DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 96/2017
Date of Institution : 19.07.2017
Date of Decision : 27.11.2017
Prem Pritam Lal Jindal aged about 63 years son of Udho Ram Jindal resident of # B-IV/169, Street Backside Rama Ice Factory, Near Parbhat Cinema, Barnala, Tehsil and District Barnala.
…Complainant
Versus
1. Guru Electronics, SCO No. 12, Prem Pardhan Market, New Bus Stand Road, Barnala, through its Proprietor.
2. Syska Gadget Secure, Leehan Retails Pvt. Ltd., 4 SSK Saphire Plaza, Pune Airport Road, Near Symbiosis College, Pune-411014, through its authorized signatory/responsible person.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Dhiraj Kumar Counsel for complainant.
Opposite parties No. 1 & 2 exparte.
Quorum.-
1. Ms. Vandna Sidhu : Presiding Member
2. Shri Tejinder Singh Bhangu : Member.
ORDER
(BY Ms. VANDNA SIDHU, PRESIDING MEMBER):
As per complaint No. 96 of 2017 complainant purchased Samsung J7 from opposite party No. 1 in lieu of Rs. 15,000/- on 29.1.2017. Bill in regard of it was issued by opposite party No. 1. Its invoice No. is 195. Complainant obtained an insurance policy No. 79456811 SGI-119984909905 for his mobile through opposite party No. 1 from opposite party No. 2 after payment of Rs. 1199/-. As per complaint opposite party No. 1 gave assurance to complainant about it. On 18.2.2017 the mobile of the complainant was snatched by someone and report regard snatch was lodged with the police station city Barnala by the complainant on the same day and request letter for sim block was issued to Showroom by the complainant and claim was lodged before opposite party No. 2 alongwith complete documents. Emails were also sent by the complainant to the opposite party No. 2. Opposite party No. 2 with malafide intention rejected the claim of the complainant without any reason.
Reliefs:-
Opposite parties are directed to pay Rs. 15,000/-.
Pay Rs. 50,000/- as compensation and humiliation and harassment to the complainant. Pay Rs. 10,000/- as litigation expenses.
2. Opposite parties were duly served but no one has come present on behalf of opposite parties and were proceeded against exparte vide order dated 28.8.2017.
3. In order to prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of legal notice Ex.C-2, postal receipt Ex.C-3, copy of Aadhaar Card Ex.C-4, copies of emails Ex.C-5 to Ex.C-8, copy of bill dated 29.1.2017 Ex.C-9, copy of insurance cover note Ex.C-10 and Ex.C-11, copy of police report Ex.C-12, copy of rules Ex.C-13, copy of sim block confirmation Ex.C-14 and Ex.C-15 and closed the evidence.
4. After perusing the entire record minutely and arguments of counsel of complainant, in the present complaint Ex.C-12 which is brought on record by complainant is police intimation letter to City Kotwali Barnala in regard of snatching mobile EMI No. 354741085333970 and in Ex.C-12 model and name of mobile is also disclosed and place and date of occurrence is also mentioned in Ex.C-12. Ex.C-9 in regard of full payment of mobile model Samsung J7 prime with EMI No.354741085333970 of dated 29.1.2017 is also brought on record by complainant. On Ex.C-9 customer mobile number is also mentioned. Ex.C-10 and Ex.C-11 is copy of insurance cover note is also on record and this insurance policy bearing No. 79456811 SGT-1199-84909905 in regard of alleged mobile obtained by complainant through opposite party No. 1 of opposite party No. 2 company after payment of Rs. 1199/-. Ex.C-13 is theft insurance claim process which elaborates :-
“Depreciation slab can change as per discretion of insurance company subject to prior intimation to customer details of same will be updated on application and website”
Note:-
All settlement will be cashless.
Partial loss.
Total loss.
Theft and Burglary.
And it is mentioned in heading NOTE that all settlement will cashless about theft and burglary. It is also mentioned in Ex.C-13 in case of total loss or theft depreciation value will be deducted from the total invoice value of the handset, remaining amount will be transferred to customers account. Further it is also mentioned that depreciation slab can change as per discretion of insurance company subject to prior intimation to customer, details of same will be updated on application and website. Complainant also attached in support of his complaint Ex.C-1 i.e. affidavit and Ex.C-4 copy of Aadhaar Card. It is pertinent to mention here that complainant sent on 25.5.2017 register notice Ex.C-2 and postal receipt Ex.C-3 in regard of claim of insurance mobile but no reply was given by opposite party No. 2. Moreover complainant brought on record in support of his complaint Ex.C-6 which is a document sent by opposite party that claim of complainant number is 1702205171 and gave information that claim of the complainant has been marked as short fall by the insurance company and also mentioned in it that complainant track his complaint in complaint section within 30 days from the claim registration. If the same is not uploaded within 30 days from claim registration date the claim shall be treated as invalid and the same will be closed.
5. Ex.C-8 is intimation document which described about rejection of claim and mentioned as under :- that claim 1702205171 has been rejected and closed as documents were not submitted or incomplete. Please feel free to contact us at Toll free No. 1800 3002 7090. But Ex.C-5, Ex.C-6, Ex.C-7 and Ex.C-8 are without date and time about which this Forum have opinion that when this type of communication were made by opposite party to complainant is not clear by these emails.
6. So the conclusion of this complaint is that opposite party did not give any reply of Ex.C-2 and did not pay attention on the notice which was sent by this Forum to the opposite parties for appearing within time and defending their case. So this is the deficiency in service of opposite parties in regard of not giving reply of Ex.C-2 and about Ex.C-2 for rejecting the claim of the complainant. Moreover in spite of giving assurance in regard of alleged mobile by opposite parties they did not consider the claim of the complainant on the basis of insurance policy Ex.C-10 and Ex.C-11.
7. In view of the above discussion present complaint is allowed and opposite parties are directed to reconsider the complaint of the complainant and give relief to complainant as per Ex.C-10, Ex.C-11 i.e. insurance cover note and Ex.C-13 which is under title THEFT INSURANCE CLAIM PROCESS UNDER NOTICE ALL SETTLEMENT WILL BE CASHLESS THEFT AND BURGLARY Or pay the claim of Rs. 15,000/- i.e. cost of mobile to the complainant. The opposite parties are also directed to pay Rs. 1,000/- to the complainant as compensation for mental tension and harassment and Rs. 2,100/- on account of litigation expenses. Compliance of order be made by both the parties jointly or severally. Compliance of the order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
27th Day of November 2017
(Vandna Sidhu)
Presiding Member
(Tejinder Singh Bhangu)
Member
