DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 290 of 8.8.2019

                                      Decided on:         7/12/2022

Sukant Jain aged about 31 years son of Sh.Anil Kumar Jain, resident of H.No.29, Engineers Enclave near 23 No.Phatak, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Jyoti Telecom (2015-2016) Kohli Shopping Complex, Near 22 No. Phatak, Patiala through its Prop.
2. The New India Insurance Company Limited, Bangalore through its Manager.
3. UB Insurance Associates, C/o Apps Daily Solutions Pvt. Ltd., 6^th Floor, C-Wing, Oberoi Garden Estates, Chandivali Farm Road, Andheri ( E ), Mumbai-400072, India through Managing Director.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY

                                       Sh.Amar Singh, counsel for the complainant.

                                      Opposite parties No.1&2 ex-parte.

                                      Complaint against OP No.3 is dismissed as withdrawn.

 ORDER

                                      S.K.AGGARWAL,PRESIDENT

1. The instant complaint is filed by Sukant Jain s/o Sh.Anil Kumar Jain        (hereinafter referred to as the complainant) against Jyoti Telecom and others (hereinafter referred to as the OPs) under the Consumer Protection Act (for short the Act).
2. It is averred that the complainant purchased a mobile set of the brand of Samsung E500H  bearing IMEI No.358271064834570 on 21.9.2015 for an amount of Rs.14,500/- from OP No.1 which was got insured by OP No.1 from OP No.2 for  the period  from 21.9.2015 to 20.9.2016 with OP No.3 under policy No.67030246142400000002. It is averred that on 18.8.2016 while attending a party said mobile set fell down from the hand of the complainant and got damaged. The complainant informed and sent required documents to OPs vide e-mail dated 19.8.2016. On receipt of documents, OP No.3, vide e-mail dated 23.8.2016 informed the complainant that the claim on total loss basis amounting to Rs.7475/- is proceeded by the insurance company but thereafter till date no intimation has been received from the OPs in this regard. Consequently, prayer for acceptance of the complaint has thus, been made.
3. Despite receipt of notice OP No.1 failed to appear and was accordingly proceeded against ex-parte, whereas notice sent to OP No.2 through registered post neither received back un-served nor it appeared to contest the case and was proceeded against ex-parte. On 3.9.2021, ld. counsel for the complainant withdrew the complaint filed against OP No.3.
4. In order to prove the complaint, ld. counsel for the complainant furnished affidavit, Ex.CA of the complainant alongwith documents, Ex.C1, copy of retail invoice dated 21.9.2015, Ex.C2 copy of confirmation dated 21.9.2015, Ex.C3 copy of damaged mobile set, Ex.C4 copy of claim pre-receipt voucher, Ex.C5 copy of letter dated 23.8.2016 regarding assessed claim amount, Ex.C6 copy of intimation/e-mail dated 2.11.2016 and closed the evidence.
5. We have heard ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. The claim sought for by the complainant is that the OPs may be directed to refund the amount of mobile Rs.14500/-alongwith costs and compensation.
7. Admittedly the complainant purchased the aforesaid mobile set on 21.9.2015 vide copy of invoice,Ex.C1, which was got insured through Apps Daily vide Ex.C2 from New India Assurance vide policy No.67030246142400000002.The mobile set of the complainant got damaged and he reported the matter to the OPs alongwith requisite documents. Vide Ex.C5 Apps Daily Damage claim, sent e-mail  to the complainant, stating therein that the assessed claim amount works out to Rs.7475/- to be finalized by insurance company (OP No.2) but it failed to pay the assessed amount  to the complainant, which amounts to deficiency in service on its part and is liable to pay the assessed amount of Rs.7475/- to complainant alongwith compensation of Rs.2000/- .
8. In view of our considered opinion, the complaint is partly allowed and  contesting OPs through insurance company OP No.2 are directed to pay Rs.7475/- to the complainant alongwith compensation of Rs.2000/-, within a period of 30 days from the date of the receipt of the certified copy of this order.

PRONOUNCED

DATED:7/12/2022       

                                          G.S.Nagi                                 S.K.AGGARWAL

                                           Member                                  President