Mr. Purna Chandra Mishra, President.

        Complainant Lokesh Kumar Meher has filed this case U/s 35 of the CP Act,2019 alleging deficiency of service and unfair trade practice on the part of the Opposite Parties for non-payment of his insurance claim to the tune of Rs. 12,999/- arising out of the damage of his insured mobile and praying therein for direction to the Opposite Parties to pay Rs/ 12, 999/- with interest @ 18% per annum and compensation of Rs. 50,000/- for harassment and deficiency in service.

1. Brief fact leading to the case is that the complainant has purchased one mobile handset from OP No. 1 which was insured with OP No. 2 for a period of one year at a cost of Rs. 12, 999/- through online mode. The handset was insured by OP No. 2 under complete mobile protection on payment of Rs. 299/- towards premium. During the course of the insurance cover, the mobile handset got damaged on 28.02.2020. After damage of mobile handset, he made a claim before the OP No. 2. But the OP No. 2 did not attend to his grievance for which, he has filed this case before this Commission for the reliefs as discussed above.

2. After receipt of notice, the Opposite Parties filed their written statements separately. The OP No. 1 in his written statement stated that the product in question is manufacture by someone else and they have delivered the product to the complainant with a ten days option period to return the product if he is dissatisfied with the product in any manner. The complainant has not raised any complaint during that period and the present complaint relates to non-payment of insured amount to which the OP No. 1 is no way connected. Therefore, he prays for dismissal of the complaint with cost.

3. The OP No. 2 in his written statement stated that the mobile set of the complainant was insured by him for the period from 16.12.2019 to 16.12.2020. The complainant has never registered any claim regarding damage of the mobile set and without intimating him he has filed this case before the Commission for which the complaint against him is not maintainable and be dismissed with cost.

4. It is an admitted fact that the mobile set in question was insured with OP No. 2 for the period from 16.12.2013 to 16.12.2020 which is admitted by the OP No. 2 in Para-4 of written statement. The only question relating to the complaint whether any complaint has been lodged by OP No. 2 or not. The complainant has filed the statement of accounts relating to his bank account from 1^st March 2020 to 31^st March 2020. It is seen from the statement of accounts that a sum of Rs. 1000/- has been debited from the account of the complainant to the account of OP No. 2 towards advance repairing charges. So, it is very much clear from the statement of the accounts and the exchange of e-mails  between OP No.2 and the  complainant that he has lodged complaint regarding the loss/damage of the mobile set to OP No. 2 and he is fully aware of the complain which is clearly evident  from the      e-mails.. But, the OP No. 2 has failed to discharge his duty properly which amounts to deficiency in service and non-payment of insurance service amounts to unfair trade practice.

5. As a case of deficiency in service, unfair trade practice and harassment made out against OP No. 2 is liable to compensate the complainant for the loss and harassment sustained by him and hence the order.

O R D E R

The complaint petition is allowed on contest against OP No. 2 and dismissed against OP No. 1. The OP No. 2 is made liable for causing deficiency in service, unfair trade practice and harassment to the complainant. The OP No. 2 is directed to pay a sum of Rs. 12, 999/- (Twelve Thousand nine hundred and ninety-nine) to the complainant with interest @ 9% per annum with effect from 28.02.2020 till it is actually paid to the complainant. The OP No. 2 is further directed to pay a sum of Rs. 20, 000/- (Twenty Thousand) causing harassment and for causing deficiency in service and practicing unfair trade practice and to pay a sum of Rs. 5000/- (Five Thousand) towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of the order failing which the entire amount shall carry interest @ 12% from the date of order till it is paid to the complainant.