Delhi

West Delhi

CC/17/162

KUSHAL KUMAR - Complainant(s)

Versus

GADGET WOOD E SERVICES - Opp.Party(s)

16 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 162/2017

Sh.Kushal Kumar

S/o  Late  Brij Kumar Sharma

R/o H/62B, Mahavir Enclave,

Palam Bengali Colony,

New Delhi, Delhi                                                            ..…. Complainant

VERSUS

 

Gadgetwood-E Service Pvt. Ltd.

Office  at 33/33A, Rama Road,

Satguru  Ram Singh Marg,

Kirti Nagar,

New Delhi-110015.

 

 

                                                                                ….Opposite Party

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The complainant had purchased   Samsung galaxy S7 Edge Mobile on 18.03. 2016 for a sum of Rs. 56,900/- (Rupees Fifty Six Thousand and Nine Hundred) vide bill No. S 5154120 from OP and also got the Insurance Policy from the same mobile store which was insured for 100% claim on total loss of product.   The complainant paid Rs. 5,690/- towards premium for insurance policy w.e.f from March 2016 to March 2017.  Unfortunately complainant lost his mobile phone on 17.10.2016 at India Gate around 9.00 P.M for which he lodged complaint with local Police Station of Tilak Marg on the same date.  He has also informed OP about theft of mobile phone on 18.10.2016.  On  19.10.2016  authorized agent of  Insurance Company  namely Hari Krishan  visited office  of the complainant at Malviya Nagar to receive all the relevant documents for  assessment  of the claim. The complainant waited for 45 days for assessment of the claim but all in vain.

2. Notice of this complaint was duly served upon OPs who did not appear despite service and accordingly was proceeded ex-parte vide order dated 03.07.2017.
3. The complainant was asked to file ex-parte evidence. The complainant led ex-parte evidence by filing affidavit reaffirming the facts of the complaint on oath and relied upon Proof of the identity and address of the Complainant Exhb. CW1/1, Bill of the Mobile Phone and Insurance Policy Exhb. CW1/2, Copy of FIR Exhb. CW1/3, Receipt for collecting the relevant documents by Opposite party Authorized Agent Mr. Hari Krishan on 19.10.2016 Exhb. CW1/4, E-mails  sent by the Complainant  and the reply given by the Opposite Party Exhb. CW1/5, Certificate of 65b of the Indian Evidence Act Exhb. CW1/6.
4. We have heard the complainant and perused. The complainant has substantiated the contents of his complaint by leading evidence by affidavit duly sworn on oath. The documents placed on record support the case of complainant. Even otherwise we have no reasons to disbelieve the unchallenged and unrebutted testimony of the complainant.
5. We have gone through all the documents regarding purchase of the phone and the insurance claim.  The Insurance policy talks about 100% claim in case of loss of the product.  The complainant has also filed all relevant documents.  One document pertaining to terms and conditions of Insurance Policy provides for payment of 35% of the total amount of product if the product was 6-9 months old.  In the instant case the mobile phone was purchased on 18.03.2016 and it was lost on 17.10.2016 which means the loss happened after 7 months of purchase of product.  In view of the terms and conditions of the policy we pass an award for payment of Rs. 35% of the total price of the phone to be paid by OP within 45 days from the date of receipt of this order failing which OP shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization. Further we award Rs. 5,000/- as compensation for harassment, mental agony and litigation expenses.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

Announced this____16th__ day of __August_____ 2019.

 

 

 

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                      PRESIDENT                                                              MEMBER