Punjab

Sangrur

CC/952/2015

Mrs.Saroj Rani - Complainant(s)

Versus

AppsDalily Solution Pvt.Ltd. - Opp.Party(s)

R.K.Garg

17 Jun 2016

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 952                                                                                        

                                                                  Instituted on:  01.09.2015

                                                                   Decided on:    17.06.2016

 

Mrs. Saroj Rani wife of Shri Chaman Sadana  resident of H.No.598, St. No.6, Mehal Mubarak Colony, Sangrur.  

                                                …. Complainant

                                Versus

 

1. Apps Daily Solutions Pvt. Ltd. 6th Floor, C-Wing, Oberoi Garden Estates, Chandivali, Andheri (E) Mumbai 400 072.
2. UB Insurance Associates, (Apps-Daily Claims Division), S 204 and 205 Suraj Plaza, 196/8, 25th Cross 8th Main, Jayanagar 2rd Block, Banglore 560011 Karnataka.
3. Chhabra Communications, Opposite Bus Stand, Sangrur.

      ….Opposite parties.

 

 

FOR THE COMPLAINANT:    Shri Saurav Garg, Advocate.                         

 

FOR THE OPP. PARTIES  :     Exparte.                     

 

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Saroj Rani, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 19 February 2015 she purchased a mobile phone named  SAMSUNGSM-G360H from OP no.3. At the time of purchase, it was assured by the OP No.3 that after insurance of the said mobile phone, in  case of liquid/ physical damage the company shall bear whole of repairing expenses and in case the phone is lost the company shall deduct only 15% of purchased amount in case of loss, theft, liquid  damage or physical damage and OP No.3 sold the insurance policy to the complainant bearing number DAT (L) 3507996 after charging  Rs.1000/- from the complainant.  On 7.3.2015 the mobile set of the complainant in question lost and DDR number 08 dated 07.03.2015 was registered in this respect. The complainant immediately  intimated to OP No.1 on toll free number and OP No.1 after lodging the claim issued an intimation number AD AT 0880315 1522050. Thereafter the complainant received a mail from the OP No.1 demanding several documents. The complainant sent all the demanded documents  then  OP No.2 informed the complainant that courier  has been received and the claim will be sent  in 20 days. After 20 days, the OPs again assured the complainant that the claim will be processed within week's time and after 2/3 days the OP said the complainant that  only an amount of Rs.6000/- will be sent to her. Thereafter the complainant requested the OP  that she is entitled to get Rs.8500/-  but the OPs flatly refused  the request of the complainant. The complainant requested the OPs so many times to make the payment  of Rs.8500/-  but all in vain.  Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make  payment of Rs.8500/-  alongwith interest @12% per annum from the date of loss till date of payment,

ii)     OPs be directed to pay to the complainant a sum of Rs.30000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.5500/- as litigation expenses.

 

 

2.             Notices were issued to the OPs but despite service OPs did not appear and as such OPs were proceeded exparte on 02.11.2015.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-9 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had purchased a mobile phone named SAMSUNG G360H  from the OP no.3  and same was insured through OP No.3 and paid an amount of Rs.1000/- as premium . It has been alleged by the complainant that the mobile set in question was covered in case of loss of it.  The complainant  has stated that the mobile set in question was lost  on 07.03.2015 for which DDR number 8 dated 07.03.2015 was lodged.  In this regard the OP number 1 was intimated immediately at toll free number of OP No.1 who lodged the claim  and issued an intimation number AD AT 080315 1522050.  The complainant has further stated that the OP's representative/ executive told her that  an amount of Rs.6000/- will be paid but  the complainant requested the OPs that  as per policy  the OPs are liable to pay Rs.8500/-  (after deduction of 15%  of the price amount of the mobile set in question).  In support of her case, the complainant has produced on record copy of email Ex.C-3  which was sent by the OPs to the complainant stating that  her claim has been confirmed in their system  and demanded some documents from the complainant for processing her claim. The complainant's specific case is that she sent  the demanded/ required documents. The complainant has further produced a receipt number 4635 Ex.C-5 and copy of DDR dated 7.3.2015 Ex.C-6  to corroborate her case. The OPs have not come forward to contest the case of the complainant rather it chosen to remain exparte. As such the evidence produced by the complainant has gone unrebutted.  

5.             For the reasons recorded above, we find  that OPs are deficient in service for non-payment of genuine claim of the complainant. As such, we allow the complaint of the complainant and direct the OPs  to pay Rs.8500/- as insured amount of the mobile set in question. We further order the OPs to pay a consolidated amount of compensation of Rs.5000/- on account of mental pain, agony, harassment and litigation expenses.

6.             This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                June 17, 2016

 

 

 

  ( Sarita Garg)    ( K.C.Sharma)          (Sukhpal Singh Gill)                                                                                                                        Member          Member                                President

 

 

 

BBS/-