Haryana

Kurukshetra

135/2018

Vikas Sharma - Complainant(s)

Versus

Mobile Point - Opp.Party(s)

Kanwar Ji Sharma

24 Apr 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.135 of 2018.

                                                     Date of institution: 19.06.2018.

                                                     Date of decision: 24.04.2019.

 

Vikas Sharma son of Ganesh Sharma, resident of House No.846, Ward No.12, Azad Nagar, Kurukshetra, District Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Mobile Point, Aggarsain Chowk, Mohan Nagar, Pipli road, Kurukshetra, through its proprietor.
2. The New India Assurance Company Ltd, Branch Dr. Sawhney Nursing Home, Pipli Road, Kurukshetra.

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

       

Present:     Sh. Kanwarji Sharma, Advocate for the complainant.   

                Sh. Gaurav Gupta, Advocate for Opposite party No.2.

                Opposite party No.1 already exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Vikas Sharma against Mobile Point and another, the opposite parties.

2.            Brief facts of the present complaint are that complainant had purchased a Vivo V3 Max Gold color mobile from opposite party no.1 vide invoice No.2972 dated 8.9.2016 for a sum of Rs.20,000/-. That on the same day, op no.1 received a sum of Rs.2100/- for insurance of said mobile which was duly insured with op no.2 vide policy no.9500000046161100000001. It is further averred that said mobile was under warranty for a period of one year. That said mobile was stolen by someone in the area of Police Station Civil Line, Karnal when the complainant boarded in the Bus from Nirmal Kutia chowk Karnal to Panipat. An FIR No.20 dated 10.1.2017 was registered in police station Civil Line Karnal. That the complainant requested the ops many times to give new mobile but all in vain and the complainant is suffering hardship without mobile. That complainant also sent a legal notice dated 16.9.2017 to the ops but to no effect. Hence, this complaint.

3.             Upon notice, opposite party no.1 did not appear and was proceeded against exparte.

4.             Op no.2 appeared and filed written statement taking certain preliminary objections. It is submitted that complainant himself is at fault as there is 5 days delay in lodging the FIR after theft and till date complainant has not lodged the claim with the answering op. As per settled law, company should be informed immediately i.e. within 24 hours after the loss, so the claim is not maintainable. It is further submitted that mobile of complainant alleged to be stolen after 90 days of its purchase/ insurance, so as per terms and conditions of the policy, 15% deductions will be made at the time of calculating the value of mobile. Remaining contents of complaint are denied.

5.             The complainant tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C9. Whereas on the other hand, learned counsel for opposite party no.2 has stated at bar that they will pay the claim amount after depreciation of the insured amount of the mobile as per terms and conditions of the policy.

6.             We have heard learned counsel for the parties and have perused the case file carefully.

7.             The mobile in question was purchased by complainant on 8.9.2016 for a sum of Rs.20,000/- from the opposite party no.1 as is evident from cash/ credit memo Ex.C1. Further it is evident from cash/credit memo dated 8.9.2016 Ex.C2 that mobile was got insured by complainant through op no.1 by paying amount of Rs.2100/-. According to the complainant, the mobile was stolen on 5.1.2017 and in this regard copy of FIR dated 10.1.2017 has been placed on file by complainant as Ex.C4 which supports the version of complainant.  The said mobile of complainant was stolen on 5.1.2017 i.e. after about three months of the purchase of mobile and as such complainant is entitled to the insurance amount after some depreciation from the insured amount.

8.             In view of the above, we allow the present complaint and direct the opposite party no.2 being insurer of the mobile in question to pay an amount of Rs.16,000/- to the complainant after deduction of Rs.4000/- from the insured amount of Rs.20,000/- on account of depreciation. We also direct the op no.2 to further pay an amount of Rs.5000/- as compensation on account of harassment, mental agony and litigation expenses. The op no.2 is directed to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum on the principal amount of Rs.16,000/- from the date of order till actual realization. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced in open Forum:

Dt.: 24.4.2019.    

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.