Delhi

New Delhi

CC/982/2010

Ashok Kumar Jain - Complainant(s)

Versus

M/S. Star Mobitel Ltd. - Opp.Party(s)

26 Aug 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/982/10                       Dated:

In the matter of:

1.ASHOK KUMAR JAIN,

S/O SHRI S K JAIN,

R/O  101, ENGINEERS ESTATE,

21, I P EXTENSION,

DELHI-110092

                   ……..COMPLAINANT

         

VERSUS

1.STAR MOBITEL LTD.,

G-26, SOUTH EXTENSION, PART-1,

NEW DELHI-110001

 

2.M/S. WARRANTY ASIA ,

11^TH FLOOR DR. GOPAL DAS TOWER,

28, BARAKHAMBA ROAD,

CONNAUGHT PLACE, NEW DELHI-110001

 

3.THE NEW INDIA ASSURANCE COMPANY LTD.,

OFFICE:887, MG ROAD, FORT,

MUMBAI-400001

 

ALSO AT:

505-07, 5^TH FLOOR,

ARUNCHAL BUILDING,

19, BARAKHAMBA ROAD,

NEW DELHI-110001

 

………. OPPOSITE PARTIES

ORDER  [ ORAL]

Date of Arguments :26.08.2015

MEMBER:  RITU GARODIA

 

Present : Present counsels for parties.

Argument heard.

 

 Complainant has purchased a mobile handset along with insurance cover on 18.1.2009.  The handset was stolen from complainant on 6.8.2009.  FIR and claim was filed.  The claim was repudiated by OP-2 and complaint was filed.

OP has repudiated the claim on grounds of 10(c) and 10(d) of condition s of policy.  OP has annexed policy where sum insured is Rs.20,900/- with premium for Rs.1,397/-.

We have given due consideration to arguments and pleadings.  Policy is admitted by both the parties.  Scrutiny of surveyor report reveals net loss assessed is Rs.6,987/- which is not payable under 10 (c) and 19 (d)  of terms of policy.

The terms of policy has been never given to complainant nor annexed with the complaint.  The theft being undisputed, OP insurance company after taking premium of Rs.1,397/- and insuring handset for Rs.20,900/- cannot assess the loss on depreciation and deduction, in case of theft which has to be treated as total loss.

We, hence, find OP guilty of deficiency in repudiating the claim on terms and conditions which has not been given to complainant and neither been placed in the Forum.  We direct OP to pay sum insured of Rs.20,900/- with 9% interest from date of claim till payment.  We also award Rs.15,000/- as  compensation for harassment  and mental agony caused to complainant.  We also award Rs.5,000/- as litigation expenses.

 

The payment be made within 30 days of the receipt of the copy of the order; otherwise action will be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

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

        Pronounced in open Court on 26.08.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER