Haryana

Ambala

CC/193/2017

Smt Santosh Devi - Complainant(s)

Versus

M/s AppsDaily Solutions Pvt ltd - Opp.Party(s)

Bimal

17 Apr 2018

ORDER

 

             BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.          : 193 of 2017

                                                          Date of Institution          : 13.06.2017

                                                          Date of decision     :  17.04.2018

 

 

Smt. Santosh Devi wife of Sh. Ram Pal Singh, r/o 38-A, Kismat Nagar, Babyal, Ambala Cantt.

……. Complainant.

Vs.

 

1.       Apps Daily Solutions Pvt Ltd. Regd. Office at D-3137, Oberoi Garden Estates, Chandivali Farm Road, Andheri (E) Mumbai-400072, through  its Managing Director.

2.       M/s AppsDaily Solutions Pvt Ltd. Branch office Near B.D.Sr. Secondary School, Ambala Cantt, through its Proprietor/Partner

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender  Kumar, Member.               

                   Ms. Anamika Gupta, Member.

 

 

Present:       Sh. Bimal Kant, counsel for the complainant.

                   Ops  ex parte v.o.d. 31.07.2017.

.

 

ORDER:

In nutshell, brief facts of the present complaint is that the complainant has purchased a mobile phone make HTC Desire 828 from M/s Mobile.Com. 5392, Nicholson Road, Ambala Cantt vide Invoice No.28 dated 15.05.2016 of Rs. 20,000/-. The complainant got insured  with the OP No.1 after purchase  of the abovesaid mobile phone and the said policy  was  purchased  by the complainant through OP No.2  being the branch office of OP No.1. The complainant paid the premium of Rs.1749/- to the OP No.2 and the OP No.2 provided Platinum policy No.20K-6732677 and the said policy was valid for one year i.e. 15.05.2016 to 14.05.2017. On 21.08.2016 at about 7.00 p.m. the complainant was going to her house and there was huge rush on the road and her some circumstances the mobile phone fell down and the  screen of the mobile phone was broken besides other damages. The complainant  immediately informed the Ops regarding the damaged caused to the mobile phone and also lodged a claim and the claim of the complainant was registered as ADB-220816_197760138 and the Ops assured that the claim will be settled within 15 days and the complainant will receive the compensation but till dated the claim of the complainant has not been settled inspite of repeated requests  and visits of the complainant and even the complainant has sent several e-mails to the respondent no.1 but  to no avail. The complainant served a registered AD legal notice dated 29.09.2016 upon the Ops. Due to the act of the Ops, the complainant has suffered mental and physical harassment and agony. Hence, the present complaint.  

2.                Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against ex-parte vide order dated 31.07.2017.

3.               To prove his version complainant tendered his affidavit as Annexure CW-1/A with documents as annexure C-1 to C-9 and close her evidence. Ops were proceeded ex parte v.o.d. 31.07.2017.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. It is proved on the file that the complainant has purchased mobile in question from M/s Mobile.Com, 5392, Nicholson Road, Ambala Cantt vide Invoice No.28 dated 15.05.2016 of Rs. 20,000/-. The complainant has alleged that the mobile in question got insured with OP No.1 and insurance policy has been purchased through OP No.2 and she paid the premium amount of Rs. 1799/- as per Annexure C-2. The complainant further alleged that on 21.08.2016, the complainant was going at her house there was huge rush on the road suddenly someone hit  the complainant as a result of which mobile in question fell down screen of the mobile in question was broken down besides other damages. The complainant further alleged that the complainant has lodged the claim and complete all the formalities but the Ops have not settled the claim inspite of sending the notice to the Ops as per Annexure C-5.

5.                In view of the above facts narrated by the complainant it is clear that the claim has not rejected by the Op No.1. We are view that whenever the insurance company has not rejected or accepted the claim. Therefore,  we cannot hold that insurance company is in deficient in service. So in the interest of justice, the complainant is directed to approached to the Op No.1 for settlement of the claim within period of one month after receiving of the copy of the order and she will submit the claim then the OPNo.1 will decide the claim of the complainant within 45 days after receiving the claim and documents etc. However it is made clear if the complainant is not satisfied with the decision of the OP No.1 regarding settlement of the claim then complainant is at liberty to file the fresh complaint, if so desired. The present complaint is hereby disposed off, accordingly. Copy of this order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 17.04.2018

                    

 (PUSHPENDER KUMAR)       (ANAMIKA  GUPTA)          (D.N. ARORA)

Member                          Member                                 President