Delhi

North East

CC/42/2019

Mr. Jaan Mohommad - Complainant(s)

Versus

M/s Vodafone Mini Store - Opp.Party(s)

02 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 42/19

In the matter of:

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had purchased a Mobile phone make Samsung from M/s Yours Communication Office situated at C-3/343 Yamuna Vihar Delhi 110053 for Rs. 50,900/- and had made the payment through the HDFC Credit Card vide retail invoice bearing No. Y.V/0044 dated 20.04.2017 being TIN No. 07650253236. On 24.10.2018, the Complainant has visited the office of the Opposite Party No. 1 for purchasing the SIM Card then its one representative namely Mr.Vikram had met the Complainant and told about the ongoing scheme of postpaid mobile number and further told that if the Complainant bought a postpaid mobile number then the Complainant’s phone will get a smart phone protection insurance which will be covered by Opposite Party No. 3 as same will be valid for 12 months from the day of purchase of the SIM completely free and no extra charges had to be paid. Then the Complainant had purchased one Vodafone SIM bearing No. 9999868702 on the very same day after believing the offer, thereafter, one Vodafone Mobile shield Smart Phone Protection Certificate was issued by the Opposite Party No. 2 online and thereafter the Complainant has got the same Printout as bearing the factual plan bearing Type A registered dt. 24.10.2018 18:21:29 certificate No. 100210928 Operator
   Ref. No. 162719283 and amount insured Rs. 35,000/-. Then the Complainant’s mobile phone was damaged in an accident. The Complainant through the mobile shield app and his registered e-mail ID i.e App at the time of booking insurance phone protection policy and after that the Opposite Party No. 2 provided the Complainant protection plan for 1 year. The Opposite Party No. 3 has not obtained any signature of the Complainant in terms of consent towards the any terms and condition of any insurance policy and even the Opposite Parties have not disclosed any terms and conditions regarding the insurance policy and even this fact have not been told to the Complainant. A legal notice has been duly served upon the Opposite Party but the Opposite Party has not made any reply to the same. The Complainant has prayed to issue the direction to the Opposite Party to pay Rs. 35,000/-, Rs. 50,000/- as compensation due to harassment and mental agony and Rs. 15,000/- on account of litigation charges.
2. On 22.02.2021, Complainant deleted Opposite Party No-2 from the Array of parties and filed an Amended Memo of parties.
3. Opposite Party No. 1 & 3 were proceeded against Ex-parte vide order dated 08.04.2022.

Evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint. The Complainant has relied upon the copy of the invoice of the mobile phone, copy of Insurance, copy of claim rejection letter, copy of legal notice and postal receipts.

Arguments & Conclusion

5. We have heard the Complainant and we have perused the file. The case of the Complainant is that he purchased a Mobile phone make Samsung on 20.04.2017 for a sum of Rs. 50,900/-. He purchased a SIM Card from the Opposite Party No. 1 i.e. Vodafone on 24.10.2018. And at that time the Mobile Phone of the Complainant was insured by the Opposite Party No. 1 and the Insurer was Opposite Party No. 3 i.e The New India Assurance Company Ltd.. The Mobile phone of the Complainant was damaged in an accident and the Complainant lodged the claim with the Opposite Party No. 3 and his claim was rejected. The claim of the Complainant was rejected vide rejection letter dated 24.11.2018 on the ground that “Loss has occurred on or post 24 month/s of import or month of manufacturing hence no coverage available under exclusion of the policy.” The perusal of the insurance policy does not mention about any such condition and the loss had occurred within 12 months of the policy. The Opposite Parties did not contest the case and thus they have no defense.
6. In view of the above discussion, the complaint is allowed. Opposite Party No. 3 i.e. The New India Assurance Company Ltd.  (Insurer) shall pay an amount of Rs. 35,000/- i.e insured value of the Mobile Phone to the Complainant along with the interest @ 6 % p.a from the date of filing the complaint till its recovery. The Opposite Party No. 3 i.e. The New India Assurance Company Ltd. shall pay an amount of Rs. 10,000/- to the Complainant on account of harassment and litigation expenses along with interest @ 6 % p.a from the date of this order till recovery.
7. Order announced on 02.11.2022.

          Copy of this order be given to the parties free of cost.

File be consigned to Record Room.