to make the payment to the complainant. It is thus prayed that as no cause of action has arisen against OP-3, the present complaint is liable to be dismissed with heavy cost.
- Rejoinder is filed on behalf of the complainant wherein facts of the complaint are reiterated. Evidence by way of affidavit is filed by the complainant. Evidence by way of affidavit of Ms. Kavita Jain, Admin Officer has been filed on behalf OP-3.
- Written arguments have been filed by the complainant and OP-3.
- Arguments on behalf of the complainant are heard and despite providing opportunity to OP-3 none appeared on its behalf to advance oral arguments.
- It is evident vide invoice dated 30.10.2015 that the complainant paid Rs.14,900/- to purchase a Samsung E5 mobile and paid Rs.1,599/- to get his phone insured from ‘Daily Ultimate Protection Lite’. As per OP-3 complainant’s claim was settled for Rs.5,841/- and the claim payment has already been sent to M/s Apps Delhi Solutions Pvt. Ltd. that is OP-1 on 08.12.2016 vide UTR No. 02510608C1600345 for further processing at their end. The aforesaid admission establishes some kind of contractual arrangement between OP-1 and OP-3. Further the documents placed on record by OP-3 referred to as Annexure-A shows that vide the UTR number stated above OP-3 had paid Rs.9,37,557/- to M/s Apps Delhi Solutions Pvt. Ltd. No details are provided whether the complainant’s claim was included in the said amount or not.
- Hence, the Forum is of the opinion that OP-1 and OP-3 are jointly and severally liable to pay the rightful claim of the complainant. Therefore, we allow the complaint and hold OP-1 and OP-3 guilt of deficiency in service with directions to OP-1 and OP-3 to pay Rs.7,636.92p. along with interest @ 10% per annum from the date of complaint made to OP-1 till realization. Additionally we direct OP-1 and OP-3 to pay Rs.5,000/- by way of compensation for causing mental agony and harassment to the complainant. However, OP-3 shall be within its rights to recover the amount from OP-1.
9. OPs are directed to pay the complainant within a period of two months from the date of receipt of the copy of this order failing which the OPs shall become liable to pay interest @ 12% p.a. on the aforesaid amount from the date of complaint made to OP-1 till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 07.06.19.
