Delhi

West Delhi

CC/15/339

HARE KRISHNA - Complainant(s)

Versus

MOBILE CAMPUS - Opp.Party(s)

02 Dec 2016

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058        

 

                                                                                                             Date of institution:26.5.15

Complaint case No.339/15                                                                                                   Date of Order:2.12.16

In the matter of

Mr. Hare Krishna,

7A,MS Block,

Ranaji Enclave, Najafgarh,

New Delhi-43.                                                                                                         COMPLAINANT

 

VERSUS

 

Mobile Campus,

E-21,  Milap Ngar,

Uttam Nagar, New Delhi 59.                                                                               OPPOSITE PARTY-1

 

Home serve (Paladin Systems Pvt. Ltd.)

Insurance Company,

Shop No.2,  1^st Floor,

MC Complex, Nayabagh,

Sector 15, Noida.                                                                                                   OPPOSITE PARTY-2

 

Micromax Infomatic,

Plot No. 90B, Sector 18,

Gurgaon.                                                                                                                  OPPOSITE PARTY-3

 

ORDER

 

R.S. BAGRI, PRESIDENT.

            The brief relevant facts for disposal of the present complaint are that one mobile handset Micromax A300 was purchased by the complainant on 3.8.14 vide invoice No.5811 for sale consideration of Rs.19800/- from Opposite Party1.  The complainant insured the

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mobile handset from Opposite Party-2 on the same day from the shop of Opposite Party-1 by paying an amount of Rs.1980/-.  The mobile handset  was stolen on 13.8.14.  FIR was lodged by the complainant on the same day.  But  copy of FIR was given to him after one month.   The complainant  on 1.11.14 submitted to the Opposite Party-2  all relevant documents alongwith the accessories for payment of claim.  The Opposite Party-2 told the complainant  that the claim cheque will be delivered to him within a month.   But the Opposite Party-2 rejected the claim on the ground that the documents were not complete.  The complainant again submitted to Opposite Party-2 complete set of documents on 26.12.14.   On inquiry about status of his claim, he was told that documents are not received by the Opposite Party-2.   On 26.2.15 complainant once again deposited all relevant documents with Opposite Party-2.  When complainant again inquired about status of the claim, the Opposite Party-2 refused to pay any claim .   But after one week the Opposite Party-2 called the complainant and told him that his claim will be given after one week.  But op-2 failed to pay any claim .   Hence the present complaint for directions to the Opposite Party-2 for payment of the claim and compensation for mental pain, agony and harassment.

            Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.  Therefore, Opposite Parties 1 & 3 were proceeded exparte vide order dated 8.3.16 and Opposite Party-2 was proceeded exparte vide order dated 27.4.16.  When the complainant was asked to lead exparte evidence, he filed affidavit dated 26.7.16.  He also relied upon invoice dated 3.8.14, Protection Plan dated 3.8.14, letter dated 10.12.14, copy of FIR  dated 13.8.14, copy of untrace report andcopies of receipt of claim dated 21.11.14 and 26.2.15 .   He again reiterated his stand in the affidavit taken in the complaint.

 

            On the perusal of the documents, it revels that the complainant purchased one mobile handset Micromax A300 on 3.8.14 from Opposite Party-1 vide invoice No.5811.  The complainant insured the mobile handset on the same day from Opposite Party-2 from the

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shop of Opposite Party-1 by paying an amount of Rs.1980/-  Vide bill No.PPP25316 .  The mobile handset was stolen on 13.8.14  and FIR of the same was lodged on  the same day.  The complainant submitted all original documents for claim on 21.11.14.  The claim of the complainant was rejected by Opposite Party-2 on 10.12.14 on grounds that complete set of documents was not provided as per the policy clause.  The complainant again deposited complete set of documents alongwith untrace report and acknowledgement of confirmation of barring of SIM on 26.2.15. 

            We have heard the complainant in person and have gone through the material on record carefully and thoroughly. 

            The version of the complainant has remained unrebutted and unchallenged. Therefore, there is no reason to disbelieve the version of the complainant.  The complainant from the affidavit and documents placed on record has been able to show that he purchased one mobile handset Micromax A300 with IMEI No.911338900005960 on 3. 8.14 vide invoice NO.5811 from Opposite Party-1 for sale consideration of Rs.19800/- and on the same day he purchased Protection Plan of the mobile handset from Opposite Party-2 by paying an amount of Rs.1980/-. 

 

            The claim of the complainant is rejected by Opposite Party2on the ground that untrace report and acknowledgment on confirmation of barring of SIM from network service provider not  submitted with the claim. The complainant has produced on record receipt dated 26.2.15 vide which the complainant again submitted claim with Opposite Party-2 with all relevant documents including untrace report and confirmation on blocking SIM. But despite promise the Opposite Party-2 failed to pay claim to the complainant.  Hence,  there is unfair trade practice and deficiency in service on the part of Opposite Party-2.

 

 

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            Therefore, the complainant is entitled to recover cost of mobile handset Rs.19800/- and Rs.1980/- insurance amount.  He has also suffered mental pain, agony and harassment.  Therefore, complainant  is also entitled for claim on account of mental pain, agony and harassment.

 

            Hence, the complaint succeeds and is hereby allowed and the Opposite Party-2 is directed to pay Rs.19800/- cost of mobile handset and  Rs.1980/- insurance amount totaling to Rs.11780/- with interest at the rate of 9% per annum from the date of filing the complaint and Rs.5000/- as compensation for mental pain, agony and harassment.

Order pronounced on   :2.12.16  

·        Compliance of the order be made within 30 days after receipt of the order.

·        Copy of order be sent to the concerned parties free of cost.

·        Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              ( R.S.  BAGRI )

  MEMBER                                         MEMBER                            PRESIDENT