Judgment : Dt.22.3.2017
This petition of complaint is filed by Mr. Ashoke Das Gupta against Director/ Authorised Representative – “APPS DAILY” of Service Point CC 1031 Kolkata, Ballygunge A.C. Mrket, Kolkata-700 029 and Karuna Management Services Ltd. (Authorised Dealer of Samsung Mobile Services and APPS daily Protection Services) Quest Mall 33, Syed Amir Ali Avenue, P.S.-Karya, Kolkata.
The Complainant by filing the instant petition of complaint has stated that he purchased a Mobile Hand set Samsung S7 with IMEI No.356273079835859 from the OP No.2, authorized dealer of the OP No.1 on 19.3.2016 along with Apps Daily Protection Cover. On 15.7.2016 the said mobile was snatched from the Complainant. The Complainant has further stated that the said incident was reported to the Insurer Apps Daily and the dealer for guidance regarding the procedure of reporting. In reply of which the insurer advised him and accordingly necessary copy of police complaint along with required reporting was submitted on 20.7.2016. The Complainant also stated that he made communications with the insurer frequently but no solution was came out, on contrary, the insurer asked the Complainant to submit an FIR separately which was forwarded to the head office of the insurer but no reply has been received so far. According to the Complainant, the insurer is making this willful delay for preventing him for getting justice. Hence, he has prayed for cost of the Mobile set as Rs.15,000/-, incidental cost of visit to APPS Daily Service as Rs.4,000/-, litigation cost of Rs.10,000/-, cost of mental agony as Rs.12,000/-, cost of harassment as Rs.30,000/-, interest 10% on expenses.
Notices have been served upon the OPs but they did not turn up. Hence, vide order No.5 dt.2.2.2017 the case was fixed for ex-parte hearing.
The Complainant has adduced evidence on affidavit. In course of hearing the Complainant has narrated the facts mentioned in the petition of complaint. The Complainant has filed brief notes of argument.
Decision with reasons
The Complainant purchased a mobile hand set Samsung S7 from OP No.2, authorized dealer of OP No.1 on 19.3.2016. The Complainant also availed an insurance coverage for the said hand set issued by the OP No.2 which was in force for 1 year from 19.3.2016. Subsequently, the said mobile phone was snatched on 15.7.2016 and the Complainant claimed to have reported the said incident along with an FIR lodged with the local P.S. on 20.7.2016. The Complainant’s specific allegation is that in spite of taking necessary steps as per terms of the insurance policy the insurer neglected and failed to provide the insurance benefit to him.
On perusal of the documents it appears that under clause No.5 (C) (i) (Page No.11 of the policy document) the claim procedure in case of theft is described which runs as “in case of theft claim user is required to file complaint with the nearest P.S. having jurisdiction, immediately or at least within 7 days from the date of concurrence of theft mentioning the following – the IMEI No., Mobile No. and complete narration of the incident and obtain certified copy of police complaint o n the format provided by APPS Daily or an FIR or such other written acknowledgement of complaint giving the afore-mentioned details duly certified by the police authority both the forms hereinabove jointly referred to as “Police Complaint”. Within 7 days of obtaining the police complaint user shall deposit at the intimated company connect point : The original police complaint, original proof of purchase, self attested proof of Identification like PAN CARD, Driving License, Aadhar Card, Voter ID or any other such photograph bearing identity card which has been issued by Government or statutory authority, photograph of user (will be captured at company) connect point. On receipt of the above-mentioned documents to the satisfaction of the company compulsory deductable component shall be collected at the company connect point.”
It also appears from the copy of the FIR that the same has been lodged with the Alipore P.S. on 20.7.2016. The Complainant by adducing affidavit-on-evidence has stated that he reported the incident of theft along with copy of the FIR on 25.7.2016. It also appears from the copy of e-mail dt.25.7.2016 from the end of the insurer that the Complainant’s document has been rejected for having no proper incident statement receipt in the FIR for the police complaint, it appears that the Complainant has narrated and incident of snatching quite clearly. Therefore, the ground for rejection seems to us baseless. It is evident that the Complainant lodged the FIR and submitted the claim documents within specified time as per terms of the insurance policy.
In such view of the matter, we are of opinion that the Complainant is entitled to get the benefit of insurance coverage.
It further appears from Clause 4(d) of the insurance policy the complainant is entitled to get the value of device subject to deductable as mentioned under Clause 5(c)(iii) and as per the said clause the deductible component shall be 15% of the device in-voice value if the claim is within 180 days. In the instant case Complainant has submitted the claim within the aforesaid period. As per terms of the said policy the Complainant is entitled to get Rs.12,750/- since the price of the insured mobile set is Rs.15,000/-.
As the OP insurers deprived the Complainant from getting benefit of insurance and compelled him to file the instant case, we think it will be just and proper if they pay Rs.2,000/- towards compensation to mitigate his agony and Rs.1,000/- as to cost of litigation.
In the result the petition of complaint succeeds in part.
Hence,
ordered
That CC/547/2016 and the same is allowed in part ex-parte against the OPs with compensation and cost. OPs are directed to settle the claim by paying Rs.12,750/- within one month.
OPs are further directed to pay Rs.2,000/- towards compensation and Rs.1,000/- towards cost of litigation within the aforesaid period failing which the entire amount Rs.15,750/- will carry interest @ 10% p.a. till realization thereof in full.
