BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.316 of 2018
Date of Institution: 18.12.2018
Date of Decision: 28.03.2019
Samsudin, aged 31 years son of Shri Nizamudin, resident of Sirsa, District Sirsa, Haryana.
………Complainant.
Versus
1. Ridhi Sidhi Mobiles, Opp. Arya Primary School, Sadar Bazar, Sirsa Tehsil & District Sirsa through its Proprietor.
2. Bajaj Allianz General Insurance Company, Branch Office at Sirsa District Sirsa
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH. ISSAM SINGH SAGWAL ……MEMBER
MRS.SUKHDEEP KAUR…………..MEMBER
Present: Sh. Rishi Sharma, Advocate for complainant.
Ops exparte.
ORDER
In brief, case of complainant is that complainant purchased Samsung Galaxy A8 plus phone bearing IMEI No.355111.09.067042.5 and 355112.09.067402.03 from Op No. for a sum of Rs.35,000/- vide cash memo No.17741 dated 04.04.2018 and the mobile in question was having one year warranty. The complainant got the mobile in question insured with Op No.2 vide policy No.OG-19-1155-9931-00000480 for a period of 365 days against all type of damages, risks and theft etc. through Op No.1. 04.09.2018 at about 11.58 a.m. the phone of the complainant got lost and due intimation was given to police on the same day through online application No.132380651804313. Intimation was also given to the OP No.2 on 07.09.2018 besides supplying of copies of bill, insurance cover note and lost report. The complainant requested the Ops to settle the claim but they did not pay any heed and refused to do so. The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part.
2. None has appeared up on behalf of the Ops, therefore, they were proceeded against exparte vide orders dated 07.02.2019 and 05.03.2019.
3. In evidence, the complainant has tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which, he has reiterated all the averments made in the complaint. He has also produced copy of bill invoice Ex.C1, copy of confirmation of insurance policy Ex.C2, lost of property report Ex.C3, application given to the police for tracing out the mobile phone Ex.C4, intimation to the Op No.2 regarding loss of mobile Ex.C5 and copy of intimation to the insurance company regarding loss of mobile Ex.C6.
6. It is established on case file that complainant purchased the mobile in question from opposite party no.1 on 04.04.2018 for a sum of Rs.35,000/- vide invoice Ex.C1. According to the complainant, the Op No.1 got insured the phone in question from OP No.2 on 04.04.2018 for a period of 365 days from the date of purchase, covering all risks as is evident from Ex.C2. It is also proved on record that the mobile set got lost during the validation period and regarding this, the complainant got lodged report with the police Ex.C3. Due intimation was also given the Op No.2 regarding loss of mobile Ex.C5. Since the mobile in question was insured with the Op No.2 for 365 days, covering all the risks, from the date of purchase of mobile i.e. 04.04.2018, therefore, it is the legal duty of the insurance company to indemnify the loss suffered by the complainant during the validation period of the policy. Since opposite parties did not appear to rebut the plea and evidence of complainant, as such, evidence led by complainant goes as unchallenged and unrebutted.
7. In view of above discussion, the present complaint is hereby allowed. Since the complainant has used mobile for five months, therefore, the end of justice would be met, if we direct the Ops to refund 2/3rd of price of mobile set in question to the complainant. Hence, we direct the Ops to refund an amount of Rs.23,500/- to the complainant, being 2/3rd of the price (Rs.35,000/-) of the mobile. We further direct the opposite parties to further pay a sum of Rs. 1,000/- as composite compensation as well as litigation expenses. The opposite parties are liable to comply with this order within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum President,
Dated: 28.03.2019 District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF,Sirsa DCDRF, Sirsa
