DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 212/2019
D.No._______________________ Date: __________________
IN THE MATTER OF:
SANTOKH SINGH SANDHU,
S/o LATES. GURCHARAN SINGH SANDHU,
R/o H. No.-A-171, 2nd FLOOR,
GUJRANWALA TOWN, PART-I,
DELHI-110009.… COMPLAINANT
Versus
M/s BAJAJ ALLIANZ GENE. INS. Co. LTD.,
11th FLOOR, AGGARWAL METRO HEIGHT,
NETAJI SUBHASH PLACE,
NEW DELHI-110034. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 11.03.2019
Date of decision:05.12.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OPunder Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased one A.C. 3 Star, 1.5 Ton for a sum of Rs.26,500/- and the said A.C. was purchased with extended warrantee and got secured the same with OP’s company vide policy
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no. OG17-1000-6609-00015674 for the period from 04.04.2017 to 30.04.2020 and the premium of Rs.3,693/- was paid to OP. On 15.07.2018, the PCV of the said A.C. got burnt and the complainant lodged the complaint vide complaint no. OC/19/1101/ 6609/00007565 dated 16.07.2018 at the call center/customer care no.18002091021 of OP and the employee of OP visited on 08.07.2018 at about 12:50 P.M. and told that the PCV of the A.C. has got burnt and took the photographs of the same with the promise to replace the same on the next day and even took the purchase bill and copy of insurance policy. Thereafter, several complaints were lodged on 18/19.07.2018 several times and lastly on 24.07.2018 one person Akil of OP again came and took the photograph and did not opt repair the A.C. and later on he asked to contact one Ashit at Sector-4, Rohini, Delhi who stated that he has prepared the report and Mr. Dev i.e. Bajaj finance advisor Vijay Sales, Model Town-3, Delhi told to the complainant that he has sent the complaint to a Senior on 14.08.2018 and one Tushar from Ghaziabad office of OP refused to repair the same. The complainant further alleged that the complainant is a heart patient and had to remain without A.C. due to the deficiency of service on the part of OP despite the fact that the complainant has paid the premium for the same and the complainant has to pay the charges for the repair of the A.C. from the market. The complainant further alleged that
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the complainant issued legal notice on 10.09.2018 but no reply was given by OP and is liable to refund and compensate the complainant and the complainant has suffered a loss and further alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay the compensation of Rs.1,50,000/- alongwith interest @ 12% p.a. for mental, physical agony and harassment caused to the complainant despite the payment of premium by the complainant to OP.
3. Notice to OP was issued through speed post for appearance on 07.05.2019 and the complainant filed postal receipt as well as proof of service & delivery certificate issued by concerned post master which shows that notice to OP delivered on 04.04.2019 but none has appeared on behalf of OP and as such OP was proceeded ex-parte vide order dated 04.06.2019.
4. In order to prove the case, the complainant filed his affidavit inevidence and has also filed written arguments. The complainant has also placed on record copy of receipt of Rs.26,500/- dated 13.03.2016 issued by Vijay Sales, Model Town-III, Delhi for purchasing the A.C., copy of Extended Warrantee Policy Schedule issued Bajaj Allianz General Ins. Co. Ltd., copy of Tax Invoice no.2451/18-19 dated 10.08.2018 of Rs.1,180/- for purchasing
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9032 Control Unit 18% PCB issued by Ranjit Trading Co., Daryaganj, New Delhi and copy of legal notice dated 10.09.2018 sent by the complainant through his Counsel to OP.
5. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record bythe complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears thateven after receiving notice of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence at all in their favour.
6. On perusal of the record, we find that the complainant made complaint of hisA.C. toOP within warranty period. As such OP being the insurer ought not to have refused to refund the price of the said A.C. It was the duty of OPeither to give A.C. of the same price to the complainant or to refund the amount. Acustomer/consumer is not expected to file complaint in respect of new product purchased. Accordingly, OP being the insurer is held guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.20,000/- ascompensationtowards mental agony and harassment caused to the complainant which includes cost of litigation.
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8. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 5th day of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
