DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 403 of 17.10.2017

                                      Decided on:   1.3.2019

Laliteshwar Singh son of Sh.Ishwar Singh Bedi, resident of House No.53, Kohinoor Enclave, Patiala.

                                                                   …………...Complainant

                                      Versus

1.       CPP Assistance Service Pvt. Limited, Ground Floor, Wing ‘A’ Tower-A, Golft View Corporate Towers, Golft Course Road, Sector 42, Gurgaon (Haryana) through its Managing Director.

2.       Managing Director of CPP Assistance Service Pvt. Limited, Ground Floor, Wing ‘A’ Tower-A, Golft View Corporate Towers, Golft Course Road, Sector 42, Gurgaon (Haryana)

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. M.P.Singh Pahwa, President

                                      Smt. Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member      

ARGUED BY

                                      Sh.Rahul Kamboj, counsel for the complainant.

                                      OPs ex-parte.

 ORDER

                                    SH. M.P.SINGH PAHWA,PRESIDENT

1. This is the complaint filed by Laliteshwar Singh     (hereinafter referred to as the complainant) against CPP Assistance Service Pvt. Limited and Anr. (hereinafter referred to as the OP/s).
2. Briefly the case of the complainant is that he  has purchased iphone 6s 64GB mobile for Rs.55000/- vide bill No.324 dated 24.10.2016 from Bhatia Mobile Hut, Lahori Gate, Patiala. This mobile was got insured by the complainant through on- line from the OPs vide policy No.IMO261359.
3. It is alleged that son of the complainant namely Rameshwar Singh went to Delhi for his work alongwith mobile. One un known person committed theft of the phone from the hands of Rameshwar Singh.DDR dated 23.5.2017 was lodged at police station. Complainant submitted all the documents with the OPs through courier. He also sent intimation to the OPs regarding theft of the mobile. The insurance claim was rejected on the ground that documents not received. The complainant has already sent all the documents but the OPs have flatly refused to consider the request of the complainant.
4. It is also alleged that the OPs are unnecessarily harassing and humiliating the complainant. They are also indulging in mal practice. The complainant  has suffered from mental agony, tension, harassment and humiliation due to this act of the OPs. For these sufferings he has claimed compensation to the tune of Rs.20,000/-.Complainant  has also claimed Rs.55000/- price of the mobile.
5. Upon notice none appeared on behalf of the OPs. They were proceeded against ex-parte vide order dated 15.3.2018.
6. In support of his complaint, the complainant tendered into evidence his affidavit, Ex.CA, copy of invoice, Ex.C1, copy of DDR, Ex.C2, copy of indemnity bond, Ex.C3, copy of DDR entry, Ex.C4, copy of letter, Ex.C5, copy of policy, Ex.C6, copy of terms and conditions, Ex.C7.
7. The case was posted for arguments. Subsequently OPs appeared through counsel and moved application for setting aside ex-parte proceedings order. The same was dismissed vide order dated 1.8.2018. Thereafter none appeared on behalf of the OPs.
8. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
9. Ex.C1 (invoice) proves that the complainant purchased mobile in question. Ex.C3 again proves that the complainant purchased CPP phone safe (insurance) from the OPs. The complainant has pleaded that his phone was lost. Ex.C2 is the DDR and Ex.C4 is the copy of intimation regarding loss of the mobile. The complainant has also pleaded and deposed that OPs have failed to settle the claim.

The OPs have not come forward to contest the claim of the complainant. There is no reason to discard the evidence.

10. For the reason recorded above, the complaint is partly accepted with Rs.5000/-as costs and compensation. The OPs are also directed to pay the insurance claim as per terms and conditions of the policy.

Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:1.3.2019         

 B.S.Dhaliwal                         Inderjeet Kaur              M. P. Singh Pahwa

       Member                                 Member                                      President