| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 69 of 19.2.2016 Decided on: 15.3.2017 Ram Tej s/o Sh.Dev Raj r/o C/o Babu Ram & Sons, Patran Mandi, District Patiala. …………...Complainant Versus 1. Smart Mobile World, Paras Ram Market, Patran, District Patiala. 2. Leehan Retails Pvt. Ltd., 4, SSK Saphire Plaza, Pune Air Port Road, Near Symbiosis College Pune- 411014. …………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt. Neena Sandhu, President Smt. Neelam Gupta, Member ARGUED BY: Sh.M.L.Sharma,Advocate, counsel for complainant. Opposite Parties No.1&2 ex-parte. ORDER SMT.NEELAM GUPTA, MEMBER - The complainant purchased one mobile phone, make Samsung Model-Galaxy J-5 from O.P.No.1 vide bill No.342 for a sum of Rs.13,500/- on 30.10.2015. The complainant also got the said mobile phone insured under insurance plan 1199 called as Syska Gadget Secure run by OP no.2 by paying an amount of Rs.1200/- to O.P. No.1. OP No.1 handed over an insurance card bearing No.35270289 to the complainant. It is averred that on 29.11.2015 at about 7.30 A.M. when the complainant was coming to his house from ‘New Bus Stand’, Patran and he was talking to some one, two young boys came on bike behind him and snatched his mobile phone. The complainant lodged an F.I.R. in police station, Patran, blocked the SIM and informed OP No.1 immediately from his mobile No.99154-065004. As per the requirements of OP No.1, the complainant handed over all the papers i.e. copy of bill, copy of ID proof, one cancelled cheque, copy of insurance card No.25270289, SIM block confirmation letter, deed of indemnity and subrogation alongwith claim form to OP no.1 on 2.12.2015 who assured the complainant that his claim would be released in short time. It is further averred that in the 1st week of job 2016, OP No.1 returned all the claim papers to the complainant and also told that the Insurance company had not cleared his claim as the claim intimation was not submitted in time. Whereas the complainant had given the information regarding the theft/burglary of the mobile phone in time and thus the non-payment of the claim of the complainant amounted to deficiency in service as well as unfair trade practice on the part of the O.Ps. The complainant underwent a lot of harassment & mental agony and was compelled to approach this Forum under Section 12 of the Consumer Protection Act (for short the Act),1986.
- On notice, OP No.1 failed to appear despite service and was thus proceeded against exparte. Whereas OP No.2 appeared through counsel and filed its reply to the complaint. In its reply, OP No.2 has clearly admitted that the complainant purchased the mobile phone from OP No.1 for a sum of Rs.13,500/- and also got the same insured by paying an amount of Rs.1200/- to OP no.1 for the insurance of PLAN 1199 called ‘Syska Gadget Secure’ run by OP No.2.The only plea put forth by Op No.2 is that as per the rules and regulations of the company, report regarding damage is to be filed within 48 hours of the date of occurrence and also the F.I.R. regarding the same is to be lodged within 48 hours. In this case, neither the intimation regarding the damage was made within 48 hours nor the |F.I.R. in this regard was lodged within 48 hours, as such the complaint filed by the complainant is liable to be dismissed. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.
- In support of his complaint, the complainant produced in evidence Ex.CA, his sworn affidavit alongwith documents Exs.C1 to C8 and his counsel closed the evidence.
- Whereas the ld. counsel for OP No.2 after filing reply to the complaint neither appeared nor produced any evidence on record and was ultimately proceeded against exparte.
- The ld. counsel for the complainant filed written arguments. We have gone through the same, heard the ld. counsel for the complainant and also gone through the evidence on record.
- Ex.C1 is the copy of the invoice whereby the complainant purchased the mobile phone from OP No.1 on 30.10.2015.Ex.C2 is the insurance card whereby the complainant got his mobile phone insured. Ex.C3 is the copy of the claim form filled in by the complainant.Ex.C4 is the SIM Block confirmation letter.Ex.C5 is the copy of the F.I.R. dated 1.12.2015. On the occurrence of the incident, the complainant immediately informed Op No.1 from his mobile No.9915406504 and as 29.11.2015 was Sunday, he handed over all the requisite documents to OP No.1 on 2.12.2015. In the first week of February,2016, OP No.1 returned all the claim papers to the complainant and told him that his claim had not been cleared as the claim forms were not submitted in time.
- In the present case, after filing written statement, OP No.2 failed to produce any documentary evidence on record in support of his repudiation of the claim of the complainant and was ultimately proceeded against exparte. Non production of any evidence on record goes to show the indifferent attitude of the O.P. No.2 to redress the grievance of the complainant. The complainant informed OP No.1 regarding the theft incident immediately from his mobile No.9915406504.Since 29.11.2015 was Sunday, after completing all the formalities submitted the requisite documents with OP No.1 on 2.12.2015. O.Ps. failed to produce any document on record whereby it repudiated the claim of the complainant, which amounted to deficiency in service on the part of OP No.2.
- In view of the aforesaid discussion, we accept the complaint with a direction to OP No.2 to settle the claim of the complainant as per the terms and conditions of the policy. OP No.2 is also directed to pay a sum of Rs.4000/-for the harassment undergone by the complainant alongwith a sum of Rs.3000/-as costs of litigation. Order be complied by Op No.2 within a period of 30 days of the receipt of the certified copy of the order. Certified copies of this order be sent to the parties free of cost, under the rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED DATED:15.3.2017 NEENA SANDHU PRESIDENT NEELAM GUPTA MEMBER | |
