Haryana

StateCommission

A/872/2015

AMBIKA ENTERPRISES - Complainant(s)

Versus

MANOHAR LAL - Opp.Party(s)

ARVIND CHAUHAN

11 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      872 of 2015

Date of Institution:      12.10.2015

Date of Decision :       11.12.2015

 

M/s Ambika Enterprises, SCO No.42, Sector-11, Panchkula through its Prop. Smt. Urmil Kaushal wife of late Shri Kirat Kaushal.

 

                                      Appellant/Opposite Party No.1

Versus

 

1.      Manohar Lal s/o Sh. Udho Ram, Resident of House No.1949, Sector-21, Panchkula.

                                      Respondent/Complainant

2.      M/s Gadget Care SCO-106, Phase 3B2, Mohali (Punjab)-160055.

3.      The New India Assurance Company Limited, Plot No.40, Industrial Area, Phase 2, Chandigarh.

Respondents/Opposite parties No.2 & 3

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Arvind Chauhan, Advocate for appellant.

                             Shri Manohar Lal-Respondent No.1 in person.

                             Respondents No.2 and 3 performa parties.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

M/s Ambika Enterprises-Opposite Party No.1, is in appeal against the order dated 2^nd July, 2015, passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘the District Forum’) in Consumer Complaint No.25 of 2015.

2.      Manohar Lal-complainant/respondent No.1, purchased a new mobile handset of Sony Xperia-2 make from M/s Ambika Enterprises-Opposite Party No.1 (appellant herein) for Rs.23,000/- on July 20^th, 2014, vide receipt Annexure C-1.  The appellant also charged Rs.1999/- from the complainant for issuing Insurance Policy (Exhibit C-2), allegedly issued by Gadget Care on behalf of The New India Assurance Company-opposite party No.3. The mobile set suffered accident damage. The complainant approached the opposite parties to repair the mobile handset or to replace the same with new one but of no avail. On inquiry, it was found that there was an agreement in between M/s Cronetic Technolgies (P) Ltd/Gadget Care, and At COM and the appellant was never authorized by them to issue Insurance Policy.  Complaint being filed and having been contested by the opposite parties, was accepted by the District Forum vide impugned order directing the appellant to pay Rs.23,000/- + Rs.1999/- to the complainant alongwith interest @ 9% per annum from the date of receipt till its realization and Rs.10,000/- compensation for mental agony and harassment.

3.      Since the appellant had issued the insurance policy without any authorization and also that the mobile set was damaged within three months from its purchase, therefore, the appellant has rightly been held liable to compensate the complainant. That besides it is the appellant who has charged insurance premia and issued cover note as well as receipt for premium, so it cannot avoid liability. Moreover, at the back of policy document Annexure C-2, there is certificate of indemnification, which is reproduced below:-

“This is to certify that The New India Assurance Company & M/s Berkeley Insurance Brokers Ltd. is liable for services and claims of the product distributed by company. Retailer/Outlets/Channel partners has no concern about the services and the claims for the products of the company hence not liable for the same.

Sd/- Manohar Lal                            Sd/-Ambika Enterprises”

4.      In view of the above, no case for interference in the impugned order is made out. Hence, the appeal is dismissed.

5.      The statutory amount of Rs.17,500/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 11.12.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL