Delhi

North East

CC/503/2015

Babita Singh - Complainant(s)

Versus

New India Assurance Co. Ltd. - Opp.Party(s)

06 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 503/15

 

In the matter of:

 

	Ms Babita Singh D/o Sh Shiv Shankar Singh R/o 1655, Janta Flats GTB Enclave, Delhi-110095.	Complainant
	Versus
1.         2.       3.	New India Assurance Co. Ltd 10th Floor, Core-1, Scope Minar, Laxmi Nagar District Centre, Delhi-110092.   Syska Gadget Secure (Service Center) Varun Enterprises , WA-84, Ground Floor Shakarpur, Delhi-110092.   Best Deal Communication D-216/2, Shop No.D Central Block, Dilshad Garden Delhi-110095.	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

22.12.2015 04.04.2018 06.04.2018

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Case of the complainant is that the complainant had purchased Samsung Galaxy E-7 Mobile handset with all accessories bearing IMEI No. 358185/06/639062/3 * 358186/06/639062/1 from OP3 on 02.09.2015 for Rs. 17,400/- vide retail invoice No. 660. At the time of purchase of the said handset, the agent of OP2 having tie up with OP1 approached the complainant and offered insurance of the said mobile after giving assurance to the complainant that the said mobile phone shall be covered for all fire and allied perils, theft / burglary, physical damage and water damage. The complainant, acting upon the assurance of OP2 took the contingence policy from OP2. On 16.11.2015, while the complainant was on motorcycle, she met with a minor accident as a result of which the handset got damaged and on the same day the complainant filled up the Mobile Insurance Claim Form and submitted the same alongwith the damaged handset on 26.11.2015 to OP2 vide job card No. 1511167770 duly received by OP2. However, to the utter shock of the complainant, on checking the status of her damaged handset on the website of OP2, she came to know that her claim had been rejected and job card had been closed. The complainant visited the office / service center of OP2 several times to enquire about the reason for rejection of the claim and wrote several e-mails between 7^th December to 11^th December 2015 to OP2 for the same but to no avail. Lastly the complainant was constrained to file the present complaint before this Forum praying for direction to the OPs to refund the whole amount of damaged handset or replace the defective handset with a new one. The complainant also prayed for directions to the OPs to pay                    Rs. 50,000/- for loss of time, mental harassment/ mental agony and damages and Rs. 45,000/- towards litigation expenses.
2. Notice was issued upon OPs. OP1 filed its written statement taking preliminary objection that the complainant had not disclosed details of insurance policy or documents pertaining to the accident wherein her mobile was allegedly damaged regardless of the fact that any such damage was not covered as per terms and condition of the policy which only covered fire and allied perils, theft / burglary, physical damage, due to violent, visible, unintentional, external accidental means and water damage and as per general exclusion No. D-6 of the policy, the present damage to the mobile phone was not covered as the damage was intentionally caused by self negligence and therefore prayed for dismissal of the complaint.
3. OP2 did not appear despite service on 11.02.2016 and was therefore proceeded against Ex-parte vide order dated 18.03.2016. OP3 did not appear despite existing on the same address as that on which the service of notice could not be effected which was deliberately not accepted by OP3 and therefore OP3 was also proceeded against ex-parte.
4. Complainant filed rejoinder to the written statement filed by OP1 reiterating her complaint alleging deceitful and unfair trade practice adopted by the OPs and stated that the OP2 was demanding Rs. 8,636/- from the complainant for repair of the mobile phone after retaining the same for more than a month and rejecting the claim thereafter arbitrarily.
5. Evidence by way of affidavit was filed by the complainant exhibiting material documents in support of their case viz copy of invoice, copy of special contingency policy, copy of mobile insurance claim form, copy of job card, copy of close job card and e-mails.

Evidence was filed by OP1.

6. Written arguments were filed by the complainant.
7. During the course of oral arguments the counsel of complainant apprised the Forum that it was only after filing of the present complaint and the intervention of this Forum that the OP2 came forth to settle the dispute with the complainant sometime in April 2016 when OP2 repaired the mobile of the complainant and the same is now satisfactorily operational form. However the complainant argued that the OPs have caused unnecessary harassment to the complainant since November 2015 and did not repair her mobile phone and rejected her claim arbitrarily without assigning any reason for which compensation may be granted to the complainant.
8. In the facts and circumstances of the case we are of the opinion that since the handset of the complainant has already being repaired by OP2 and is functional, no replacement or refund shall be granted to the complainant with respect thereto against the OPs. However in view of the harassment caused by the OPs to the complainant by arbitrary rejection of her claim and closure of her job card compelling her to file the present complaint and bear litigation charges, we hold the OPs guilty deficiency of service and therefore deem fit to award a sum of Rs. 10,000/- as compensation to the complainant towards mental harassment and litigation expenses payable by all the OPs jointly and severally within 30 days of receipt of this order.      
9.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
10.   File be consigned to record room.
11.   Announced on  06.04.2018.

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member