Haryana

Ambala

CC/138/2017

Dr. Kuldeep Singh - Complainant(s)

Versus

Apps Daily - Opp.Party(s)

Bhupesh Bharara

15 May 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        : 138 of 2017

                                                          Date of Institution         : 12.05.2017

                                                          Date of decision   : 15.05.2018

 

 

Dr. Kuldeep Singh son of Shri Ajit Singh, resident of House No.20, God’s Gift Durga Nagar, Ambala City.

……. Complainant.

 

 

1.       Apps Daily, Shop No.5-A, Ist floor, Shri Radhey Complex, Near B.D.School, Ambala Cantt. Through its Authorised Signatory.

          Present Address:- Apps Daily C/o  U.B. Insurance Associates, T-305, # 216/13, 4^th Floor, (Apps Daily Claims Division), Suraj Towers, 27^th Cross, 3^rd Block, Jayanagar, Bangalore, Karnataka, Pin-560011 through its authorized signatory.

 

2.       Music Centre, SCO. 1-2 Ambala Club Shopping Complex, Model Town, Ambala City, through its proprietor.

 

3.       U.B.Insurance Associates, T-305, # 216/13, 4^th Floor, (Apps-Daily Claims Division), Suraj Towers, 27^th Cross, 3^rd  Block, Jayanagar, Bangalore, Karnataka, Pin-560011 through  its Authorised Signatory.

 

 ….….Opposite Parties.

 

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

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.

 

 

Present:       Sh. Bhupesh Bharara, counsel for complainant.  

OP Nos. 2 & 3 ex parte v.o.d.30.06.2017.

                   OP No. 1 given by on 26.04.2018.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a Samsung J7 mobile handset of worth Rs.14500/-(including Rs.1000/- payment of premium of insurance of mobile) from the OP No.2 vide IMEI No.352840074258701, Invoice No.1373 dated 09.11.2015 and OP Nos. 1 and 2 got the said mobile handset insured with  OP No.3. On 04.10.2016 at about 05.00 P.M. the complainant was going on his LML  Bike and his handset was kept by him in his left pocket pant and when he reached on Kalka Chowk, Ambala City in the meanwhile one other motor cyclist came from opposite side and handle of that bike entangled in the left pant pocket of the complainant and due to which mobile handset of the complainant fell on road and its LCD was damaged. Accordingly, the complainant approached the OP Nos. 1 & 2 had sent  the complainant to the Authorised  Service  Center and the said service  center estimated the cost of damaged screen to be Rs.5908.06 which includes all taxes and on the assurance of OP No.1, the complainant made the payment of cost of Rs.5908.06 as charges of damaged LCD of handset. On the inducement of the OP Nos. 1 & 2 the complainant then lodged his claim with the OP No.3 being the LCD of mobile and sent required documents to the OP No.3 through DTDC Express Ltd vide consignment no.Z08746673 dated 19.11.2016 but even the  payment of claim of the complainant lodged with the OP No.3 has not been given to him and the complainant lodged with the OP No.3 has not been given to him and the complainant repeatedly approached the OP Nos.1 & 2 but the Ops have kept lingering on the payment of the same on one pretext or  the others.  A legal notice served upon the Ops on 27.12.2016. Due to the deficiency in service and unfair trade practices of Ops, the complainant has suffered mental tension, harassment and financial loss. Hence, the present complaint.  

2.                Registered notices issued to Ops No. 2 & 3 but none have turned up on their behalf and OPs No. 2 & 3 was proceeded against ex-parte v.o.d. 30.06.2017 and OP No. 1 given up  vide order dated 26.04.2018.

3                 To prove his version complainant tendered his affidavit as Annexure

C-A along with documents as Annexure C-1 to Annexure C-18 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.  It is proved on the file that mobile in question become defective during the warranty period as well as insurance period. The complainant alleged that in this case on 04.10.2016 at about 5.00 P.M. the complainant was going on his bike and said mobile was kept in his left pocket  when he reached the Kalka Chowk meanwhile  another motor cyclist came from opposite side and handle of that bike entangled in the left pant pocket of the complainant and due to which mobile handset of the complainant fell on road and its LCD was damaged. As per the Annexure C-2  the complainant has filed the claimed in the insurance company  and company has assessed the loss amounting to Rs.  5330/-  on the repaired basis but  claim was not processed due to non producing original bill along with the original repaired bill. In this regard insurance company has sent the letter to the complainant as per Annexure  C-11 dated 19.10.2016. It is proved on the file that the complainant has sent the all documents through courier on as per Annexure C-12 and also sent the notice for making the assessment amount vide Annexure C-13 dated 27.12.2016 through registered Ad and OP has also received the notice but inspite of that the OP No. 3 has not paid the payment of the insurance of damaged  LCD of the said mobile in question. In this way, the OP No.3 has not paid the amount intentionally and avoiding the payment without any reason whenever the documents has been sent by the complainant through courier. The Ops No.2 & 3 despite receiving registered notice but they did not appear and they were proceeded against exparte v.o.d. 30.06.2017. 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. So far regard the liability of the OP No.2 has sold the mobile in question as it is to the complainant. As such there is no role after selling the product to the complainant. Hence, the complaint is hereby dismissed against OP No.2 (being a dealer). OP No.1 has been given up by the complainant. Therefore, OP No. 3 is deficient to provide service after receiving the insured premium. Hence, the complainant is entitled to amount of Rs.5,330/-(Claim calculation Rs. 5,908/- after deducting the policy excess clause amounting Rs.500 and re-instalment premium Rs. 78/-).

5.                In view of above discussions, the present complaint is hereby allowed against OP No. 3(being insurance company) with costs and he is directed to comply with the following directions within thirty days from receipt of copy of the order:-

(i)      To pay the insurance amount of damaged LCD of the said mobile as assessed by the insurance company along with interest at the rate of 9% per annum from the date of complaint till its realization.

 (ii)    Also to pay a sum of Rs. 3,000/- 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 :15.05.2018                                 

                                                         

                            

                        

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

Member                                             Member                President