Haryana

Ambala

CC/199/2021

Dinesh Kumar - Complainant(s)

Versus

Gee Gee & Co. - Opp.Party(s)

Navneet Gupta

03 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	199/2021
Date of Institution	:	01/07/2021
Date of decision	:	03.03.2023

 

Dinesh Kumar aged about 36 years son of Shri Mohan Lal resident of House No. 506, Sector-8, Ambala City

……. Complainant

Versus

1. Gee Gee & Co. through its authorized signatory, Showroom at 282, Model Town, Ambala City.
2. LG Electronics India through its Authorized Signatory/Managing Director, Head Office 51 Udyog Vihar, Udyog Vihar Extension Ecotech II, Greater Noida, U.P.-201306
3. Cholamandalam MS General Insurance Company Ltd. Through its Office in-charge, Chola MS Help-Health Claims Department, Shaw Wallance Building, Old No.154, New no.319, 2nd Floor, Thambu Chetty Street, Parrys Corner, Chennai Pin - 600 001.

 

….…. Opposite Parties.

 Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Navneet Gupta, Advocate, counsel for the complainant.

                   OP No.1 already ex parte.

                   Shri Rajeev Sachdeva, Advocate, counsel for the OP No.2.

                   Shri R.K. Vig, Advocate, counsel for the OP No.3.

 

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of direction to them to pay a sum of Rs.50,000/- alongwith interest @ 12 % per annum from 06.09.2020 till the date of realization and compensation Rs.1,00,000/- for mental harassment suffered by the complainant and also cost of litigation to the complainant in the interest of law, justice and equity.

2.           Brief facts of this case are that OPs No.1 and 2 allured the complainant and offered a complimentary insurance plan of OP No.3 for a lump sum benefit of Rs.50,000/-, in case, customer contracts or is diagnosed with Novel Corona Virus (Covid 19) for a period of 12 months from the date of purchase of product i.e. LG Air Conditioner. The complainant keeping in view the aforesaid offer, made up his mind to purchase a LG Air conditioner from the OP No.1 with the promise of great quality and performance during the period of Corona virus (Covid-19) assured by OPs. The product was purchased on 26.05.2020 vide Retail Invoice dated 26.05.2020, Annexure C-1 for Rs.33,500/- inclusive CGST etc. from OP No.1 and a welcome mail with offer details was sent to the complainant in respect of insurance offered by the OPs to the complainant. To the utter surprise, thereafter the complainant on receipt of insurance policy no. 2893/10184943/000/000 came to know that the insurance was only of Rs.30,000/- instead of Rs.50,000/- as offered by OPs at the time of purchase of LG product purchased from OP No.1. Un-luckily the complainant became Positive for COVID 19 on 05.09.2020 and his sample was taken for test on 06.09.2020 by Office of Civil Surgeon, Ambala. The complainant was put on home isolation for a period of 17 days till 21.09.2020 under the instructions of Civil Surgeon, Ambala. A telephonic message to this effect was conveyed to OP No.3 by the complainant on next day of said occurrence. After recovering from Covid -19, the complainant on 24.09.2020 lodged a claim to OP No.3 alongwith requisite documents for the release of claim amount offered at the time of purchase of LG air conditioner. But to the utter surprise, despite lot of conversations and emails, OP No.3 failed to release the claim amount of Rs.50,000/- offered to the complainant at the time of sale of product. The complainant through his Counsel sent a legal notice dated 20.05.2021 under registered cover to the OPs for the release of claim amount as assured by OPs at the time of sale of product but the OPs despite receipt of said legal notice neither choose to reply the same nor released the claim amount to the complainant till date. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OP No.1 before this Commission, therefore, it was proceeded against ex-parte vide order dated 18.10.2021.
4.           Upon notice, OP No.2 appeared and filed written version and raised preliminary objections with regard to maintainability, locus standi and cause of action etc. On merits, it has been stated that OP No.2 is a renowned company in Electronic Products and Commodities and is manufacturing Electronic products for the past several years. The technology used by the company in manufacturing the World Class Electronic Products therefore, no question of any deficiency in service on the part of OP No.2 arises. It is admitted to the extent that the complainant purchased the AC on 26.05.2020, yet, if there is any unfair trade practice, that is on the part of OP No.3. The product so purchased by the complainant does not bear any defect nor it has shown any problem, and in that eventuality, OP No.2  has nothing to do with the present complaint. Rest of the averments of the complainant were denied by OP No.2 and prayed for dismissal of the present complaint with heavy costs.
5.           Upon notice, OP No.3 appeared and filed written version and raised preliminary objections to the effect that the complaint filed is not based on true facts; there is privity of contract between the OP No.3 and the complainant etc. On merits, it has been stated that neither any amount as premium was ever received from the complainant by OP No. 3 nor any Insurance Policy was issued to the complainant. Nobody, including the OP No 1 & 2, on behalf of the OP No.3 was ever authorized  to receive premium or to issue such alleged insurance policy . The entire story since date of purchase of alleged LG Air Conditioner & thereafter the contents of the present complaint revolves around the complainant, OP No 1 & 2. There are discrepancies in the claim raised by the complainant qua LG Air Conditioner and place of incident. So it seems that there is something wrong in the claim. At no stage any written complaint or claim was filed by the complainant to the Insurance Company. Rest of the averments of the complainant were denied by the OP No.3 and prayed for dismissal of the present complaint with heavy costs.
6.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-11 and closed the evidence on behalf of the complainant. On the other hand, Learned counsel for OP No.2 tendered affidavit of Vikas Batra, Authorized Signatory, M/s L.G. Electronics (I) Pvt. Ltd. as Annexure OP-2/A and closed evidence on behalf of OP No.2. Learned counsel for OP No.3 tendered affidavit of Sujeet Kumar Sahu, Dy. Manager Claims Legal Cholamandalam MS General Insurance Company Limited, Plot No.39, 2^nd Floor, Samyak Tower, Opp. Metro Pillar No.120, Pusa Road, Karol Bagh, New Delhi as Annexure OP-3/A and closed evidence on behalf of OP No.3.
7.            We have heard the learned counsel for the complainant and learned counsel for OPs No.2 and 3 and have also carefully gone through the case file.
8.           Learned counsel for the complainant submitted that despite the fact the OPs were under obligation to honour the commitment made by them, vide policy no. 2893/10184943/000/000 by making payment of Rs.50000/- immediately when the complainant informed that he has recovered from the Covid-19, yet, by not doing so, they indulged into unfair trade practice and also deficient in providing service, thereby causing agony, harassment and financial loss to the complainant.
9.           On the other hand, learned counsel for the OP No.2 submitted that the allegations so leveled by the complainant clearly indicate that his grouse is against the OP No.3 only and as such OP No.2 has no role in the matter. He further submitted that the product so purchased by the complainant does not bear any defect nor it has shown any problem, and in that eventuality, OP No.2 has nothing to do with the present complaint.
10.           Learned counsel for OP No.3 submitted that neither any amount as premium was ever received from the complainant by OP No. 3 nor any Insurance Policy was issued to the complainant. He further submitted that nobody, including the OP No 1 & 2, on behalf of the OP No.3 was ever authorized  to receive premium or to issue such alleged insurance policy no: 2893/10184943/000/000. He further submitted that there are discrepancies in the claim raised by the complainant qua LG Air Conditioner and place of incident. He further submitted that it seems that there is something wrong in the claim of the complainant.  He further submitted that at no stage any written complaint or claim was filed by the complainant to the Insurance Company.
11.           From the invoice dated 26.05.2020, Annexure C-1 it is evident that the complainant purchased AC in question from OP No.1 manufactured by OP No.2 for an amount of Rs.33500/-. To prove his case that the complainant was offered a complimentary insurance plan for a lump sum benefit of Rs.50,000/- in case, he contracts or is diagnosed with Novel Corona Virus (Covid 19) for a period of 12 months from the date of purchase of product i.e. LG Air Conditioner, he has placed on record email dated 26.05.2020, Annexure C-2, having been sent by OPs No.1 and 2 to the complainant i.e. on the day when the complainant had  purchased the said AC. Relevant part of the said email is reproduced hereunder:-

“……1. Customer buying LG product shall be offered a free Insurance plan for a Lump Sum benefit up to Rs. 50,000, in case customer contracts or is diagnosed with Novel Corona Virus (nCoV), (COVID-19), the customer shall be entitled for a Lump Sum benefit equal to 100% of the Sum Insured. This Insurance plan shall be for a period of 12 months…..”

At the same time, the complainant has placed on record the medical report Annexure C-5 having been issued by the Civil Surgeon, Ambala, declaring therein that the complainant was detected Covid-19 positive on 06.09.2020 i.e. during subsistence of the aforesaid policy.

12.           Be that as it may, from perusal of the letter Annexure C-3 which was written by OP No.2 to the complainant, it is evident that the complainant is entitled for complimentary insurance for one year against Novel Corona Virus for Rs.30,000/- from Cholamandalam Insurance Company i.e. OP No.3 M/s General Insurance Company Limited, which was to be valid from the date of  purchase of AC, as per the original invoice, under the policy no.2893/10184943/000/000. On the other hand, plea of OP No.3 is that this policy has not been issued by it nor it has authorized OP No.2 or OP No.1 to do so. In this situation, we are of the view that onus is on OP No.2 who sent the letter Annexure C-3 to the complainant that the policy no.2893/10184943/000/000 was issued by OP No.3. However, OP No.2 has not placed on record any document to prove that the aforesaid policy was issued by OP No.3. As such, OP No.2 has failed to prove its case that the policy in question had been issued by OP No.3. In this view of the matter, we are of the considered opinion that it is OP No.2 only, who had given the offer of complementary insurance aforesaid to the complainant. Thus, it is incumbent upon OP No.2 to pay the said amount of Rs.30,000/- i.e. the amount which the complainant was entitled to get under the alleged policy no.2893/10184943/000/000, over and above the compensation for mental agony and harassment suffered by the complainant and litigation expenses. 
13.           As far as liability of OPs No.1 and 3 is concerned because no deficiency in providing service has been proved on their part, therefore, the present complaint filed by the complainant against the OPs No.1 & 3 is liable to be dismissed.
14.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OPs No.1 and 3 and partly allow the same against OP No.2 and direct it in the following manner:-

1. To pay the amount of Rs.30,000/- to the complainant alongwith interest @4% p.a. from the date of filing of this complaint i.e 01.07.2021, till its realization.
2. To pay Rs.5000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3000/-  as litigation expenses to the complainant

 

The OP No.2 is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which it shall be liable to pay interest @6% p.a. on the awarded amounts, from the date of default till realization. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 

 Announced:- 03.03.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President