Haryana

Kurukshetra

CC/264/2019

Om Parkash - Complainant(s)

Versus

Best Telecom - Opp.Party(s)

Sohan lal

04 Mar 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.264  of 2019

Date of Instt.:4.07.2019

Date of Decision: 04.03.2020.

 

 

Om Parkash son of Shri Amrit Lal resident of village Kirmach, District Kurukshetra.                                                                               

                                                              …….Complainant.  

                                             Versus

 

1.Best Telecom, near Annupurna Sweets, Gol Bank Chowk, Amin Road, Kurukshetra through its Proprietor/Partner.

2. Wise Apps Private Limited, E-706, Crystal Plaza, New Link Road, Andheri West Mumbai, Mumbai Maharashtra through its Managing Director.

3. ICICI Lombard General Insurance Co. Ltd. 206-219 Sohrab Hall, Opposite to Pune Railway Station, Pune through its Director.

                ….…Opposite parties.

 

Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                

                 

 

Present:     Sh.Sohan Lal Advocate for the complainant.

                OP No.1 ex-parte.

                Sh.Shekhar Kapoor Advocate for OP No.2.

                Sh.Gaurav Gupta Advocate for OP No.3.

 ORDER

              This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by the complainant Om Parkash against Best Telecom etc., the opposite parties.

 

2.             The brief facts of the complaint are that the complainant purchased Phone set make Samsung G955, S8+ bearing IMEI No.357851081737442 from OP No.1 on 23.1.2019 and paid the price of the phone in question in cash.  The said mobile phone was insured by the OP No.2 through OP No.3.  It is averred that on 17.05.2019, the complainant was coming from Karnal to Kurukshetra and on the  Pipli Bus stand, when the complainant was coming down from the  bus,  a bag fell down from the hands of an old lady and due to strike of passengers, the mobile phone in question fell down from the hands of the complainant and was broken.  On the next day, i.e. on 18.05.2019, the complainant send e-mail to the OP No.2 in this regard under Unique reference No.MSC001141635 and policy No.4001/R/16495112800. The complainant also made telephone call to the OP No.2 on toll free number 1800-26662. The complainant also got prepared the repair estimate of Rs.31034/-  of the mobile from  RP Power solution Plot No.3, Ground Floor Raj Market, Kurukshetra who is an authorized service centre.  In pursuance of the demand of OPs through a mail, the complainant furnished the required documents on 18.05.2019 on line.  Thereafter, the complainant visited the OPs many a times and requested time  and again to make the payment of Rs.31034/- but nothing has been done by the OPs. It is alleged that the complainant has purchased the said mobile phone for his convenience and is facing hard due to non payment of repair amount by the OPs, which amounts to deficiency in services on the part of the OPs. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OPs and prayed for payment of Rs.31034/- alongwith compensation for the mental harassment caused to him and the litigation expenses.

 

2.             Notice of the complaint was given to the OPs. OP No.1 was duly served but failed to appear and contest the complaint. Therefore, OP No.1 was proceeded against ex-parte vide order dated 22.08.2019.

 

3.             OP no.2 has submitted that   had  purchased an insurance policy regarding the handset of complainant i.e. Samsung Model S 8 +.The period of insurance was from 24.01.2019 to 23.01.2020 and the total sum assured was of Rs.51,990/-.The said insurance policy was based upon the master insurance policy issued to WISE APPS PVT.LTD. by ICICI Lombard under master policy number 4001/R/164951128/00/000. All the service obligations and claim/liabilities under the policy are covered under the terms and conditions mentioned in the terms and conditions subject to major exclusions and general conditions.   The OP No.3 received directly an intimation from the complainant regarding the  alleged damage of the insured handset on 18.05.2019 and an intimation number i.e. MSC001141465 was provided to the said claim of complainant. At the instance of OP No.3 i.e. ICICI  LOMBARD sent an e-mail to the complainant on the same day i.e. 18.5.2019 at the e-mail address of the complainant and it was requested to complainant  to upload all the relevant documents on the web tracker of the company and to send the hard copy of the  same to the address of the company mentioned in the  e-mail.  Several reminders dated 20.06.2019, dated 24.06.2019, dated 23.06.2019, dated 26.6.2019 and 27.06.2019 were sent to the complainant but the complainant failed to supply the relevant documents, therefore, claim of the complainant was closed on  30.06.2019 and there is no deficiency in services on the part of the OPs. All other allegations made in the complaint have been denied and preliminary objections regarding  cause of action and estoppels have been raised and prayed for dismissal of the present complaint.

 

4.             The OP No.3 filed its separate written statement disputing the claim of the complainant. It is submitted that  after getting intimation regarding the damage of the mobile from the complainant, company asked the complainant to provide requisite documents vide reminder dated 20.05.2019, 24.06.2019, 25.06.2019 and 26.6.2019.When no document was provided by the complainant, perforce, claim of the complainant was closed vide  closure E-mail dated 27.06.2019 and on  30.06.2019, the claim of the complainant was closed due to non providing of relevant documents by the complainant.  It is submitted that the complainant has not replied the mails of answering OP so the present complaint is pre-mature as claim of the complainant is pending with answering OP and no final action has been taken on the claim of the  complainant  and the present complaint deserves dismissal.

 

5.             The complainant in support of his case has filed affidavit Ex.CW1/A and tendered  documents Ex.C-1 to Ex.C-4 and closed his evidence.

6.             The OP No.2 in support of his case has tendered documents Ex.R1 to Ex.R-4 and closed its evidence.

 

7.             The OP No.3 in support of its case has filed affidavit Ex.RW2/A and tendered documents Ex.R-5 to Ex.R-8 and closed its evidence.

 

8.             We have heard the learned counsel for the parties and gone through the case file very carefully.

9.             The learned counsel for the complainant has reiterated all the averments mentioned in the complaint. He argued that the complainant purchased a mobile phone of the complainant Samsung G955, SB+ bearing IMEI No.357851081737442 from OP No.1 on 23.2.2019 and paid the price of the phone in question in cash and the said mobile phone was insured  The by the OP No.2 through OP No.3.  The phone was damaged  on 17.05.2019, on the  Pipli Bus stand, when the complainant was coming down from the  bus,  a bag fell down from the hands of an old lady and due to strike of passengers, the mobile phone in question fell down from the hands of the complainant and was broken.  On the next  day, the complainant  send e-mail to the OP No.2 in this regard under Unique reference No.MSC001141635 and policy No.4001/R/16495112800. The complainant also made telephone call to the OP No.2 on toll free  number 1800-26662. But the claim of the complainant was not paid. It is also argued that the mobile phone is insured by OP No.3 through OP No.2 and the OP No.3 is liable to pay the cost/sum insured to the complainant.

10.            Contrary to it, the learned counsel for the OP no.2 and 3  has reiterated all the averments mentioned in his respective reply. They  argued that company asked the complainant to provide requisite documents vide reminder dated 20.05.2019, 24.06.2019, 25.06.2019 and 26.6.2019.When no document was provided by the complainant, perforce, claim of the complainant was closed vide  closure E-mail dated 27.06.2019 and on  30.06.2019, the claim of the complainant was closed due to non providing of relevant documents by the complainant.

11.            After hearing the learned counsel for the parties and going through the material available on the file, it is not in dispute that mobile phone of the complainant was insured with the OP No.3 through OP no.2 and the sum assured was Rs.51990/-. Damages to the phone and intimation thereof to the Ops is also not in dispute. The complainant has alleged that  he got repair estimate prepared for Rs.31034/- and gave intimation of damages and to OP No.2 who in turn forwarded the same to OP no.3. The plea raised by the OPs is that they demanded certain documents but the same were not supplied whereas the complainant has given exact date by stating that he  furnished the required documents on 18.05.2019. Therefore, non releasing of  claim by the OPs amounts to deficiency in services on the part of the OPs.

12.            In view of our aforesaid discussion, we accept the present complaint and direct the OP No.3 to pay the cost/sum insured  of the mobile phone i.e. Rs.51995/- after deducting depreciation @ 25 % thereof, to the complainant. The OP No.3 shall also pay Rs.5000/- to the complainant in lump sum as compensation for the mental harassment caused to him and litigation expenses. The complainant shall return mobile phone in question to the OPs. The complaint qua OP no.1 and 2 stands dismissed.  The OP No.3 is  further directed to make the compliance of this order within a  period of thirty days from the date of from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Forum:

Dt.: 04.03.2020.                                                  (Neelam Kashyap)

                                                                                 President.

 

 

(Issam Singh Sagwal),         (Neelam)       

Member                               Member.