Order dictated by:

Sh.S.S. Panesar, President.

1. Sh.Yogesh Verma has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that he purchased one mobile from M/s.A A Electronics 106B Sunrise Plaza Upstair Bakewell Bakery Cooper Road, Amritsar vide Invoice no.36792 dated 9.12.2015 for Rs.9200/-. Copy of the bill is attached. The complainant is consumer under the definition of Consumer Protection Act, 1986 and is fully authorized to file the present complaint. The complainant got the Mobile Set in question, insured from Opposite Party No.1 through Opposite Party No.2 for one year and paid a sum of Rs.800/- as insurance amount. The Mobile Set was Microsoft Model Lumia 540, bearing IMEI No.351847070726509 and warranty period was one year. The Mobile Set of the complainant got damaged on 3.4.2016 at 10.30 PM at Amritsar as Bike of the complainant got slipped due to hit by a car in the accident held on 3.4.2016 at 10.30 PM and Mobile Set hit on the road while driving on the flyover and Mobile Set in question got damaged and in this regard, the matter was referred to Opposite Parties. The complainant requested for the claim of damaged mobile set on 7.4.2016 on mail and ultimately, the Opposite Party asked for submitting the claim alongwith the following documents:-

(i) Claim Form.

(ii) Incident report.

3. Estimate/job sheet

4. Invoice Copy

5. Photo ID proof

6. 3 Photos (one showing IMEI number and two showing damages)

All the documents asked for were submitted on 8.4.2016 through mail and the Opposite Party asked that they have not received the documents upto 9.4.2016 and the complainant again sent the same on 11.4.2016 and then also informed telephonically. The complainant has not been issued any instructions that the immediate intimation not later than 48 hours from the date and time of loss about loss should be given to GIB at 0172-5101366, therefore the complainant submitted the claim on 8.4.2016 immediately after four days, as there was no clear instructions mentioned while insuring the Mobile Set. There is no fault on the part of the complainant. The claim of the complainant has been ultimately rejected by the Opposite Party with the remarks that “we refer to the claim documents received by us regarding the claim reference No.C002909 Amritsar, the said claim against damage/ loss does not fall under the purview of the policy conditions, hence we are closing our file due to following reasons”.

1. “An immediate intimation (nor later than 48 yours from the date and time of loss) about loss should be given to GIB at 0172-5101366. In view of the above, the claim has not been repudiated on the ground mentioned above.”

The claim of the complainant is for Rs.4224/- which is issued by A A Electronics 106B Sunrise Plaza Upstair Bakewell Bakery Cooper Road, Amritsar, copy enclosed. That not accepting the claim by the Opposite Party is illegal and wrong one and illegally rejected as the complainant has no instruction with him that the claim should be preferred within 5 days only and thus, there is deficiency in service on the part of Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs:-

1. The Opposite Party be directed to pay the claim of Rs.4224/- of the damaged Mobile Set.

2. Compensation of Rs.10,000/- be also granted to the complainant for harassment and mental tension on the part of the Opposite Party.

3. Costs of the complaint be also granted.

4. Any other relief in the alternative which this Forum may deem fit and just be also granted.

Hence, this complaint.

2. Upon notice, inspite of due service, none appeared on behalf of the Opposite Parties, as such, Opposite Parties were ordered to be proceeded against exparte.

3. In his bid to prove the case, complainant made in the witness box as his own witness and filed duly sworn affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copy of bill dated 9.12.2015 Ex.C2, copy of service job sheet dated 7.4.2016 Ex.C3, copy of e-mail dated 8.4.2016 Ex.C4, copy of form 1C Ex.C5, copy of form 2C incident report Ex.C6, copy of estimate Ex.C7, copy of e-mail Ex.C8 and closed his evidence.

4. We have heard the complainant and have carefully gone through the evidence on record.

5. The complainant has purchased Mobile Set in dispute i.e. Microsoft Model Lumia 540, bearing IMEI No.351847070726509 vide Invoice no.36792 dated 9.12.2015 for Rs.9200/- from Opposite Party No.1. It is the further case of the complainant that his bike got slipped due to hit by a car in the accident held on 3.4.2016 at 10.30 PM and Mobile Set hit on the road while driving on the flyover and Mobile Set in question got damaged by hit on the road. The complainant requested for the claim of the damaged Mobile Set to Opposite Party No.1 i.e. insurer on 7.6.2016 on e-mail, copy of e-mail accounts for Ex.C3. The Opposite Party No.2 asked the complainant for submitting the documents i.e. (i)Claim Form, (ii)Incident report, (iii)Estimate/job sheet, (iv)Invoice Copy and (v) Photo ID proof and (vi) 3 Photos (one showing IMEI number and two showing damages). All the documents asked for were supplied by the complainant as per directions of Opposite Party No.2, copy of estimate is Ex.C7 on record vide which the loss to the tune of Rs.4224/- was assessed in favour of the complainant. But however, the Opposite Party No.1 declined the claim of the complainant vide e-mail, copy whereof is Ex.C8, on the ground that intimation regarding the loss of the Mobile Set in dispute has not been reported within 48 hours of the incident. But however, the Opposite Parties have not chosen to appear and contest the claim of the complainant in this Forum, thereby the Opposite Parties impliedly admitted the claim of the complainant. The exclusion clause was required to be intimated to the complainant and the complainant has categorically stated that said clause was never brought to his notice and as such, the aforesaid exclusion clause is not binding on the complainant. Opposite Party No.1 deficient in services in repudiating the claim of the complainant without any reasonable excuse. As such, instant complaint succeeds and Opposite Parties No.1 and 2 are jointly & severally directed to pay the claim of Rs.4224/- alongwith interest @ 9% per annum from the date of filing the complainant, until full and final recovery. The costs of the complaint are assessed at Rs.1000/-. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated: 16.08.2016