Date of Filing :03.10.2016

Date of Disposal :25.01.2022

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:25.01.2022

PRESENT

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M:LADY MEMBER

APPEAL No.2653/2016

M/s. Sangeetha Mobiles Pvt. Ltd.,

Janakiram Complex

Near Bus stand

Gadg Main Road

Koppal – 583 231

(By Mr S N Madhu, Advocate)                                             Appellant       

-Versus-

1.Sri Channabasavaraj

   S/o Sri Fakeerappa Kudarimoti

   Age :35 years

   Occ : Advocate

   R/o Mittikeri Road

   Near Maheshwara Temple

   Koppal

   (By Mr M A Umachigi, Advocate)

2.  The Divisional Manager

    The Oriental Insurance Co. Ltd.,

    Divisional Office, Yealamanchali Complex

    Hotel Priyadarshini Compound

    Station Road, Hospet

    Bellary District                                                           Respondents

   (By Mr Manoj Kumar M R, Advocate)                                   

:ORDER:

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1.       This is an Appeal filed under Section 15 of Consumer Protection Act 1986 by OP1 aggrieved by the Order dated 06.06.2016 passed in Consumer Complaint No.61/2015 by District Consumer Disputes Redressal Forum, Koppal (for short, the District Forum).

2.       Heard the arguments of the Learned Counsel for the Appellant.  None appeared for the Respondents and hence same has been taken as heard.

3.       According to the Complainant, on 17.01.2014 he purchased Sony Xperia – C 2305 Mobile Hand Set from OP1 fora sum of Rs.20,279/- and Insured the device with OP2 vide Policy No.421100/48/2014/160 by paying necessary premium. On 11.05.2014 at about 10 am, while he was trying to get into the bus at Koppal KSRTC Bus Stand to travel to Hubli, at that time, he found his Mobile hand set was stolen and since inspite of sufficient efforts made by him, he could not trace the same, he lodged a Complaint before the Jurisdictional Police and intimated the same to OP1 and submitted his Claim Form to OP1.  

4.       It is also observed that OP1 failed to appear before the District Forum, while OP2 contested the case and admitted issuance of Policy and taken the stand that there is a delay in intimating about the theft of the Mobile Hand Set and as per the Policy condition, theft to be reported within 48 hours of its occurrence.   Complainant has not made Universal Insurance Brokers Services Pvt. Ltd., as proper and necessary party.  OP2 is not aware of the fact of occurrence of theft, as he has not received any Claim Form from the Complainant, hence, OP2 is not liable to settle the Claim.  District Forum after enquiring into the matter, allowed the Complaint in part directing OP1 to pay Rs.20,279/- towards the cost of the Mobile Hand Set, Rs.10,000/- towards deficiency in service and Unfair Trade Practice, Rs.2,000/- towards litigation cost to the Complainant, within one month from the date of receipt of the Orderand on failure to comply the same, the amounts shall carry interest at 12% p.a till realisation.

5.       Perusal of the records and impugned order it revealed that the Complainant had lost his Mobile Hand Set, while he was getting into the Bus at Koppal KSRTC Bus Stand to travel to Hubli and after observing the theft of the Mobile Hand Set, he submitted his Claim to OP1, who in turn has not forwarded the same to OP1 to honour the Claim.  Such being the facts of the case, we o observed that it is the duty of the OP1 to process the Claim and forward the same to OP2, for settlement, but he failed to do so.  The Learned Counsel for R2/OP2 herein, submitted that his Client has not received any Claim, either from Complainant or from OP1.   Under the facts & circumstances of the case, we are of the considered view that OP1/Appellant herein is directed to submit the Claim form received from the Complainant to OP2, for honouring the same.  After necessary correspondences have been made with the parties, if the Complainant did not get any relief, he may approach the District Forum, till then the Impugned Order of the District Forum is deferred. If the District Commission receives any further Complaint from either of the parties to take up the matter on record and to decide the case of the Complainant and its authenticity whether claim of the Complainant is tenable or not and dispose of the matter in accordance with law.  

          In view of the above observations, the Appeal is disposed of.

6.       Amount in Deposit is ordered to be transferred to the District Forum for further needful.

7.       Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

Lady Member                Judicial Member              President

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